UC-NRLF 


GIFT  OF 


THE 

MILITARY  LAWS 


OF  THE 


UNITED   STATES 


19I5 


FIFTH  EDITION 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1913 


WAR  DEPARTMENT, 

Document  No.  472. 

OFFICE  OF  THE  JUDGE  ADVOCATE  GENERAL. 


WAR  DEPARTMENT, 
OFFICE  OF  THE  CHIEF  OF  STAFF, 

June  9,  1914. 

The  following  military  laws  of  the  United  States,  revised  and 
corrected  to  June  1,  1914,  under  the  supervision  of  Brig.  Gen.  E. 
H.  Crowder,  Judge  Advocate  General  of  the  Army,  are  approved 
and  published  for  the  information  and  government  of  the  Eegular 
and  Volunteer  Armies  and  the  Organized  Mitilia. 
By  Order  of  the  Secretary  of  War : 

(Signed)  W.  W.  WOTHERSPOON, 

Major  General,  Chief  of  Staff. 

3 


308475 


PEEFACE. 

This  compilation  contains  all  the  permanent  laws  of  the  United 
States  directly  affecting  the  War  Department,  the  Regular  Army, 
the  Volunteers,  and  the  Militia,  including  the  legislation  enacted  by 
the  63d  Congress,  which  adjourned  March  4,  1915. 

As  originally  prepared  and  submitted  to  the  Public  Printer,  it 
embraced  all  legislation  enacted  prior  to  June  1,  1914,  and  was  set 
up  in  that  form.  The  publication  was  delayed,  and  it  became  neces- 
sary to  include  legislation  enacted  after  that  date,  during  the 
remainder  of  the  second  session  and  also  during  the  third  session 
of  that  Congress.  This  later  legislation  will  be  found  in  the  supple- 
ment. The  numerical  designations  of  paragraphs  in  the  supplement 
correspond  to  those  of  related  paragraphs  in  the  original  text,  being 
distinguished  for  the  purpose  of  citation  by  a  letter  added  to  the 
paragraph  number,  thus  following  the  style  of  previous  compilations. 

It  has  not  been  found  practicable  to  include,  as  in  prior  editions, 
all  the  laws  directly  affecting  the  civil  administration  under  the 
War  Department,  nor  to  include  certain  laws  indirectly  affecting  the 
administration  of  the  department  and  the  military  establishment 
without  expanding  the  volume  to  an  inconvenient  size.  Accordingly 
only  such  laws  of  this  character  as  are  frequently  consulted  at  the 
War  Department  and  other  military  headquarters  have  been  retained 
and  the  others  have  been  eliminated,  citations  to  the  latter  being 
placed  in  a  table  of  related  statutes.  The  references  in  this  list  will 
enable  any  searcher  for  a  statute  to  pass  readily  to  the  section  of  the 
Revised  Statutes  or  the  volume  and  page  of  the  Statutes  at  Large 
where  the  act  is  to  be  found. 

As  a  further  aid  to  ready  reference,  there  has  been  inserted  a 
table  which  will  enable  one  to  pass  from  a  particular  paragraph  of 
this  compilation  to  the  corresponding  provisions  of  the  Revised 
Statutes  and  the  Statutes  at  Large. 

E.  H.  CROWDER, 
Judge  Advocate  General. 

March  18, 1915. 
4 


TABLE  OF  CONTENTS. 


Page. 

Chapter  I.  The  President 7 

Executive  departments  in  general 15 

The  Department  of  War 51 

IV.  Provisions  applicable  to  several  classes  of  officers 57 

V.  The  Treasury  Department — The  accounting  officers 63 

VI.  Postal  laws 97 

VII.  The  Department  of  Justice — Habeas  corpus — The  Court  of  Claims, 

etc 101 

VIII.  The  Department  of  the  Navy— The  Marine  Corps 119 

IX.  The  Revised  Statutes— The  Statutes  at  Large— The  Army  Regu- 
lations— The  Army  Register 121 

X.  The  Military  Establishment — General  provisions  of  organization..  133 

XI.  General  officers  and  aids 141 

XII.  Rank  and  command — Tactical  and  territorial  organizations 143 

XIII.  The  General  Staff  Corps 149 

XIV.  The  staff  departments — General  provisions — Disbursing  officers...  153 
XV.  The  Adjutant  General's  Department 177 

XVI.  The  Inspector  General's  Department 189 

The  Judge  Advocate  General's  Department — Military  prisons 193 

XVIII.  The  Quartermaster  Corps 201 

XIX.  The  Medical  Department 285 

XX.  The  Corps  of  Engineers 303 

XXI.  The    Ordnance    Department — Armories   and    arsenals — Board    of 

Ordnance  and  Fortification 311 

XXII.  The  Signal  Corps 331 

XXIII.  Chaplains 339 

XXIV.  Commissioned  officers 342 

XXV.  Brevets — Uniform  and  title  of  ex-officers — Medals  of  honor — Cer- 

tificates  of  merit — Foreign  decorations 369 

«OCXVI.  Enlisted  men 377 

XXVII.  The  troops  of  the  line — Troops,  batteries,  companies 393 

XXVIII.  The  United  States  Military  Academy— The  Army  War  College— 

The  Service  Schools 405 

XXIX.  Contracts  and  purchases 431 

XXX.  Public  property 465 

XXXI.  The  Militia 491 

XXXII.  Volunteers 513 

XXXIII.  Indians — Indian  agents — Indian  country 521 

%/^CXXI V.  The  employment  of  military  force 529 

XXXV.  Pension  laws 555 

XXXVI.  The  Soldiers'  Home "  565 

XXXVII.  Care  of  the  insane 573 

XXXVIII.  Flag  and  seal  of  the  United  States 575 

XXXIX.  The  Articles  of  War 579 

Supplement 617 

Table  of  Related  Statutes 653 

Table  of  Statutes  at  Large  and  Revised  Statutes 641 

Index 699 


CHAPTER  I. 


THE  PRESIDENT. 


Par. 

The  Executive  power 1 

Commander     in     Chief — Cabinet — 

Pardoning  power 2 

Term  of  office 3 

Succession  of  Vice  President 4 

Succession  of  Cabinet  officer 5 

Same — Limitations 6 


Par. 

Treaties — Appointment  of  officers. . .  7 

Recess  appointments 8 

Commissions 9 

"Notification  of  appointments 10 

Notification  of  rejections  and  con- 
firmations   11 

Details  of  clerks  to  Executive  Office.  12 


1.  The  executive  power. — The  executive  power *•  shall  be  vested  in 
a  President  of  the  United  States  of  America.     He  shall  hold  his 
office  during  the  term  of  four  years.     *     *     *     Constitution,  Art. 
77,  sec.  1. 

2.  Commander  in  Chief — Cabinet — Pardoning  power. — The  Presi- 
dent shall  be  Commander  in  Chief  of  the  Army  and  Navy  of  the 
United  States,  and  of  the  militia  of  the  several  States,  when  called 
into  the  actual  service  of  the  United  States;2  he  may  require  the 

1  The  Executive  Power. — The  executive  power  is  vested  in  a  President,  and, 
as  far  as  his  powers  are  derived  from  the  Constitution,  he  is  beyond  the  reach 
of  any  other  Department,  except  in  the  mode  prescribed  by  the  Constitution 
through  the  impeaching  power.     (Kendall  v.  U.  S.,  12  Pet.,  524,  610;  Marbury  v. 
Madison,  1  Cranch,  137,  166.) 

Execution  of  the  laws. — The  President  is  required  to  see  that  the  laws  are 
faithfully  executed,  but  he  is  not  obliged  to  execute  them  himself.  (IV  Opin. 
Att.  Gen.,  515;  Williams  v.  U.  S.,  12  Pet,  524,  610.)  The  President  speaks  and 
acts  through  the  heads  of  the  several  Departments  in  relation  to  subjects  which 
appertain  to  their  respective  duties.  (Wilcox  v.  Jackson,  13  Pet.,  498,  513; 
Wolsey  v.  Chapman,  101  IT.  S.,  755;  Runlde  v.  U.  S.,  122  U.  S.,  543,  557.)  As 
a  general  rule,  the  direction  of  the  President  is  presumed  in  all  instructions 
and  orders  issuing  from" the  competent  Department.  (VII  Opin.  Att.  Gen.,  453.) 
In  a  matter  which  the  law  confides  to  the  pure  discretion  of  the  Executive,  the 
decision  of  the  President,  or  proper  head  of  Department,  on  any  question  of 
fact  involved  is  conclusive,  and  is  not  subject  to  review  by  any  other  authority 
in  the  United  States.  (VI  Opin.  Att.  Gen.,  226  Marbury  v.  Madison,  1  Cr.,  137, 
166.)  The  President  can  not  be  restrained  by  injunction  from  executing  a  law 
of  Congress.  (Mississippi  v.  Johnson,  4  Wall.,  475;  Bates  v.  Taylor,  11  S.  W. 
Rep.,  266.) 

2  Powers  as  Commander  in  Chief. — As  Commander  in  Chief  he  is  authorized  to 
direct  the  movements  of  the  land  and  naval  forces  placed  by  law  at  his  com- 
mand, and  to  employ  them  in  the  manner  he  may  deem  most  effectual  to  harass 
and  conquer  and  subdue  the  enemy.     He  may  invade  the  hostile  country  and 
subject  it  to  the  sovereignty  and  authority  of  the  United  States.     But  his  con- 
quests do  not  enlarge  the  boundaries  of  this  Union,  nor  extend  the  operations 
of  our  institutions  and  laws  beyond  the  limits  before  assigned  to  them  by  the 
legislative  power.     (Fleming  v.  Page,  9  How.,  603.  615.)     The  power  of  com- 
mand and  control  reserved  by  the  Crown  was  placed  by  the  Constitution  in  the 


8  MILITARY  LAWS  OF   THE  UNITED  STATES. 

opinion,  in  writing,  of  the  principal  officer  in  each  of  the  Executive 
Departments  upon  any  subject  relating  to  the  duties  of  their  respec- 
tice  offices,  and  he  shall  have  power  to  grant  reprieves  and  pardons 
for  offenses  against  the  United  States,  except  in  cases  of  impeach- 
ment.1 Constitution^  Art.  II,  sec.  2. 

3.  Term  of  office. — The  term  of  four  years  for  which  a  President 
and  Vice-President  shall  be  elected  shall  in  all  cases  commence  on 
the  4th  day  of  March  next  succeeding  the  day  on  which  the  votes  of 
the  electors  have  been  given.    Sec.  15%,  R.  S. 

4.  Succession  of  Vice  President. — In  case  of  the  removal  of  the 
President  from  office,  or  of  his  death,  resignation,  or  inability  to 
discharge  the  powers  and  duties  of  the  said  office,  the  same  shall 

hands  of  the  President.  (Street  v.  U.  S.,  24  Ct  Cls.,  230;  25,  id.,  515,  113,  U.  S., 
299.  See  also,  the  chapter  entitled  The  Employment  of  Military  Force.) 

May  form  military  governments  in  occupied  territory. — As  an  incident  of  the 
exercise  of  belligerent  rights,  the  President  may  form  military  and  civil  gov- 
ernments in  the  territory  of  the  enemy  occupied  by  the  armies  of  the  United 
States.  (Cross  v.  Harrison,  16  How.,  164,  190,  193.  The  Grapeshot,  19  Wall., 
129,  132.)  He  may  also  institute  temporary  governments  within  insurgent 
districts  occupied  by  the  national  forces.  (Texas  v.  White.  7  Wall.,  700,  730.) 

May  establish  courts  in  occupied  territory — Limitation. — The  courts  estab- 
lished or  sanctioned  in  Mexico  during  the  War  by  the  commanders  of  the 
United  States  forces  were  nothing  more  than  the  agents  of  the  military  power, 
to  assist  it  in  preserving  order  in  the  conquered  territory  and  to  protect  the 
inhabitants  in  their  persons  and  property  while  it  was  occupied  by  the  Ameri- 
can armies.  They,  were  subject  to  the  military  power,  and  their  decisions  were 
under  its  control  whenever  the  commanding  officer  thought  proper  to  interfere. 
Neither  the  President  nor  any  military  officer  can  establish  a  court  in  a  con- 
quered country  and  authorize  it  to  decide  upon  the  rights  of  the  United  States, 
or  of  individuals  in  prize  cases,  nor  to  administer  the  laws  of  nations.  ( Jecker  v. 
Montgomery,  13  How.,  498,  515.  The  Grapeshot,  9  Wall.,  129,  132.) 

For  authority  to  employ  secret  agents  in  time  of  war,  see  Totten  v.  U.  S.,  92 
U.  S.,  105,  107.  For  powers  and  duties  of  the  Executive  in  connection  with  the 
Army,  the  Militia,  and  the  Army  Regulations,  etc.,  see  the  chapters  so  entitled. 

The  constitutional  power  of  the  President  to  command  the  Army  and  Navy, 
and  of  Congress  "  to  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces  "  are  distinct ;  the  President  can  not,  by  military  orders,  evade 
the  legislative  regulations;  Congress  can  not,  by  rules  and  regulations,  impair 
the  authority  of  the  President  as  Commander  in  Chief.  (Swaim  v.  U.  S.,  28  Ct. 
Cls.,  173.)  When  a  law  is  passed  for  the  regulation  of  the  Army  which  does 
not  impair  the  efficiency  of  the  President  as  Commander  in  Chief,  he  becomes, 
as  to  that  law,  an  executive  officer,  and  is  limited  in  the  discharge  of  his  duties 
by  the  statute.  (McBlair  v.  U.  S.,  19  id.,  528.) 

1  The  pardoning  power. — A  pardon  is  an  act  of  grace  proceeding  from  the 
power  intrusted  with  the  execution  of  the  laws,  which  exempts  the  individual 
on  whom  it  is  bestowed  from  the  punishment  the  law  inflicts  for  a  crime  he  has 
committed.  It  is  the  private  though  official  act  of  the  executive  magistrate, 
delivered  to  the  individual  for  whose  benefit  it  is  intended,  and  not  communi- 
cated officially  to  the  court.  (U.  S.  v.  Wilson,  7  Pet.,  150,  161;  Coke,  3d  Inst, 
233.)  The  power  which  the  Constitution  confers  upon  the  President  to  grant 
pardons  can  not  be  controlled  or  limited,  in  any  manner,  by  Congress.  (Ex 
parte  Garland,  4  Wall.,  333,  380;  U.  S.  v.  Klein.  13  Wall.,  128,  147;  IV  Opin. 
Att  Gen.,  458;  19  id.,  476.) 

Delivery  and  acceptance. — The  pardon  is  a  private  though  official  act.  It  is 
official  in  that  it  is  the  act  of  the  Executive;  it  is  private  in  that  it  is  delivered 
to  the  individual  and  not  to  the  court.  It  must  be  pleaded,  or  brought  officially 
to  the  knowledge  of  the  court,  in  order  that  the  court  may  give  it  effect  in  any 
given  case.  There  is  nothing  peculiar  in  it  to  distinguish  it  from  other  acts. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  9 

devolve  on  the  Vice-President,  and  the  Congress  may  by  law  provide 
for  the  case  of  removal,  death,  resignation,  or  inability,  both  of  the 
President  and  Vice-President,  declaring  what  officer  shall  then  act 
as  President,  and  such  officer  shall  act  accordingly,  until  the  dis- 
ability be  removed,  or  a  President  shall  be  elected.  Constitution, 
Art.  77,  sec.  1,  par.  5. 

5.  Succession  of  Cabinet  Officers. — In  case  of  removal,  death, 
resignation,  or  inability  of  both  the  President  and  Vice-President  of 
the  United  States,  the  Secretary  of  State,  or  if  there  be  none,  or  in 
case  of  his  removal,  death,  resignation,  or  inability,  then  the  Secre- 
tary of  the  Treasury,  or  if  there  be  none,  or  in  case  of  his  removal, 
death,  resignation,  or  inability,  then  the  Secretary  of  War,  or  if 

It  is  a  deed  to  the  validity  of  which  delivery  is  essential,  and  the  delivery  is 
not  complete  without  acceptance.  It  may  be  rejected  by  the  person  to  whom  it 
is  tendered,  and,  if  rejected,  there  is  no  power  in  the  court  to  force  it  upon 
the  individual.  (U.  S.  v.  Wilson,  7  Pet,  150.) 

Effects. — Subject  to  exceptions  therein  provided,  a  pardon  by  the  President 
restores  to  its  recipient  all  rights  of  property  lost  by  the  offense  pardoned, 
unless  the  property  has,  by  judicial  process,  become  vested  in  other  persons. 
(Osborn  v.  U.  S.,  91  U.  S.,  474;  V  Opin.  Att  Gen.,  532.) 

Power  to  mitigate  and  commute. — The  President  may,  by  an  exercise  of  the 
pardoning  power,  mitigate  or  commute  a  punishment  imposed  by  any  court  of 
the  United  States.  (Ex  parte  Wells,  18  How.,  307;  In  re  Ross,  140  U.  S.,  453.) 
In  mitigating  the  sentence  of  a  naval  court-martial  the  President  may  substi- 
tute a  suspension  for  a  term  of  years  without  pay  for  an  absolute  dismissal 
from  the  service,  as  suspension  is  but  an  inferior  degree  of  the  same  punish- 
ment. (I  Opin.  Att.  Gen.,  433.) 

Conditional  pardons. — The  language  of  the  Constitution  is  such  that  the 
power  of  the  President  to  pardon  conditionally  is  not  one  of  inference,  but  is 
conferred  in  terms,  the  language  being  "  to  grant  reprieves  and  pardons,"  which 
includes  absolute  as  well  as  conditional  pardons.  Under  this  power  the  Presi- 
dent can  grant  a  conditional  pardon  to  a  person  under  sentence  of  death,  offer- 
ing to  commute  that  punishment  into  an  imprisonment  for  life.  If  this  is 
accepted  by  the  convict  he  has  no  right  to  contend  that  the  pardon  is  absolute 
and  the  condition  of  it  void.  (Ex  parte  Wells,  18  How.,  307;  Osborn  v. 
U.  S.,  91  U.  S.,  474;  U.  S.  v.  Wilson,  7  Pet.,  150.)  When  a  pardon  is  granted 
with  conditions  annexed  the  conditions  must  be  performed  before  the  pardon 
is  of  any  effect.  (Waring  v.  U.  S.,  7  Ct.  Cls.,  501.)  One  who  claims  the  benefit 
of  a  pardon  must  be  held  to  strict  compliance  with  its  conditions.  (Haym  v. 
U.  S.,  7,  Ct.  Cls.,  443;  Scott  v.  U.  S.,  8  id.,  457.)  The  condition  annexed  to  a 
pardon  must  not  be  impossible,  unusual,  or  illegal ;  but  it  may,  with  the  consent 
of  the  prisoner,  be  any  punishment  recognized  by  the  statutes  or  by  the  common 
law  as  enforced  by  the  State.  (Lee  v.  Murphy,  22  Grat.  (Va.),  789.) 

Time  of  exercise. — The  President  of  the  United  States  has  the  conditional 
power  to  pardon  as  well  before  trial  and  conviction  as  afterwards;  but  it  is  a 
power  only  to  be  exercised  with  reserve  and  for  exceptional  considerations. 
(VI  Opin.  Att.  Gen.,  20;  1  id.,  341;  2  id.,  275;  5  id.,  687;  Ex  parte  Garland, 
4  Wall.,  333;  Dominick  v.  Davidson,  44  Ga.,  457;  5  Blair  v.  Com.,  25  Grat. 
(Va.),  850.)  It  is  competent  for  the  President  to  grant  a  pardon  after  the 
expiration  of  the  term  of  sentence,  thereby  relieving  from  consequential  dis- 
abilities. (Stetler's  case,  1  Phil.,  IX,  38;  Com.  v.  Bush,  2  Duv.  (Ky.),  264.) 
The  loss  of  rights  of  citizenship  does  not  attach  to  those  deserting  the  mili- 
tary or  naval  service  in  time  of  peace,  after  August  22,  1912.  (37  Stat.  356.) 
For  this  act  see  page  1052. 

Limitation  upon  the  pardoning  power. — The  Constitution  gives  to  Congress 
the  power  to  dispose  of  the  public  property  and  to  the  President  only  the 
power  to  pardon  crimes;  and  the  President,  having  no  title  to  forfeited 
property,  can  not  restore  it,  though  he  may  pardon  the  offense  which  caused 
the  forfeiture.  Property  confiscated  by  judgment  to  the  United  States  is  beyond 


10  MILITARY   LAWS   OF    THE   UNITED   STATES. 

there  be  none,  or  in  case  of  his  removal,  death,  resignation,  or  in- 
ability, then  the  Attorney-General,  or  if  there  be  none,  or  in  case  of 
his  removal,  death,  resignation,  or  inability,  then  the  Postmaster- 
General,  or  if  there  be  none,  or  in  case  of  his  removal,  death,  resig- 
nation, or  inability,  then  the  Secretary  of  the  Navy,  or  if  there  be 
none,  or  in  case  of  his  removal,  death,  resignation,  or  inability,  then 
the  Secretary  of  the  Interior,  shall  act  as  President  until  the  dis- 
ability of  the  President  or  Vice-President  is  removed  or  a  President 
shall  be  elected :  Provided,  That  whenever  the  powers  and  duties  of 
the  office  of  President  of  the  United  States  shall  devolve  upon  any 
of  the  persons  named  herein,  if  Congress  be  not  then  in  session,  or 
if  it  would  not  meet  in  accordance  with  law  within  twenty  days 

the  reach  of  executive  clemency  and  is  absolutely  national  property.  The 
President  has  no  right  to  dispose  of  that  which  belongs  to  the  Nation.  (Knote 
v.  U.  S.,  10  Ct.  Cls.,  397,  406 ;  95  U.  S.,  149-157 ;  U.  S.  v.  Six  Lots  of  Ground, 
1  Woods,  234;  Osborn  v.  U.  S.,  91  U.  S.,  474,  477.) 

Pleading. — A  pardon  is  a  deed,  to  the  validity  of  which  delivery  is  essential, 
and  delivery  is  not  complete  without  acceptance.  *  *  *  The  pardon  may 
possibly  apply  to  a  different  person  or  to  a  different  crime.  It  may  be  absolute 
or  conditional.  It  may  be  controverted  by  the  prosecutor  and  must  be 
expounded  by  the  court.  These  circumstances  combine  to  show  that  this,  like 
any  other  deed,  ought  to  be  brought  before  the  court  by  plea,  motion,  or  other- 
wise. (U.  S.  v.  Wilson,  7  Pet.,  150,  161;  Ex  parte  Reno,  66  Mo.,  266.)  The 
recital  of  a  specific,  distinct  offense,  in  a  pardon  by  the  President,  limits  its 
operation  to  that  offense,  and  such  pardon  does  not  embrace  any  other  offense 
for  which  separate  penalties  and  punishments  are  provided,  (Ex  parte 
Weimer,  8  Biss.,  C.  Ct.,  321.)  The  conviction  having  been  of  two  offenses, 
and  the  pardon  reciting  only  one,  the  pardon  operates  upon  the  offense  recited. 
(State  v.  Foley,  15  Nev.,  64.) 

Appointments  to  office. — Appointments  provided  for  by  act  of  Congress, 
merely  in  general  terms,  must  be  made  by  and  with  the  advice  and  consent  of 
the  Senate.  (VI  Opin.  Att.  Gen.,  1.)  When  a  person  has  been  nominated  to 
an  office  by  the  President,  confirmed  by  the  Senate,  and  his  commission  has 
been  signed  by  the  President,  and  the  seal  of  the  United  States  affixed  thereto, 
his  appointment  to  that  office  is  complete.  Congress  may  provide  *  *  * 
that  certain  acts  shall  be  done  by  the  appointee  before  he  shall  enter  on.  the 
possession  of  the  office  under  the  appointment.  These  acts  then  become  con- 
ditions precedent  to  the  complete  investiture  of  the  office;  but  they  are  to  be 
performed  by  the  appointee,  not  by  the  Executive;  all  that  the  Executive  can 
do  to  invest  the  person  with  his  office  has  been  completed  when  the  commis- 
sion has  been  signed  and  sealed,  and  when  the  person  has  performed  the  re- 
quired condition,  his  title  to  enter  on  the  possession  of  the  office  is  also  com- 
plete. (U.  S.  v.  Le  Baron,  19  How.,  73,  78;  U.  S.  v.  Stewart,  id.  79;  Marbnry 
v.  Madison,  1  Cranch,  137.) 

Powers  of  officers. — All  the  officers  of  the  Government,  from  the  highest  to 
the  lowest,  are  but  agents  with  delegated  powers,  and  if  they  act  beyond  the 
scope  of  their  delegated  powers  their  acts  do  not  bind  the  principal.  (U.  S.  v. 
Maxwell  Grant,  21  Fed.  Rep.,  19.)  An  officer  can  only  bind  the  Government 
by  acts  which  come  within  a  just  exercise  of  his  official  power.  (Hunter  v. 
U.  S.,.5  Pet,  173,  178;  The  Floyd  Acceptances,  7  Wall.,  666;  State  v.  Hastings, 
12  Wis.,  596.)  It  is  a  question  of  law  for  the  court  whether  an  act  is  a  part 
of  the  official  duty  of  a  public  officer.  (U.  S.  v.  Buchanan,  8  How.,  83.)  Every 
public  officer  is  required  to  perform  all  duties  which  are  strictly  official,  al- 
though they  may  be  required  by  laws  passed  after  he  comes  into  office,  and  may 
be  cumulative  upon  his  original  duties,  and  although  his  compensation  therefor 
be  wholly  inadequate.  In  such  case  he  must  look  to  the  bounty  of  Congress 
for  any  additional  reward.  (Andrews  v.  U.  S.,  2  Story,  202.)  An  officer  is 
bound  to  use  that  care  and  diligence  in  the  discharge  of  his  duties  that  a  con- 
scientious and  prudent  man,  acting  under  a  just  sense  of  his  obligations,  would 
exercise  under  the  circumstances  of  a  particular  case,  and  if  he  fails  and  neg- 
lects to  do  so  he  is  culpable.  (U.  S.  v.  Baldridge,  11  Fed.  Rep.,  552.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  11 

thereafter,  it  shall  be  the  duty  of  the  person  upon  whom  said  powers 
and  duties  shall  deArolve  to  issue  a  proclamation  convening  Congress 
in  extraordinary  session,  giving  twenty  days'  notice  of  the  time  of 
meeting.  Sec.  1,  Act  of  Jan.  19, 1886  ($4  Stat.  1). 

6.  Same — Limitations. — The  preceding  section  shall  only  be  held 
to  describe  and  apply  to  such  officers  as  shall  have  been  appointed  by 
the  advice  and  consent  of  the  Senate  to  the  offices  therein  named, 
and  such  as  are  eligible  to  the  office  of  President  under  the  Constitu- 
tion, and  not  under  impeachment  by  the  House  of  Representatives  of 
the  United  States  at  the  time  the  powers  and  duties  of  the  office  shall 
devolve  upon  them  respectively.  Sec.  0,  id. 

Presumptions  as  to  official  acts. — TJie  acts  of  an  officer  to  whom  a  public 
duty  is  assigned,  within  the  sphere  of  that  duty,  are  prima  facie  within  his 
power.  (U.  S.  v.  Arredondo,  6  Pet.,  691;  U.  S.  v.  Clarke,  8  id.,  436,  452;  Perche- 
man  v.  U.  S.,  7  id.,  51 ;  Delassus  v.  U.  S.,  9  id.,  117,  134 ;  Strother  v.  Lucas,  12 
id.,  410,  438;  U.  S.  v.  Peralta,  19  How.,  343,  347.)  When  a  particular  function- 
ary is  clothed  with  the  duty  of  deciding  a  certain  question  of  fact,  his  decision, 
in  the  absence  of  fraud,  is  conclusive.  (Logan  v.  The  County,  16  Wall.,  6.) 
He  who  alleges  that  an  officer  intrusted  with  important  duty  has  violated  his 
instructions  must  show  it.  The  courts  ought  to  require  very  full  proof  that  an 
officer  has  transcended  his  powers  before  they  so  determine.  (U.  S.  v.  Peralta, 
19  How.,  343,  347;  Delassus  v.  U.  S.,  9  Pet.,  117,  134.)  When  a  public  officer 
is  to  do  any  act  on  proof  of  certain  facts,  of  the  competency  and  sufficiency  of 
which  he  is  to  judge,  it  is  to  be  presumed,  from  the  doing  of  the  act,  that  the 
proof  was  regularly  and  satisfactorily  made,  and  its  sufficiency  is  not  subject 
to  reexamination.  (Phil,  and  Tren.  R.  R.  Co.  v.  Stimpson,  14  Pet.,  448.) 

Tenure. — The  power  to  appoint  includes  the  power  to  remove,  when  the  Con- 
stitution has  not  otherwise  provided,  and  when  the  laws  of  Congress  have  not 
fixed  a  tenure  of  office.  ( Ex  parte  Hennen,  13  Pet.,  230 ;  Parsons  v.  U.  S.,  167 
U.  S.,  324;  U.  S.  v.  Avery,  Deady,  204.)  When  Congress,  by  law,  vests  th$ 
appointment  of  inferior  officers  in  the  heads  of  departments,  it  may  limit  and 
restrict  the  power  of  removal  as  it  deems  best  for  the  public  interests.  (U.  S. 
v.  Perkins,  116  U.  S.,  483.) 

Resignation. — That  a  public  office  may  be  vacated  by  resignation  is  estab- 
lished by  long  and  familiar  practice,  and  is  recognized  by  express  provision  of 
law.  Nor  can  there  be  any  doubt  that  a  resignation  may  be  effected  by  the  con- 
currence of  the  officer  and  the  appointing  power;  its  essential  elements  are  an 
intent  to  resign  on  the  one  side  and  an  acceptance  on  the  other.  It  may  be 
either  in  writing  or  by  parol,  expressly  or  by  implication.  To  perfect  a  resig* 
nation  nothing  more  is  necessary  than  that  the  proper  authority  manifest  in 
some  way  its  acceptance  of  the  offer  to  resign.  It  then  becomes  effectual,  and 
operates  to  relieve  the  incumbent  either  immediately  or  on  the  day  specially 
fixed  according  to  its  terms.  An  offer  to  resign  is  revocable  prior  to  accept- 
ance; after  acceptance  and  before  it  has  taken  effect  it  may  be  modified,  or 
withdrawn  by  consent  of  both  parties,  but  this  control  extends  no  further. 
When  a  resignation  once  takes  effect  the  official  relations  of  the  incumbent  are 
ipso  facto  dissolved;  he  has  no  longer  any  right  to,  or  hold  upon,  the  office. 
(XIV  Opin.  Att.  Gen.,  259.) 

Removal. — In  the  absence  of  all  constitutional  provision  or  statutory  regula- 
tion, it  would  seem  to  be  a  sound  and  necessary  rule  to  consider  the  power  of 
removal  as  incident  to  the  power  of  appointment.  (In  re  Hennen,  13  Pet.,  230, 
259.)  It  was  the  purpose  of  Congress,  in  the  repeal  of  the  tenure  of  office  sec- 
tions of  the  Revised  Statutes  (sees.  1767-1775,  Rev.  Stat.,  repealed  by  act  of 
Mar.  3,  1887,  24  Stat.,  500),  to  again  concede  to  the  President  the  power  of 
removal,  if  taken  from  him  by  the  original  tenure-of-office  act,  and,  by  reason 
of  the  repeal,  to  thereby  enable  him  to  remove  an  officer  when  in  his  discretion 
he  regards  it  for  the  public  good,  although  the  term  of  office  may  have  been 
limited  by  the  words  of  the  statute  creating  the  office.  (Parsons  v.  U.  S.,  167 
U.  S.,  324.  See,  also,  ninety-ninth  article  of  war,  sees.  1230,  1228,  Rev.  Stat., 
and  articles  36  and  37  of  articles  for  the  government  of  the  Navy ;  VI  Opin.  Att. 
Gen.,  4 ;  XII,  id.,  421  ;  XV,  id.,  421 ;  IV  Cmp.  Dec.,  58,  466,  601,  and  Blake  v. 
U.  S.,  103  U.  S.,  227.) 


12  MILITARY  LAWS   OF   THE  UNITED   STATES. 

7.  Treaties — Appointment  of  officers. — He  shall  have  power,  by 
and  with  the  advice  and  consent  of  the  Senate,  to  make  treaties,  pro- 
vided two-thirds  of  the  Senators  present  concur ;  and  he  shall  nomi- 
nate, and  by  and  with  the  advice  and  censent  of  the  Senate,  shall 
appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of 
the  Supreme  Court,  and  all  other  officers  of  the  United  States,  whose 
appointments  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law;  but  the  Congress  may  by  law  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper,  in  the 
President  alone,  in  the  courts  of  law,  or  in  the  heads  of  Depart- 
ments.1 Constitution,  Art.  //,  sec.  2,  par.  2. 

8.  Recess  appointments. — The  President  shall  have  power  to  fill  up 
all  vacancies  that  may  happen  during  the  recess  of  the  Senate,  by 
granting  commissions  which  shall  expire  at  the  end  of  their  next 
session.    Id.  par.  3. 

9.  Commissions. — The  President  is  authorized  to  make  out  and 
deliver,  after  the  adjournment  of  the  Senate,  commissions  for  all 
officers  whose  appointments  have  been  advised  and  consented  to  by 
the  Senate.2    Sec.  1773,  R.  S. 

10.  Notification  of  appointments. — Whenever  the  President,  with- 
out the  advice  and  consent  of  the  Senate,  designates,  authorizes,  or 
employs  any  person  to  perform  the  duties  of  any  office,  he  shall  forth- 
with notify  the  Secretary  of  the  Treasury  thereof,  and  the  Secretary 
of  the  Treasury  shall  thereupon  communicate  such  notice  to  all  the 
proper  accounting  and  disbursing  officers  of  his  Department.    Sec. 
1774,  R-  S. 

11.  Notification  of  rejections  and  confirmations. — The  Secretary  of 
the  Senate  shall,  at  the  close  of  each  session  thereof,  deliver  to  the 
Secretary  of  the  Treasury,  and  to  each  of  the  Assistant  Secretaries 

1  Public  office. — An  office  is  a  public  station,  or  employment,  conferred  by 
the   appointment   of   Government.     The   term    embraces   the    ideas   of   tenure, 
emolument,  and  duties.     *     *     *     The  duties  are  continuing  and  permanent, 
not  occasional  and  transitory,  and  are  denned  by  rules  prescribed  by  Govern- 
ment and  not  by  contract.     *     *     *     A  Government  office  is  different  from  a 
Government  contract.     The  latter,  from  its  nature,  is  necessarily  limited  in  its 
duration  and  specific  in  its  objects.     The  terms  agreed  upon  define  the  rights 
and  obligations  of  both  parties,  and  neither  may  depart  from  them  without  the 
assent  of  the  other.     (U.  S.  v.  Hartwell,  6  Wall.,  3S5,  394;  U.  S.  v.  Maurice,  2 
Brockenbrough,  103.)     A  public  officer  is  the  incumbent  of  an  office  "who  exer- 
cises continuously,  and  as  a  part  of  the  regular  and  permanent  administration 
of  the  Government,  its  public  powers,  trusts,  and  duties."     (Sheboygan  Co.  v. 
Parker,  3  Wall.,  93,  96.)     Unless  a  person  in  the  service  of  the  Government 
holds  his  place  by  virtue  of  an  appointment  by  the  President,  or  of  one  of  the 
courts  of  justice  or  heads  of  departments  authorized  by  law  to  make  such  an 
appointment,    he   is   not,    strictly   speaking,    an    officer   of   the   United    States. 
(U.  S.  v.  Mouat,  124  U.  S.,  303,  307;  U.  S.  'v.  Germaine,  99  U.   S.,  508,  510: 
TJ    S.  v.  Hendee,  124  U.  S.,  309;  U.  S.  v.  Smith,  124  U.  S.,  525.)     Noncommis- 
sioned officers  are  not  officers  in  the  sense  in  which  that  term  is  generally  used. 
(Babbitt  v.  U.  S.,  16  Ct.  Cls.,  202.) 

2  For  statutory  requirements  in  respect  to  commissions  to  military  officers  see 
chapter  entitled  Commissioned  officers. 


MILITARY   LAWS   OF    THE    UNITED   STATES.  13 

of  the  Treasury,  and  to  each  of  the  Auditors,  and  to  each  of  the 
Comptrollers  in  the  Treasury,  and  to  the  Treasurer,  and  to  the  Reg- 
ister of  the  Treasury,  a  full  and  complete  list,  duly  certified,  of  all 
the  persons  who  have  been  nominated  to  and  rejected  by  the  Senate 
during  such  session,  and  a  like  list  of  all  the  offices  to  which  nomi- 
nations have  been  made  and  not  confirmed  and  filled  at  such  session. 
Sec.  1775,  R.  S. 

12.  Details  of  clerks  to  Executive  Office.. — Employees  of  the  Execu- 
tive Departments  and  other  establishments  of  the  executive  branch 
of  the  Government  may  be  detailed  from  time  to  time  to  the  office 
of  the  President  of  the  United  States,  for  such  temporary  assistance 
as  may  be  necessary.  Act  of  June  88,  W07  (34  Stat.  401). 


CHAPTER  II. 


EXECUTIVE  DEPARTMENTS  IN  GENERAL. 


Par. 

Temporary  vacancies 13-18 

Temporary  head  of  department . .  13 

Temporary  chief  of  bureau 14 

Same — designation  by  President.  15 
Restriction    on    temporary    ap- 
pointments    16 

Same 17 

Same — extra   compensation   not 

allowed 18 

Departmental  regulations 19 

Chief  clerks — disbursing  clerks 20-24 

Duties  of  chief  clerks 20 

Same — monthly  reports 21 

Action  on  report 22 

Disbursing  clerks — appointments 

and  bonds 23 

Same — bond  to  cover  acts  of  dis- 
bursing clerks 24 

Clerks — appointment,  promotion,  re- 
duction, and  removal 25-42 

Authority  to  employ 25 

Same — appointment  of  women . .  26 

Same — restrictions 27 

Same — from  specific  appropria- 
tions only 28 

Details  for  duty  in  the  District  of 

Columbia 29 

Same 30 

Same 31 

Same — penalty 32 

Details  from  Government  Print- 
ing Office 33 

Details  within  a  department 34 

Transfers — lump-sum  appropria- 
tions    35 

Transfers  between  departments.  36 

Voluntary  service 37 

Civil  pension  roll 38 

Payments  to  incapacitated  per- 
sons   39 

Efficiency    ratings — promotions, 

reductions  or  removals...         ,  40 


Par. 


Clerks— Continued . 

Retention  of  discharged  soldiers, 

sailors,  etc 41 

Removal  on  charges 42 

^Classification — salaries  and  extra  com- 
pensation   43-47 

Four  classes  of  clerks 43 

Salaries 44 

Same — temporary  clerks 45 

Compensation  for  extra  services.  45 
Same — for   performing   duty    of 

another 47 

Hours  of  labor 48-49 

Not  less  than  seven  hours — ex- 
tension   48 

Extension  if  work  is  in  arrears. .  49 

Leaves  of  absence 50-52 

Annual  and  sick 50 

Same 51 

Same — Sundays  and  holidays ...  52 

Legal  holidays 53-56 

Holidays  in  District  of  Columbia .  53 
Holidays    with    pay — per   diem 

employees 54 

Same — Decoration  Day 55 

Same — Labor  Day 56 

Administration  of  oaths 57-65 

Oaths    of    office — without   com- 
pensation    57 

Same 58 

O  a th  o f  o  flic  e 59 

Same 60 

Same 61 

Who  may  administer  oath 62 

Administration  of  oaths 63 

Oaths  in  investigation 64 

Oaths  to  travel  accounts 65 

Compensation  for  injuries 66-72 

Pay  during  disability — limit 66 

In  case  of  death,  payable  to  wid- 
ow, etc 67 

Evidence  by  beneficiaries 68 

15 


16 


MILITARY   LAWS   OF   THE   UNITED   STATES. 


Par. 

Compensation  for  injuries — Contd. 
Not  payable  to  assignees  or  cred- 
itors      69 

Medical  examination 70 

Reports  regarding  accidents 71 

Contract  for  exemption  invalid . .     72 

Contingent  funds 73-80 

Purchases  from  contingent  fund.     73 
Use  for  official  and  clerical  com- 
pensation      74 

Apportionment     of     contingent 

funds 75 

Expenditure  for  newspapers 76 

Same 77 

Law  books,  books  of  reference, 

etc 78 

Annual  report  of  expenditures . .     79 

Same 80 

Expenditures  expressly  forbidden.  81-85 

Membership  fees,  etc 81 

Carriages  or  other  vehicles 82 

Telephone  service 83 

Transportation  of  remains  of  de- 
ceased employees 84 

Distribution  of  publications 85 

Estimates 86-103 

Annual  estimates — book  of  esti- 
mates      86 

Same — date  of  submission 87 

Statement    of    outstanding    ap- 
propriations      88 

Explanation    of   variation   from 

current  appropriations 89 

Order  and  arrangement 90 

Special  or  additional  estimates. .     91 

Estimates  for  deficiencies 92 

Manner  of  preparing 93 

Printing  and  binding 94 

Salaries 95 

Lump-sum  appropriation  « 96 

Public  works 97 

River  and  harbor  works 98 

Statement  of  rented  buildings. . .     99 
Statement  of  proceeds  of  sales. . .  100 

Same,  and  other  receipts ]01 

Report  on  condition  of  business.  102 
Report  of  inefficient  employees . .  103 

Annual  reports 104-107 

Time  of  making 104 

Clerks  employed 105 

When  furnished  printer 106 

Exclusion  of  certain  matters 107 


Par. 

Other  reports 108-]  10 

Condition  of  business 108 

Inventories  of  property 109 

Penalty  for  failure  to  make 110 

The  official  register Ill 

Printing  and  binding 112-117 

Blank  books  and  forms 112 

Books  and  documents — restric- 
tions   113 

Appropriations  chargeable 114 

Same 115 

Illustrations 116 

Number  of  copies — two  or  more 

editions 117 

Miscellaneous  provisions 118-128 

Rented  buildings  in  District  of 

Columbia 118 

Future  leases  in  District  of  Co- 
lumbia    119 

Same — renting  other  buildings . .  120 

Recording  clocks  prohibited 121 

Draping  public  buildings 122 

Closing  departments  on  death  of 

ex  official 123 

Books,  etc.,  of  disbursing  officers 
accessible  to  accounting  of- 
ficers   124 

Department  libraries  deposito- 
ries of  public  documents 125 

Postage  stamps  for  official  use. . .  126 
Telegraph     connecting     Capitol 

and  executive  departments 127 

Same — restrictions 128 

Destruction,  forgery,  etc.,  of  public 

records 129-131 

Destroying,  etc.,  public  records.   129 

Same — by  custodian 130 

Forging,  etc.,  public  records 131 

Disposition  of  useless  papers 132-133 

Report  to  Congress — sale 132 

Same 133 

Claims,    consideration  of — evi- 
dence   134-140 

Subpoenas — depositions 134 

Witness  fees 135 

Compelling  testimony 136 

Professional  assistance 137 

Prosecution    of    claims    by    ex 

employees 138 

Evidence  furnished  to  Court  of 

Claims 139 

Employment  of  legal  services. . .  140 


MILITARY    LAWS    OF    THE    UNITED   STATES.  17 

13.  Temporary  head  of  department. — In  case  of  the  death,  resigna- 
tion, absence,  or  sickness  of  the  head  of  any  Department,  the  first  or 
sole  assistant  thereof  shall,  unless  otherwise  directed  by  the  Presi- 
dent, as  provided  by  section  one  hundred  and  seventy-nine,1  perform 
the  duties  of  such  head  until  a  successor  is  appointed,  or  such  ab- 
sence or  sickness  shall  cease.    Sec.  177,  R.  S. 

14.  Temporary  chief  of  bureau. — In  case  of  the  death,  resignation, 
absence,  or  sickness  of  the  chief  of  any  Bureau,  or  of  any  officer 
thereof,  whose  appointment  is  not  vested  in  the  head  of  the  Depart- 
ment, the  assistant  or  deputy  of  such  chief2  or  of  such  officer,  or  if 
there  be  none,  then  the  chief  clerk  of  such  Bureau,  shall,  unless  other- 
wise directed  by  the  President,  as  provided  by  section  one  hundred 
and  seventy-nine,  perform  the  duties  of  such  chief  or  of  such  officer 
until  a  successor  is  appointed  or  such  absence  or  sickness  shall  cease. 
Sec.  178,  R.  S. 

15.  Same — Designation  ~by  President. — In  any  of  the  cases  men- 
tioned in  the  two  preceding  sections,  except  the  death,  resignation, 
absence,  or  sickness  of  the  Attorney- General,  the  President  may,  in 
his  discretion,  authorize  and  direct  the  head  of  any  other  Depart- 
ment or  any  other  officer  in  either  Department  whose  appointment  is 
vested  in  the  President,  by  and  with  the  advice  and  consent  of  the 
Seriate,  to  perform  the  duties  of  the  vacant  office  until  a  successor 
is  appointed,  or  the  sickness  or  absence  of  the  incumbent  shall  cease.8 
Sec.  179,  R.  S. 

16.  Restriction    on    temporary    appointments. — A    vacancy    occa- 
sioned by  death  or  resignation  must  not  be  temporarily  filled  under 
the  three  preceding  sections  for  a  longer  period  than  thirty  days. 
Sec.  180,  R.  S.,  as  amended  ly  Act  of  Feb.  6, 1891  (26  Stat.  733}. 

17.  Same. — No   temporar}^   appointment,   designation,   or   assign- 
ment of  one  officer  to  perform  the  duties  of  another,  in  the  cases  cov- 
ered by  sections  one  hundred  and  seventy-seven  and  one  hundred 
and  seventy-eight,4  shall  be  made  otherwise  than  as  provided  by  those 
sections,  except  to  fill  a  vacancy  happening  during  a  recess  of  the 
Senate.    Sec.  181,  R.  S. 

18.  Same — Extra  compensation  not  allowed. — An  officer  perform- 
ing the  duties  of  another  office,  during  a  vacancy,  as  authorized  by 
sections  one  hundred  and  seventy-seven,  one  hundred  and  seventy- 
eight  [Rev.  Stat.],  and  one  hundred  and  seventy-nine  [id.],  is  not 
by   reason  thereof  entitled  to   an}7   other   compensation   than  that 
attached  to  his  proper  office.    Sec.  182,  R.  S. 

1  Section  179,  Revised  Statutes,  paragraph  15,  post. 

2  See  XIX  Opin.  Att.  Gen.,  503. 

8  Sections  177  and  178,  Revised  Statutes,  paragraphs  13  and  14,  ante.  The 
vacancy  occasioned  by  the  retirement  of  the  head  of  a  staff  department  may 
be  temporarily  filled  by  an  ad  interim  appointment,  under  the  authority  con- 
ferred by  section  179,  Revised  Statutes.  (XIX  Opin.  Att.  Gen.,  500.) 

*  Sections  177  and  178,  Revised  Statutes,  paragraphs  13  and  14,  ante. 

48985°— 15 2 


18  MILITARY    LAWS    OF    THE    UNITED   STATES. 

19.  Departmental  regulations. — The  head  of  each  Department  is 
authorized  to  prescribe  regulations,  not  inconsistent  with  law,  for 
the  government  of  his  Department,  the  conduct  of  its  officers  and 
clerks,  the  distribution  and  performance  of  its  business,  and  the 
custody,  use,  and  preservation  of  the  records,  papers,  and  property 
appertaining  to  it.1    Sec.  161,  R.  S. 

20.  Duties  of  chief  clerks. — Each  chief  clerk  in  the  several  Depart- 
ments, and  Bureaus,  and  other  offices  connected  with  the  Depart- 
ments, shall  supervise,  under  the  direction  of  his  immediate  superior, 
the  duties  of  the  other  clerks  therein,  and  see  that  they  are  faithfully 
performed.    Sec.  173,  R.  8. 

21.  Same — Monthly  reports. — Each   chief   clerk   shall   take  -care, 
from  time  to  time,  that  the  duties  of  the  other  clerks  are  distributed 
with  equality  and  uniformity,  according  to  the  nature  of  the  case. 

1Tlie  President  speaks  and  acts  through  the  heads  of  the  several  Executive 
Departments  in  relation  to  subjects  which  appertain  to  their  respective  duties. 
(Wilcox  v.  Jackson,  13  Pet.,  498,  513;  Wolsey  v.  Chapman,  101  U.  S.,  755.)  It 
is  the  general  theory  of  departmental  administration  that  the  heads  of  the 
Executive  Departments  are  the  executors  of  the  will  of  the  President.  (X 
Opin.  Att.  Gen.,  527.)  As  a  general  rule  the  direction  of  the  President  is  to  be 
presumed  in  all  instructions  and  orders  issuing  from  the  competent  Depart- 
ment. (VII  id.,  453.)  Official  instructions  issued  by  the  heads  of  the  several 
Executive  Departments,  civil  and  military,  within  their  respective  jurisdic- 
tions, are  valid  and  lawful,  without  containing  express  reference  to  the  direc- 
tion of  the  President.  (VII  id.,  453.)  The  duties  of  the  heads  of  the  several 
Executive  Departments  are  derived,  in  part,  from  the  Constitution,  and  are, 
in  part,  imposed  by  statute.  In  the  execution  of  the  former  they  act  as  the 
representatives  of  the  President,  to  whom  they  are  responsible  for  their  correct 
performance.  For  duties  imposed  by  statute  their  responsibility  is  to  the  legis- 
lature, and  they  are  controlled  in  all  matters  relating  to  performance  by  such 
statutory  rules  and  regulations  as  Congress  may  see  fit  to  impose.  (See  Mar- 
bury  v.  Madison,  1  Cr.,  137,  and  par.  1,  note  1.) 

The  executive  power  is  vested  in  a  President,  and  so  far  as  his  powers  are 
derived  from  the  Constitution  he  is  beyond  the  reach  of  any  other  Department, 
except  in  the  mode  prescribed  by  the  Constitution  through  the  impeaching 
power,  but  it  by  no  means  follows  that  every  officer  in  every  branch  of  that 
Department  is  under  the  exclusive  direction  of  the  President.  *  *  *  There 
are  certain  political  duties  imposed  upon  many  officers  in  the  Executive  Depart- 
ment the  discharge  of  which  is  under  the  direction  of  the  President,  but  it 
would  be  an  alarming  doctrine  that  Congress  can  not  impose  upon  any  execu- 
tive officer  any  duty  they  may  think  proper,  which  is  not  repugnant  to  any 
rights  secured  and  protected  by  the  Constitution,  and  in  such  cases  the  duty 
and  responsibility  grow  out  of  and  are  subject  to  the  control  of  the  law  and 
not  to  the  direction  of  the  President,  and  this  is  emphatically  the  case  where 
the  duty  is  of  a  ministerial  character.  (Kendall  v.  U.  S.,  12  Pet.,  524,  610. 
See,  also,  the  title  Army  Regulations  in  the  chapter  entitled  The  Revised 
Statutes;  The  Statutes  at  Large;  The  Army  Regulations.) 

Ministerial  and  discretionary  duties. — The  duties  performed  by  the  heads 
of  the  several  Executive  Departments  are  either  ministerial  or  discretionary 
or  quasi  judicial  in  character.  "  The  question  whether  the  legality  of  an  act 
of  the  head  of  a  Department  be  examinable  in  a  court  of  justice  or  not  must 
always  depend  on  the  nature  of  the  act.  By  the  Constitution  of  the  United 
States  the  President  is  invested  with  certain  important  political  powers  in 
the  exercise  of  which  he  is  to  use  his  own  discretion,  and  is  accountable  only 
to  his  country  in  his  political  character  and  to  his  own  conscience.  To  aid  him 
in  the  performance  of  these  duties  he  is  authorized  to  appoint  certain  officers, 
who  act  by  his  authority  and  in  conformity  to  his  orders.  In  such  cases  their 
acts  are  his  acts,  and  whatever  opinion  may  be  entertained  of  the  manner 


MILITARY   LAWS   OF    THE   UNITED   STATES.  19 

He  shall  revise  such  distribution  from  time  to  time,  for  the  purpose 
of  correcting  any  tendency  to  undue  accumulation  or  reduction  of 
duties,  whether  arising  from  individual  negligence  or  incapacity, 
or  from  increase  or  diminution  of  particular  kinds  of  business.  And 
he  shall  report  monthly  to  his  superior  officer  any  existing  defect 
that  he  may  be  aware  of  in  the  arrangement  or  dispatch  of  business. 
Sec.  174,  R.  S. 

22.  Action  on  report. — Each  head  of  a  Department,  chief  of  a 
Bureau,  or  other  superior  officer,  shall,  upon  receiving  each  monthly 
report  of  his  chief  clerk,  rendered  pursuant  to  the  preceding  sec- 
tion, examine  the  facts  stated  therein,  and  take  such  measures,  in 
the  exercise  of  the  powers  conferred  upon  him  by  law,  as  may  be 
necessary  and  proper  to  amend  any  existing  defects  in  the  arrange- 
ment or  dispatch  of  business  disclosed  by  such  report.  Sec.  175, 
R.S. 

in  which  Executive  discretion  may  be  used,  still  there  exists  and  can  exist  no 
power  to  control  their  discretion.  The  subjects  are  political.  They  respect  the 
nation,  not  individual  rights,  and  being  intrusted  to  the  Executive,  the  decision 
of  the  Executive  is  conclusive.  *  *  *  The  conclusion  is  that  where  the 
heads  of  Departments  are  the  political  or  confidential  agents  of  the  Executive, 
merely  to  execute  the  will  of  the  President,  nothing  can  be  more  perfectly 
clear  than  that  their  acts  are  only  politically  examinable.  (Marbury  v.  Madi- 
son, 1  t!r.,  137,  166 ;  Kendall  v.  U.  S.,  12  Pet,  524,  611 ;  Decatur  v.  Paulding, 
14  Pet,  497,  515.)  We  are  not  aware  of  any  case  in  England  or  this  country 
in  which  it  has  been  held  that  a  public  officer,  acting  to  the  best  of  his  judg- 
ment and  from  a  sense  of  duty,  in  a  matter  of  account  with  an  individual, 
has  been  held  liable  for  an  error  of  judgment  *  *  *  A  public  officer 
is  not  liable  to  an  action  if  he  falls  into  error  in  a  case  where  the  act  to  be  done 
is  not  merely  a  ministerial  one  but  is  one  in  relation  to  which  it  is  his  duty 
to  exercise  judgment  and  discretion,  even  though  an  individual  may  suffer  by 
his  mistake.  A  contrary  principle  would  indeed  be  pregnant  with  the  greatest 
mischiefs.  (Kendall  v.  Stokes,  3  How.,  87,  98;  Gould  v.  Hammond,  1  McAll., 
235,  243;  Noble  v.  Union  River  Logging  Co.,  147  U.  S.,  165,  171.) 

A  ministerial  duty  the  performance  of  which  may  in  proper  cases  be  required 
of  the  head  of  a  Department  by  judicial  process  is  one  in  respect  to  which 
nothing  is  left  to  discretion.  It  is  a  simple,  definite  duty,  arising  under  con- 
ditions admitted  or  proved  to  exist  and  imposed  by  law.  (Mississippi  v. 
Johnson,  4  Wall.,  475,  498;  Marbury  v.  Madison,  1  Cr.,  137;  Kendall  v.  Stock- 
ton, 12  Pet.,  524.)  As  a  mandamus  can  only  be  granted  because  there  is  no 
other  adequate  remedy  at  law,  an  action  for  damages  can  not  be  afterwards 
sustained  for  the  same  cause  of  action,  the  two  being  inconsistent.  (Kendall  v. 
Stokes,  3  How.,  87,  102.) 

Liability  for  damages. — The  executive  officers  of  the  United  States  are  per- 
sonally liable  at  law  for  damages,  in  the  ordinary  forms  of  action,  for  illegal 
official  or  ministerial  acts  or  omissions  to  the  injury  of  an  individual.  (Mar- 
bury  v.  Madison,  1  Cr.,  137,  166;  Gaines  v.  Thompson,  7  Wall.,  347;  Amy  v. 
The  Supervisors,  11  Wall.,  136,  137,  166.)  Where  a  ministerial  officer  acts  in 
good  faith  he  is  not  liable  in  exemplary  damages  for  an  injury  done,  but  he 
can  claim  no  further  exemption  -.vhere  his  acts  are  clearly  against  the  law. 
(Tracy  v.  Swartwout,  10  Pet.,  SO.) 

Measure  of  damages. — Where  the  law  requires  absolutely  a  ministerial  act 
to  be  done  by  a  public  officer,  and  he  neglects  or  refuses  to  do  such  act,  he  may 
be  compelled  to  respond  in  damages  to  the  extent  of  the  injury  arising  from 
his  conduct  A  mistake  as  to  his  duty  and  honest  intentions  will  not  excuse 
the  offender.  (Amy  v.  The  Supervisors,  11  Wall.,  136.)  Where  an  action  is 
brought  for  an  injury  done  in  the  discharge  of  an  official  duty,  the  damages 
are  measured  generally  by  the  extent  of  that  injury.  (Bisphain  v.  Taylor,  2 
McLean,  408;  Pierce  v.  Strickland,  2  Story,  292.) 


20  MILITARY  LAWS   OF   THE   UNITED   STATES. 

23.  Disbursing  clerks — Appointments  and  bonds. — The  disbursing 
clerks  authorized  by  law  in  the  several  Departments  shall  be  ap- 
pointed by  the  heads  of  the  respective  Departments,  from  clerks  of 
the  fourth  class ;  and  shall  each  give  a  bond  to  the  United  States  for 
the  faithful  discharge  of  the  duties  of  his  office  according  to  law  in 
such  amount  as  shall  be  directed  by  the  Secretary  of  the  Treasury, 
and  with  sureties  to  the  satisfaction  of  the  Solicitor  of  the  Treasury ; 
and  shall  from  time  to  time  renew,  strengthen,  and  increase  his 
official  bond,  as  the  Secretary  of  the  Treasury  may  direct.     Each 
disbursing  clerk,  except  the  disbursing  clerk  of  the  Treasury  De- 
partment, must,  when  directed  so  to  do  by  the  head  of  the  Depart- 
ment, superintend  the  building  occupied  by  his  Department.    Each 
disbursing  clerk  is  entitled  to  receive,  in  compensation  for  his  services 
in  disbursing,  such  sum  in  addition  to  his  salary  as  a  clerk  of  the 
fourth  class  as  shall  make  his  whole  annual  compensation  two  thou- 
sand dollars  a  year.    Sec.  176,  R.  S. 

24.  Same — Bond  to  cover  acts  of  disbursing  clerks. — In  case  of  the 
sickness  or  unavoidable   absence  of   any  disbursing  clerk  or   dis- 
bursing agent  of  any  executive  department,  independent  bureau,  or 
office,  in  Washington,  District  of  Columbia,  he  may,  with  the  ap- 
proval of  the  head  of  the  department,  independent  bureau,  or- office, 
in  which  said  disbursing  clerk  or  agent  is  employed,  authorize  the 
clerk  of  highest  grade  employed  therein  to  act  in  his  place,  and  to 
discharge  all  the  duties  by  law  or  regulations  of  such  disbursing 
clerk  or  agent.     The  official  bond  given  by  the  principal  of  the 
office  shall  be  held  to  cover  and  apply  to  the  acts  of  the  person 
appointed  to  act  in  his  place  in  such  cases.    Such  acting  officer  shall, 
moreover,  for  the  time  being,  be  subject  to  all  the  liabilities  and 
penalties  prescribed  by  law  for  the  official  misconduct  in  like  cases, 
of  the  disbursing  clerk  or  disbursing  agent,  respectively,  for  whom 
he  acts,  and  such  acting  officer  shall  be  required  by  the  head  of  the 
department,  independent  bureau,  or  office,  to  give  bond  to  and  in 
such  sum  as  the  disbursing  clerk  or  disbursing  agent  may  require. 
Sec.  8,  Act  of  Mar.  4,  1909  (35  Stat.  1027). 

25.  Authority  to  employ. — Each  head  of  a  Department  is  author- 
ized to  employ  in  his  Department  such  number  of  clerks  of  the 
several  classes  recognized  by  law,  and  such  messengers,   assistant 
messengers,  copyists,  watchmen,  laborers,  and  other  employees,  and 
at  such  rates  of  compensation,  respectively,  as  may  be  appropriated 
for  by  Congress  from  year  to  year.    Sec.  169,  R.  S.,  Act  of  Mar.  3, 
1875  (18  Stat.  360,361). 

26.  Same — Appointment  of  women. — Women  may,  in  the  discre- 
tion of  the  head  of  any  Department,  be  appointed  to  any  of  the 
clerkships  therein  authorized  by  law,  upon  the  same  requisites  and 


MILJTAKY   LAWS  OF   THE   UNITED  STATES.  21 

conditions,  and  with  the  same  compensations,  as  are  prescribed  for 
men.    Sec.  165  R.  S. 

27.  Same — Restrictions. — The  executive  officers  of  the  Government 
are  hereby  prohibited  from  employing  any  clerk,  agent,  engineer, 
draughtsman,  messenger,  watchman,  laborer,  or  other  employee,  in 
any  of  the  Executive  Departments  in  the  city  of  Washington,  or 
elsewhere  beyond  provision  made  by  law.     Sec.  5,  act  of  Aug.  15, 
}876  (19  Stat.  169). 

28.  Same — From  specific   appropriations   only. — No   civil   officer, 
clerk,   draughtsman,   copyist,   messenger,   assistant  messenger,   me- 
chanic, watchman,  laborer,  or  other  employee  shall,  after  the  first 
day  of  October  next,  be  employed  in  any  of  the  Executive  Depart- 
ments, or  subordinate  bureaus  or  dffices  thereof  at  the  seat  of  Gov- 
ernment, except  only  at  such  rates  and  in  such  numbers,  respec- 
tively, as  may  be  specifically  appropriated  for  by  Congress  for  such 
clerical  and  other  personal  services  for  each  fiscal  year ;  and  no  civil 
officer,  clerk,  draughtsman,  copyist,  messenger,  assistant  messenger, 
mechanic,  watchman,  laborer,  or  other  employee  shall  hereafter  be 
employed  at  the  seat  of  Government  in  any  Executive  Department 
or  subordinate  bureau  or  office  thereof  or  be  paid  from  any  appro- 
priation made  for  contingent  expenses,  or  for  any  specific  or  general 
purpose,  unless  such  employment  is  authorized  and  payment  there- 
for specifically  provided  in  the  law  granting  the  appropriation,  and 
then  only  for  services  actually  rendered  in  connection  with  and  for 
the  purposes  of  the  appropriation  from  which  payment  is  made,  and 
at  the  rate  of  compensation  usual  and  proper  for  such  services.    Sec. 
4,  Act  of  Aug.  5, 1882  (22  Stat.  255). 

29.  Details  for  duty  in  the  District  of  Columbia. — After  the  first 
day  of  October  next  section  one  hundred  and  seventy-two  of  the 
Revised  Statutes,  and  all  other  laws  and  parts  of  laws  inconsistent 
with  the  provisions  of  this  act,  and  all  laws  and  parts  of  laws  au- 
thorizing the  employment  of  officers,  clerks,  draughtsmen,  copyists, 
messengers,  assistant  messengers,  mechanics,  watchmen,  laborers,  or 
other  employees  at  a  different  rate  of  pay  or  in  excess  of  the  num- 
bers authorized  by  appropriations  made  by  Congress,  be,  and  they 
are  hereby,  repealed;   and  thereafter   all   details  of   civil   officers, 
clerks,  or  other  subordinate  employees  from  places  outside  of  the 
District  of  Columbia  for  duty  within  the  District  of  Columbia, 
except  temporary  details  for  duty  connected  with  their  respective 
offices,,  be,  and  are  hereby,  prohibited;   and  thereafter  all  moneys 
accruing  from  lapsed  salaries,  or  from  unused  appropriations  for 
salaries,  shall  be  covered  into  the  Treasury.    Sec.  4,  Act  of  Aug.  5, 
1882  (22  Stat.  255). 

30.  Same. — Hereafter  it  shall  be  unlawful  to  detail  civil  officers, 
clerks,  or  other  subordinate  employees  who  are  authorized  or  em- 


22  MILITARY   LAWS   OF   THE   UNITED   STATES. 

ployed  under  or  paid  from  appropriations  made  for  the  military  or 
naval  establishments,  or  any  other  branch  of  the  public  service  put- 
side  of  the  District  of  Columbia,  except  those  officers  and  employees 
whose  details  are  now  especially  provided  by  law,  for  duty  in  any 
bureau,  office,  or  other  division  of  any  Executive  Department  in  the 
District  of  Columbia,  except  temporary  details  for  duty  connected 
with  their  respective  offices.  Sec.  6,  Act  of  June  82,  1906  (34  Stat. 

W). 

31.  Same. — No  clerk,  messenger,   or  laborer  at   headquarters   of 
divisions,  departments,  posts  commanded  by  general  officers,  or  office 
of  the  Chief  of  Staff  shall  be  assigned  to  duty  with  any  bureau  in 
the  War  Department.    Act  of  Aug.  24,  1912  (37  Stat.  573). 

32.  Same — Penalty. — That  any  person  violating  section  four  of  the 
legislative,  executive,  and  judicial  appropriation  Act  approved  Au- 
gust fifth,  eighteen  hundred   and  eighty-two    (Statutes  at  Large, 
volume  twenty-two,  page  two  hundred  and  fifty-five) ,  shall  be  sum- 
marily removed  from  office,  and  may  also  upon  conviction  thereof 
be  punished  by  a  fine  of  not  more  than  one  thousand  dollars  or  by 
imprisonment  "for  not  more  than  one  year.    Sec.  5,  Act  of  Aug.  23. 
1912  (37  Stat.  4U). 

33.  Details  from  Government  Printing  Office. — Hereafter  no  em- 
ployee of  the  Government  Printing  Office  shall  be  detailed  to  duties 
not  pertaining  to  the  work  of  public  printing  and  binding  in  any 
executive  department  or  other  government  establishment  unless  ex- 
pressly authorized  by  law.    Sec.  1,  Act  of  June  25,  1910  (36  Stat. 
770). 

34.  Details  within  a  Department. — Each  head  of  a  Department 
may,  from  time  to  time,  alter  the  distribution  among  the  various 
bureaus  and  offices  of  his  Department,  of  the  clerks  and  other  em- 
ployees allowed  by  law,  except  such  clerks  or  employees  as  may  be 
required  by  law  to  be  exclusively  engaged  upon  some  specific  work, 
as  he  may  find  it  necessary  and  proper  to  do,  but  all  details  hereunder 
shall  be  made  by  written  order  of  the  head  of  the  Department,  and 
in  no  case  be  for  a  period  of  time  exceeding  one  hundred  and  twenty 
days:  Provided,  That  details  so  made  may,  on  expiration,  be  re- 
newed from  time  to  time  by  written  order  of  the  head  of  the  De- 
partment, in  each  particular  case,  for  periods  of  not  exceeding  one 
hundred  and  twenty  days.    All  details  heretofore  made  are  hereby 
revoked,  but  may  be  renewed  as  provided  herein.    Sec.  166,  R.  S.,  as 
amended  ly  Sec.  3,  Act  of  May  28, 1896  (29  Stat.  179). 

35.  Transfers — Lump  sum  appropriations. — No  part  of  any  money 
contained  herein  or  hereafter  appropriated  in  lump  sum  shall  be 
available  for  the  payment  of  personal  services  at  a  rate  of  compen- 
sation in  excess  of  that  paid  for  the  same  or  similar  services  during 
the  fiscal  year  nineteen  hundred  and  twelve;  nor  shall  any  person 


MILITARY   LAWS   OF   THE   UNITED   STATES.  23 

employed  at  a  specific  salary  be  hereafter  transferred  and  hereafter 
paid  from  a  lump-sum  appropriation  a  rate  of  compensation  greater 
than  such  specific  salary,  and  the  heads  of  departments  shall  cause 
this  provision  to  be  enforced.  Sec.  4,  Act  of  Mar.  4,  1913  (37  Stat. 
790). 

36.  Transfers  between  departments.  —  It  shall  not  be  lawful  here- 
after for  any  clerk  or  other  employee  in  the  classified  service  in  any 
of  the  Executive  Departments  to  be  transferred  from  one  Depart- 
ment to  another  Department  until  such  clerk  or  other  employee  shall 
have  served  for  a  term  of  three  years  in  the  Department  from  which 
he  desires  to  be  transferred.  Sec.  5,  Act  of  June  %%,  1906  (34  Stat. 


37.  Voluntary  service.  —  Nor  shail  any  Department  or  any  officer 
of    the    Government    accept     voluntary    service    for    the    Govern- 
ment or  employ  personal  service  in  excess  of  that  authorized  by  law, 
except  in  cases  of  sudden  emergency  involving  the  loss  of  human 
life  or  the  destruction  of  property.    Act  of  Feb.  27,  1906  (34  Stat.  49). 

38.  Civil  pension  roll.  —  The  establishment  of  a  civil  pension  roll, 
or  an  honorable  service  roll,  or  the  exemption  of  any  of  the  officers, 
clerks,  and  persons  in  the  public  service  from  the  existing  laws 
respecting  employment  in  such  service  is  hereby  prohibited.    Sec.  4i 
Act  of  Feb.  24,  1899  (30  Stat.  890). 

[Section  2  of  the  act  of  June  2,  1900   (31  Stat.  261),  contained  a  similar 
requirement.] 

39.  Payments  to  incapacitated  persons.  —  The  appropriations  herein 
made  for  the  officers,  clerks,  and  persons  employed  in  the  public 
service  shall  not  be  available  for  the  compensation  of  any  persons 
incapacitated  otherwise  than  temporarily  for  performing  such  serv- 
ice.1   Sec.  3,  Act  of  Mar.  4,  1913  (37  Stat.  790}. 

40.  Efficiency  ratings  —  Promotions,  reductions,  or  removals.  —  The 
Civil   Service   Commission   shall,   subject  to   the  .approval   of   the 
President,  establish  a  system  of  efficiency  ratings  for  the  classified 
service  in  the  several  executive  departments  in  the  District  of  Colum- 
bia based  upon  records  kept  in  each  department  and  independent 
establishment  with  such  frequency  as  to  make  them  as  nearly  as 
possible  records  of  fact.     Such  system  shall  provide  a  minimum 
rating  of  efficiency  which  must  be  attained  by  an  employee  before 
he  may  be  promoted;  it  shall  also  provide  a  rating  below  which  no 
employee  may  fall  without  being  demoted;  it  shall  further  provide 
for  a  rating  below  which  no  employee  may  fall  without  being  dis- 
missed for  inefficiency.     All  promotions,  demotions,  or  dismissals 
shall  be  governed  by  provisions  of  the  civil  service  rules.    Copies  of 

1  This  provision  will  be  found  in  all  of  the  recent  appropriation  acts  for  the 
legislative,  executive,  and  judicial  expenses  of  the  Government. 


24  MILITARY   LAWS   OF    THE   UNITED   STATES. 

all  records  of  efficiency  shall  be  furnished  by  the  departments  and 
independent  establishments  to  the  Civil  Service  Commission  for 
record  in  accordance  with  the  provisions  of  this  section:  Provided, 
That  in  the  event  of  reductions  being  made  in  the  force  in  any  of  the 
executive  departments  no  honorably  discharged  soldier  or  sailor 
whose  record  in  said  department  is  rated  good  shall  be  discharged  or 
dropped,  or  reduced  in  rank  or  salary. 

Any  person  knowingly  violating  the  provisions  of  this  section  shall 
be  summarily  removed  from  office,  and  may  also  upon  conviction 
thereof  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars 
or  by  imprisonment  for  not  more  than  one  year:  Provided,  That 
in  the  event  of  reductions  being  made  in  the  force  in  any  of  the 
executive  departments  no  honorably  discharged  soldier  or  sailor 
whose  record  in  said  department  is  rated  good  shall  be  discharged  or 
dropped,  or  reduced  in  rank  or  salary.  (Sec.  4,  Act  of  Aug.  23, 1912 
(37  Stat.  413). 

41.  Retention  of  discharged  soldiers,  sailors,  etc. — In  making  any 
reduction  of  force  in  any  of  the  Executive  Departments,  the  head  of 
such  Department  shall  retain  those  persons  who  may  be  equally 
qualified  who  have  been  honorably  discharged  from  the  military  or 
naval  service  of  the  United  States,1  and  the  widows  and  orphans  of 
deceased  soldiers  and  sailors.    Sec.  3,  Act  of  Aug.  15,  1876  (19  Stat. 
169). 

42.  Removal  on  charges. — That  no  person  in  the  classified  civil 
service  of  the  United  States  shall  be  removed  therefrom  except  for 
such  cause  as  will  promote  the  efficiency  of  said  service  and  for 
reasons  given  in  writing,  and  the  person  whose  removal  is  sought 
shall  have  notice  of  the  same  and  of  any  charges  preferred  against 
him,  and  be  furnished  with  a  copy  thereof,  and  also  be  allowed  a 
reasonable  time  for  personally  answering  the  same  in  writing;  and 
affidavits  in  support  thereof;  but  no  examination  of  witnesses  nor 
any  trial  or  hearing  shall  be  required  except  in  the  discretion  of  the 
officer  making  the  removal ;  and  copies  of  charges,  notice  of  hearing, 
answer,  reasons  for  removal,  and  of  the  order  of  removal  shall  be 
made  a  part  of  the  records  of  the  proper  department  or  office,  as 
shall  also  the  reasons  for  reduction  in  rank  or  compensation;  and 
copies  of  the  same  shall  be  furnished  to  the  person  affected  upon 
request,  and  the  Civil  Service  Commission  also  shall,  upon  request, 
be  furnished  copies  of  the  same:  Provided,  however,  That  member- 
ship in  any  society,  association,  club,  or  other  form  of  organization 
of  postal  employees  not  affiliated  with  any  outside  organization  im- 
posing an  obligation  or  duty  upon  them  to  engage  in  any  strike,  or 

1  To  entitle  an  honorably  discharged  soldier  to  retention  in  the  civil  service 
in  preference  to  a  civilian,  he  must  be  equally  qualified  (sec.  3,  act  of  Aug. 
15,  1876,  19  Stat.  169),  which  must  be  determined  by  the  head  of  the  Depart- 
ment (Keim  v.  U.  S.,  33  Ct.  Cls.,  174.  But  see  par.  40  ante.) 


MILITARY   LAWS   OF    THE   UNITED   STATES.  25 

proposing  to  assist  them  in  any  strike,  against  the  United  States, 
having  for  its  objects,  among  other  things,  improvements  in  the 
condition  of  labor  of  its  members,  including  hours  of  labor  and 
compensation  therefor  and  leave  of  absence,  by  any  person  or  groups 
of  persons  in  said  postal  service,  or  the  presenting  by  any  such  per- 
son or  groups  or  persons  of  any  grievance  or  grievances  to  the  Con- 
gress or  any  Member  thereof  shall  not  constitute  or  be  cause  for 
reduction  in  rank  or  compensation  or  removal  of  such  person  or 
groups  of  persons  from  said  service.  The  right  of  persons  employed 
in  the  civil  service  of  the  United  States,  either  individually  or  col- 
lectively, to  petition  Congress,  or  any  Member  thereof,  or  to  fur- 
nish information  to  either  House  of  Congress,  or  to  any  committee 
or  member  thereof,  shall  not  be  cTenied  or  interfered  with.  Sec.  6, 
Act  of  Aug.  %  1912  (37  Stat.  555). 

43.  Four  classes  of  clerks. — The  clerks  in  the  Departments  shall  be 
arranged  in  four  classes,  distinguished  as  the  first,  second,  third, 
and  fourth  classes.    Sec.  163,  R.  S.,  Act  of  Aug.  15,  1876  (19  Stat. 
169). 

44.  Salaries. — The  annual  salaries  of  clerks  and  employees  in  the 
Departments,  whose  compensation  is  not  otherwise  prescribed,  shall 
be  as  follows: 

First.  To  clerks  of  the  fourth  class,  eighteen  hundred  dollars. 

Second.  To  clerks  of  the  third  class,  sixteen  hundred  dollars. 

Third.  To  clerks  of  the  second  class,  fourteen  hundred  dollars. 

Fourth.  To  clerks  of  the  first  class,  twelve  hundred  dollars. 

Fifth.  To  the  women  employed  in  duties  of  a  clerical  character, 
subordinate  to  those  assigned  to  clerks  of  the  first  class,  including 
copyists  and  counters,  or  temporarily  employed  to  perform  the 
duties  of  a  clerk,  nine  hundred  dollars. 

Sixth.  To  messengers,  eight  hundred  and  forty  dollars. 

Seventh.  To  assistant  messengers,  seven  hundred  and  twenty 
dollars. 

Eighth.  To  laborers,  seven  hundred  and  twenty  dollars. 

Ninth.  To  watchmen,  seven  hundred  and  twenty  dollars.  Sec. 
167,  R.  S. 

45.  Same — Temporary  clerks. — Except  when  a  different  compensa- 
tion is  expressly  prescribed  by  law,  any  clerk  temporarily  employed 
to  perform  the  same  or  similar  duties  with  those  belonging  to  clerks 
of  either  class  is  entitled  to  the  same  salary  as  is  allowed  to  clerks  of 
that  class.    Sec.  168,  R.  S. 

46.  Compensation  for  extra  services. — No  money  shall  be  paid  to 
any  clerk  employed  in  either  Department  at  an  annual  salary,  as 
compensation  for  extra  services,  unless  expressly  authorized  by  law. 
Sec.  170,  R.  S. 


26  MILITAKY   LAWS   OF   THE   UNITED   STATES. 

47.  Same — For  performing  duty  of  another. — No   allowance   or 
compensation  shall  be  made  to  any  officer  or  clerk  by  reason  of  the 
discharge  of  duties  which  belong  to  any  other  officer  or  clerk  in  the 
same  or  any  other  Department;  and  no  allowance  or  compensation 
shall  be  made  for  any  extra  services  whatever  which  any  officer 
or  clerk  may  be  required  to  perform,  unless  expressly  authorized  by 
law.    Sec.  1764,  R-  S. 

48.  Not  less  than  seven  hours — Extension. — Hereafter  it  shall  be 
the  duty  of  the  heads  of  the  several  Executive  Departments,  in  the 
interest  of  the  public  service,  to  require  of  all  clerks  and  other  em- 
ployees, of  whatever  grade  or  class,  in  their  respective  Departments, 
not  less  than  seven  hours  of  labor  each  day,  except  Sundays  and  days 
declared  public  holidays  by  law  or  Executive  order :  Provided,  That 
the  heads  of  the  Departments  may,  by  special  order,  stating  the  rea- 
son, further  extend  the  hours  of  any  clerk  or  employee  in  their  De- 
partments, respectively ;  but  in  case  of  an  extension  it  shall  be  with- 
out additional  compensation.1    Sec.  7,  act  of  Mar.  15,  1898  (30  Stat. 
816}: 

49.  Extension  if  work  is  in  arrears. — Hereafter  it  shall  be  the  duty 
of  the  head  of  each  Executive  Department  to  require  monthly  re- 
ports to  be  made  to  him  as  to  the  condition  of  the  public  business  in 
the  several  bureaus  or  offices  of  his  Department  at  Washington;  and 
in  each  case  where  such  reports  disclose  that  the  public  business  is  in 
arrears,  the  head  of  the  Department  in  which  such  arrears  exist 
shall  require,  as  provided  herein,  an  extension  of  the  hours  of  service 
to  such  clerks  or  employees  as  may  be  necessary  to  bring  up  such 
arrears  of  public  business.    Id. 

50.  Annual  and  sick. — The  head  of  any  Department  may  grant 
thirty  days'  annual  leave  with  pay  in  any  one  year  to  each  clerk  or 
employee:  And  provided  further,  That  where  some  member  of  the 
immediate  family  of  a  clerk  or  employee  is  afflicted  with  a  conta- 
gious disease  and  requires  the  care  and  attendance  of  such  employee, 
or  where  his  or  her  presence  in  the  Department  would  jeopardize 
the  health  of  fellow -clerks,  and  in  exceptional  and  meritorious  cases, 
where  a  clerk  or  employee  is  personally  ill,  and  where  to  limit  the 
annual  leave  to  thirty  days  in  any  one  calendar  year  would  work 
peculiar  hardship,  it  may  be  extended,  in  the  discretion  of  the  head 
of  the  Department,  with  pay,  not  exceeding  thirty  days  in  any  one 
case  or  in  any  one  calendar  year. 

This  section  shall  not  be  construed  to  mean  that  so  long  as  a  clerk 
or  employee  is  borne  upon  the  rolls  of  the  Department  in  excess  of 

1This  requirement  has  been  held  by  the  Comptroller  of  the  Treasury  not  to 
apply  to  laborers  and  mechanics  whose  compensation  is  not  fixed  by  law  or 
regulations.  (IV  Comp.  Dec.,  578;  see,  also,  Hurlburt  v.  U.  S.,  30  Ct.  Cls.,  16; 
also  29  Op.  Att.  Gen.,  481.) 


MILITARY   LAWS   OF    THE   UNITED   STATES.  27 

the  time  herein  provided  for  or  granted  that  he  or  she  shall  be  en- 
titled to  pay  during  the  period  of  such  excessive  absence,  but  that 
the  pay  shall  stop  upon  the  expiration  of  the  granted  leave.1  Sec.  7, 
Act  of  Mar.  15, 1898  (30  Stat.  316). 

51.  Same. — Nothing  contained  in  section  seven  of  the  act  making 
appropriations  for  legislative,  executive,  and  judicial  expenses  of  the 
Government  for  the  fiscal  year  eighteen  hundred  and  ninety-nine, 
approved  March  fifteenth,  eighteen  hundred  and  ninety-eight,  shall 
be  construed  to  prevent  the  head  of  any  Executive  Department  from 
granting  thirty  days'  annual  leave  with  pay  in  any  one  year  to  a 
clerk  or  employee,  notwithstanding  such  clerk  or  employee  may  have 
had  during  such  year  not  exceeding  thirty  days'  leave  with  pay  on 
account  of  sickness  as  provided  in  said  section  seven.    Act  of  July  7, 

1898  (30  Stat.  653). 

52.  Same — Sundays  and  holidays. — The  thirty  days'  annual  leave 
of  absence  with  pay  in  any  one  year  to  clerks  and  employees  in  the 
several  Executive  Departments  authorized  by  existing  law  shall  be 
exclusive  of  Sundays  and  legal  holidays.     Sec.  h  Act  of  Feb.  %h 

1899  (30  Stat.  890) . 

53.  Holidays  in  District  of  Columbia. — The  following  days  in  each 
year,  namely,  the  first  day  of  January,  commonly  called  New  Year's 
Day;  the  twenty-second  day  of  February,  known  as  Washington's 
Birthday;  the  Fourth  of  July;  the  thirtieth  day  of  May,  commonly 
called  Decoration  Day;  the  first  Monday  in  September,  known  as 
Labor's   Holiday;    the   twenty-fifth   day   of   December,   commonly 
called  Christmas  Day;  every  Saturday,  after  twelve  o'clock  noon; 
any  day  appointed  or  recommended  by  the  President  of  the  United 
States  as  a  day  of  public  fasting  or  thanksgiving,  and  the  day  of 
the  inauguration  of  the%  President,  in  every  fourth  year,  shall  be 
holidays  in  the  District  for  all  purposes.    Sec.  1389,  Code,  District 
of  Columbia. 

54.  Holidays  with  pay — Per  diem  employees. — The  employees  of 
the  navy-yard,  Government  Printing  Office,  Bureau  of  Printing  and 
Engraving,  and  all  other  per  diem  employees  of  the  Government 
on  duty  at  Washington,  or  elsewhere  in  the  United  States,  shall 
be  allowed  the  following  holidays,  to  wit :  The  first  day  of  January, 
the  twenty-second  day  of  February,  the  fourth  day  of  July,  the 
twenty-fifth  day  of  December,  and  such  days  as  may  be  designated 
by  the  President  as  days  for  national  thanksgiving,  and  shall  receive 

1  Under  the  above  provision  it  is  discretionary  with  the  heads  of  the  several 
Executive  Departments  to  grant  or  refuse  leave  of  absence,  and  their  acts  can 
not  be  reviewed.  Absence  without  leave  is  absence  without  pay;  absence  with 
leave  is  subject  to  such  conditions  and  limitations  as  may  be  imposed.  (Hurl- 
burt  v.  U.  S.,  30  Ct.  Cls.,  16.)  The  word  "meritorious"  as  used  above  is  sur- 
plusage; the  word  "exceptional"  in  the  same  statute  raises  a  question  of  fact 
upon  which  the  Attorney-General  can  not  advise.  (XX  Opin.  Att.  Gen.,  716.) 


28  MILITARY   LAWS   OF   THE   UNITED   STATES. 

the  same  pay  as  on  other  days.    Joint  Res.  No.  5,  Jan.  6,  1885  (23 
Stat.  516.) 

(In  the  act  of  January  6,  1895,  which  provides  that  "the  employees  of  the 
navy-yard,  Government  Printing  Office,  Bureau  of  Engraving  and  Printing,  and 
all  other  per  diem  employees "  shall  be  allowed  pay  for  legal  holidays,  the 
provision  "  all  other  per  diem  employees "  is  to  be  restricted  to  employees 
whose  employment  is  similarly  permanent  or  continuous.  (IV  Comp.  Dec., 
499.)) 

55.  The  same — Decoration  Day. — All  per  diem  employees  of  the 
Government,  on  duty  at  Washington  or  elsewhere  in  the  United 
States,  shall  be  allowed  the  day  of  each  year  which  is  celebrated  as 
"  Memorial "  or  "  Decoration  Day  "  and  the  fourth  of  July  of  each 
year,  as  holiday,  and  shall  receive  the  same  pay  as  on  other  days. 
Joint  Res.  No.  6,  Feb.  23,  1887  (24  Stat.  644). 

56.  Same — Labor  Day. — The  first  Monday  of  September  in  each 
year,  being  the  day  celebrated  and  known  as  Labor's  Holiday,  is 
hereby  made  a  legal  public  holiday,  to  all  intents  and  purposes,  in 
the  same  manner  as  Christmas,  the  first  day  of  January,  the  twenty- 
second  day  of  February,  the  thirtieth  day  of  May,  and  the  fourth 
day  of  July  are  now  made  by  law  public  holidays.     Act  of  June 
28,  1894  (28  Stat.  96). 

(For  a  requirement  in  respect  to  the  exclusion  of  Sundays  and  legal  holidays 
in  the  reckoning  of  annual  leaves  of  absence,  see  section  4,  act  of  February  24, 
1899  (30  Stat.  890),  paragraph  52,  ante.) 

57.  Oaths  of  office — Without  compensation. — The  chief  clerks  of 
the  several  Executive  Departments  and  of  the  various  bureaus  and 
offices  thereof  in  Washington,  District  of  Columbia,  are  hereby  au- 
thorized  and  directed,   on   application  and  without  compensation 
therefor,  to  administer  oaths  of  office  to  employees  required  to  be 
taken  on  their  appointment  or  promotion.     Act  of  Aug.  29,  1890 
(26  Stat.  371). 

58.  Same. — No  officer,  clerk,  or  employee  of  any  Executive  Depart- 
ment who  is  also  a  notary  public  or  other  officer  authorized  to  admin- 
ister oaths  shall  charge  or  receive  any  fee  or  compensation  for  admin- 
istering oaths  of  office  to  employees  of  such  Department  required  to 
be  taken  on  appointment  or  promotion  therein.    Act  of  Aug.  29, 1890 
(26  Stat.  371). 

59.  Oaths  of  office. — Section  seventeen  hundred  and  fifty-six  of 
the  Revised  Statutes  is  hereby  repealed,  and  hereafter  the  oath  to 
be  taken  by  any  person  elected  or  appointed  to  any  office  of  honor 
or  profit  either  in  the  civil,  military,  or  naval  service,  except  the 
President  of  the  United  States,  shall  be  as  prescribed  in  section  sev- 
enteen hundred  and  fifty-seven  of  the  Revised  Statutes.     But  this 
repeal  shall  not  affect  the  oaths  prescribed  by  existing  statutes  in 
relation  to  the  performance  of  duties  in  special  or  particular  sub- 


MILITARY    LAWS   OF    THE   UNITED   STATES.  29 

ordinate  offices  and  employments.     Sec.  2,  Act  of  May  13  1884  (%$ 
Stat.  22). 

(Paragraph  60  post.) 

60.  Same. — Whenever  any  person    *    *    *    is  elected  or  appointed 
to  any  office  of  honor  or  trust  under  the  Government  of  the  United 
States,     *     *     *     he  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  in  lieu  of  that  oath  the  following  oath:1 
"I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  will  support  and 
defend  the  Constitution  of  the  United  States  against  all  enemies, 
foreign  and  domestic;  that  I  will  bear  true  faith  and  allegiance  to 
the  same;  that  I  take  this  obligation  freely,  without  any  mental 
reservation  or  purpose  of  evasion  ;^  and  that  I  will  well  and  faith- 
fully discharge  the  duties  of  the  office2  on  which  I  am  about  to 
enter.    So  help  me  God.    Sec.  1757,  R.  S.,  as  amended  ~by  the  Act  of 
June  6, 1898  (30  Stat.  432). 

61.  Same. — The  oath  of  office  taken  by  any  person  pursuant  to  the 
requirements  of  section  seventeen  hundred  and  fifty-six,  or  of  sec- 
tion seventeen  hundred  and  fifty-seven,  shall  be  delivered  in  by  him 
to  be  preserved  among  the  files  of  the  House  of  Congress,  Depart- 
ment, or  court  to  which  the  office  in  respect  to  which  the  oath  is 
made  may  appertain.    Sec.  1759,  R.  S. 

(Sec.  1756,  R.  S.,  was  repealed  by  the  act  of  May  13,  1884  (23  Stat.  22) ). 

62.  Who  may  administer  oath. — The  oath  of  office  required  by  the 
preceding  section  may  be  taken  before  any  officer  who  is  authorized 
either  by  the  laws  of  the  United  States,  or  by  the  local  municipal 

lprhe  disabilities  to  hold  office  under  the  United  States  imposed  under  the 
authority  conferred  by  section  3  of  the  fourteenth  amendment  to  the  Constitu- 
tion, and  which  were  embodied  in  section  1218  of  the  Revised  Statutes,  as  modi- 
fied by  the  acts  of  May  13,  1884  (23  Stat  21),  and  March  31,  1896  (29  Stat.  84), 
were,  by  the  act  of  June  6,  1898,  finally  and  entirely  removed. 

aFor  definition  of  office  see  U.  S.  v.  Germaine,  99  U.  S.,  508,  and  Mouat  v. 
U.  S.,  124  U.  S.,  303.  See,  also,  note  1  to  paragraph  4,  ante.  Clerks  appointed  by 
the  head  of  an  Executive  Department  are  officers,  and  are  required  by  the 
Constitution  to  take  the  oath  of  office.  (1  Cornp.  Dec.,  4.)  An  employee  whose 
compensation  is  fixed  by  the  head  of  an  Executive  Department  is  not  required 
to  take  a  new  oath  of  office  when  his  compensation  is  increased.  (Id.,  267.) 
When  by  law  a  change  is  made  in  the  compensation  of  an  office,  and  in  the 
manner  in  which  such  compensation  shall  be  ascertained,  the  incumbent  thereof 
is  entitled  from  the  date  of  the  act  to  the  compensation  so  fixed  and  is  not 
required  to  take  a  new  oath  of  office.  (Id.,  313.) 

Under  the  act  of  February  14,  1889  (25  Stat.  670),  S.  was  appointed  from 
civil  life  to  the  position  of  major  of  engineers  in  the  Army,  and  thereupon  was 
placed  on  the  retired  list  of  the  Army  as  of  that  grade;  advised,  that  he  must 
take  the  oath  required  by  section  1756  of  the  Revised  Statutes,  and  that  this 
act  would  be  in  law  a  legal  acceptance  of  the  office,  and,  as  such,  a  sufficient 
formal  acceptance.  (XIX  Opin.  Att  Gen.,  283.) 

Section  1757,  Revised  Statutes,  and  the  act  of  May  IS,  1884  (23  Stat.  22),  which 
require  generally  that  an  officer  shall  take  the  oath  of  office  prescribed  "  before 
entering  upon  the  duties  of  his  office"  are  directory  only  (U.  S.  v.  Eaton,  169 
U.  S.,  331),  and  a  deputy  clerk  of  a  United  States  court  whose  acceptance  of 
office  on  the  same  day  he  was  appointed  was  evidenced  by  his  entrance  upon 
duty,  and  who  subsequently  took  the  oath,  is  entitled  to  compensation  from  that 
day.  (4  Comp.  Dec.,  496.) 


30  MILITAEY   LAWS   OF    THE   UNITED   STATES. 

law,  to  administer  oaths,  in  the  State,  Territory,  or  district  where 
such  oath  may  be  administered.    Sec.  1758,  R.  S. 

63.  Administration  of  oaths. — In  all  cases  in  which  under  the  laws 
of  the  United  States  oaths  or  acknowledgments  may  now  be  taken  or 
made  before  any  justice  of  the  peace  of  any  State  or  Territory,  or 
in  the  District  of  Columbia,  they  may  hereafter  be  also  taken  or 
made  by  or  before  any  notary  public  duly  appointed  in  any  State, 
district,  or  Territory,  or  any  of  the  commissioners  of  the  circuit 
courts,  and  when  certified  under  the  hand  and  official  seal  of  such 
notary  or  commissioner,  shall  have  the  same  force  and  effect  as  if 
taken  or  made  by  or  before  such  justice  of  the  peace.    Sec.  1778,  R.  S. 

64.  Oaths  in  investigations. — Any  officer  or  clerk  of  any  of  the 
departments  lawfully  detailed  to  investigate  frauds  on,  or  attempts 
to  defraud,  the  Government,  or  any  irregularity  or  misconduct  of 
any  officer  or  agent  of  the  United  States,  and  any  officer  of  the 
Army,  Navy,  Marine  Corps  or  Re  venue- Cutter  Service  detailed  to 
conduct  an  investigation,  and  the  recorder,  and  if  there  be  none  the 
presiding  officer,  of  any  military,  naval,  or  Revenue- Cutter  Service 
board  appointed  for  such  purpose,  shall  have  authority  to  adminis- 
ter an  oath  to  any  witness  attending  to  testify  or  depose  in  the 
course  of  such  investigation.    Sec.  183,  R.  S.,  as  amended  by  the  Act 
of  Feb.  13, 1911  (36  Stat.  898). 

65.  Oaths  to  travel  accounts. — After  June  thirtieth,  nineteen  hun- 
dred  and  twelve,  postmasters,   assistant  postmasters,  collectors  of 
customs,  collectors  of  internal  revenue,  chief  clerks  of  the  various 
executive  departments  and  bureaus,  or  clerks  designated  by  them 
for  the  purpose,  the  superintendent,  the  acting  superintendent,  cus- 
todian, and  principal  clerks  of  the  various  national  parks  and  other 
Government   reservations,    superintendent,    acting   superintendents, 
and  principal  clerks  of  the  different  Indian  super intendencies  or 
Indian  agencies,  and  chiefs  of  field  parties,  are  required,  empowered, 
and  authorized,  when  requested,  to  administer  oaths,  required  by 
law  or  otherwise,  to  accounts  for  travel  or  other  expenses  against  the 
United  States,  with  like  force  and  effect  as  officers  having  a  seal ;  for 
such  services  when  so  rendered,  or  when  rendered  on  demand  after 
said  date  by  notaries  public,  who  at  the  time  are  also  salaried  offi- 
cers or  employees  of  the  United  States,  no  charge  shall  be  made; 
and  on  and  after  July  first,  nineteen  hundred  and  twelve,  no  fee 
or  money  paid  for  the  services  herein  described  shall  be  paid  or 
reimbursed  by  the  United  States.    Sec.  8,  Act  of  Aug.  24,  1912  (37 
Stat.  487). 

66.  Pay  during  disability — Limit. — When,  on  or  after  August  first, 
nineteen  hundred  and  eight,  any  person  employed  by  the  United 
States  as  an  artisan  or  laborer  in  any  of  its  manufacturing  estab- 
lishments, arsenals,  or  navy-yards,  or  in  the  construction  of  river 


MILITARY   LAWS   OF   THE   UNITED   STATES.  31 

and  harbor  or  fortification  work  or  in  hazardous  employment  on 
construction  work  in  the  reclamation  of  arid  lands  or  the  manage- 
ment and  control  of  the  same,  or  in  hazardous  employment  under 
the  Isthmian  Canal  Commission,  is  injured  in  the  course  of  such 
employment,  such  employee  shall  be  entitled  to  receive  for  one  year 
thereafter,  unless  such  employee,  in  the  opinion  of  the  Secretary  of 
Commerce  and  Labor,  be  sooner  able  to  resume  work,  the  same  pay 
as  if  he  continued  to  be  employed,  such  payment  to  be  made  under 
such  regulations  as  the  Secretary  of  Commerce  and  Labor  may  pre- 
scribe :  Provided,  That  no  compensation  shall  be  paid  under  this  Act 
where  the  injury  is  due  to  the  negligence  or  misconduct  of  the 
employee  injured,  nor  unless  said  injury  shall  continue  for  more 
than  fifteen  days.  All  questions  of  negligence  or  misconduct  shall 
be  determined  by  the  Secretary  of  Commerce  and  Labor.  Sec.  1, 
Act  of  May  30,  1908  (35  Stat.  556). 

(See  Circular  A,  War  Department,  January  12,  1910.) 

67.  In  case  of  death  payable  to  widow,  etc. — If  any  artisan  or 
laborer  so  employed  shall  die  during  the  said  year  by  reason  of  such 
injury  received  in  the  course  of  such  employment,  leaving  a  widow, 
or  a  child  or  children  under  sixteen  years  of  age,  or  a  dependent 
parent,  such  widow  and  child  or  children  and  dependent  parent  shall 
be  entitled  to  receive,  in  such  portions  and  under  such  regulations  as 
the   Secretary   of   Commerce   and  Labor  may   prescribe,   the   same 
amount,  for  the  remainder  of  the  said  year,  that  said  artisan  or 
laborer  would  be  entitled  to  receive  as  pay  if  such  employee  were 
alive  and  continued  to  be  employed:  Provided,  That  if  the  widow 
shall  die  at  any  time  during  the  said  year  her  portion  of  said  amount 
shall  be  added  to  the  amount  to  be  paid  to  the  remaining  benefici- 
aries under  the  provisions  of  this  section,  if  there  be  any.     Sec.  2,  Id. 

(See  Circular  A,  War  Department,  January  12,  1910.) 

68.  Evidence  by  beneficiaries. — In  the  case  of  any  accident  which 
shall  result  in  death,  the  persons  entitled  to  compensation  under 
this  Act  or  their  legal  representatives  shall,  within  ninety  days  after 
such  death,  file  with  the  Secretary  of  Commerce  and  Labor  an  affi- 
davit setting  forth  their  relationship  to  the  deceased  and  the  ground 
of  their  claim  for  compensation  under  the  provisions  of  this  Act. 
This  shall  be  accompanied  by  the  certificate  of  the  attending  physi- 
cian setting  forth  the  fact  and  cause  of  death,  or  the  nonproduction 
of  the  certificate  shall  be  satisfactorily  accounted  for.     In  the  case 
of  incapacity  for  work  lasting  more  than  fifteen  days,  the  injured 
party  desiring  to  take  the  benefit  of  this  Act  shall,  within  a  reason- 
able period  after  the  expiration  of  such  time,  file  with  his  official 
superior,  to  be  forwarded  through  regular  official  channels  to  the 
Secretary  of  Commerce  and  Labor,  an  affidavit  setting  forth  the 


32  MILITARY   LAWS   OF    THE   UNITED   STATES. 

grounds  of  his  claim  for  compensation,  to  be  accompanied  by  a  cer- 
tificate of  the  attending  physician  as  to  the  cause  and  nature  of  the 
injury  and  probable  duration  of  the  incapacity,  or  the  nonproduc- 
tion  of  the  certificate  shall  be  satisfactorily  accounted  for.  If  the 
Secretary  of  Commerce  and  Labor  shall  find  from  the  report  and 
affidavit  or  other  evidence  produced  by  the  claimant  or  his  or  her 
legal  representatives,  or  from  such  additional  investigation  as  the 
Secretary  of  Commerce  and  Labor  may  direct,  that  a  claim  for  com- 
pensation is  established  under  this  Act,  the  compensation  to  be  paid 
shall  be  determined  as  provided  under  this  Act  and  approved  for 
payment  by  the  Secretary  of  Commerce  and  Labor.  Sec.  h  Id. 
(See  Circular  A,  War  Department,  January  12,  1910.) 

69.  Not  payable  to  assignees  or  creditors. — Payments  under  this 
Act  are  only  to  be  made  to  the  beneficiaries  or  their  legal  represen- 
tatives other  than  assignees,  and  shall  not  be  subject  to  the  claims  of 
creditors.    Sec.  6,  Id. 

70.  Medical  examination. — The  employee  shall,  whenever  and  as 
often  as  required  by  the  Secretary  of  Commerce  and  Labor,  at  least 
once  in  six  months,  submit  to  medical  examination,  to  be  provided 
and  paid  for  under  the  direction  of  the  Secretary,  and  if  such  em- 
ployee refuses  to  submit  to  or  obstructs  such  examination  his  or  her 
right  to  compensation  shall  be  lost  for  the  period  covered  by  the 
continuance  of  such  refusal  or  obstruction.    Sec.  5,  Id. 

71.  Reports  regarding  accidents. — Whenever  an  accident  occurs  to 
any  employee  embraced  within  the  terms  of  the  first  section  of  this 
Act,  and  which  results  in  death  or  a  probable  incapacity  for  work, 
it  shall  be  the  duty  of  the  official  superior  of  such  employee  to  at 
once  report  such  accident  and  the  injury  resulting  therefrom  to  the 
head  of  his  Bureau  or  independent  office,  and  his  report  shall  be 
immediately  communicated  through  regular  official  channels  to  the 
Secretary  of  Commerce  and  Labor.     Such  report  shall  state,  first, 
the  time,  cause,  and  nature  of  the  accident  and  injury  and  the  prob- 
able duration  of  the  injury  resulting  therefrom;   second,  whether 
the  accident  arose  out  of  or  in  the  course  of  the  injured  person's 
employment;  third,  whether  the  accident  was  due  to  negligence  or 
misconduct  on  the  part  of  the  employee  injured;  fourth,  any  other 
matters  required  by  such  rules  and  regulations  as  the  Secretary  of 
Commerce  and  Labor  may  prescribe.     The  head  of  each  Depart- 
ment or  independent  office  shall  have  power,  however,  to  charge  a 
special  official  with  the  duty  of  making  such  reports.    Sec.  3,  Id. 

(See  Circular  A,  War  Department,  January  12,  1910.) 

72.  Contract  for  exemption  invalid. — The  United  States  shall  not 
exempt  itself  from  liability  under  this  Act  by  any  contract,  agree- 
ment, rule,  or  regulation,  and  any  such  contract,  agreement,  rule,  or 
regulation  shall  be  pro  tanto  void.    Sec.  7,  Id. 


MILITARY  LAWS   OF   THE   UNITED   STATES.  33 

CONTINGENT  FUNDS. 

73.  Purchases  from  contingent  fund. — No  part  of  the  contingent 
fund  appropriated  to  any  Department,  bureau,  or  office,  shall  be  ap- 
plied to  the  purchase  of  any  articles  except  such  as  the  head  of  the 
Department  shall  deem  necessary  and  proper  to  carry  on  the  busi- 
ness of  the  Department,  bureau,  or  office,  and  shall,  by  written  order, 
direct  to  be  procured.1    Sec.  3683^  R.  S. 

74.  Use  for  official  and  clerical  compensation. — No  moneys  appro- 
priated for  contingent,  incidental,  or  miscellaneous  purposes  shall  be 
expended  or  paid  for  official  or  clerical  compensation.     Sec.  3682, 
R.  3. 

(Section  3682,  Revised  Statutes,  prohibits,  absolutely,  the  use  for  official  or 
clerical  compensation  of  any  money  appropriated  for  contingent,  incidental, 
or  miscellaneous  purposes.  (I  Comp.  Dec.,  392;  Id.,  410.)  The  Revised  Stat- 
utes (section  3682)  forbid  money  appropriated  for  contingent,  incidental,  or 
miscellaneous  purposes  being  used  for  official  or  clerical  compensation.  The  ad- 
jectives* "  contingent,"  "  incidental,"  and  "  miscellaneous  "  have  a  technical  and 
well-understood  meaning;  and,  where  a  specific  appropriation  is  made  for 
specific  objects,  such  as  clerks,  messengers,  light,  fuel,  no  disbursement  can  be 
made  therefor  from  the  appropriation  for  "  miscellaneous  expenses."  (22 
Ct.  Cls.  269.) 

(The  words  "contingent  expenses"  as  employed  in  acts  making  appropriations, 
means  such  incidental,  casual,  and  unforeseen  expenses  as  are  necessary  and 
appropriate  to  the  execution  of  duties  required  by  law  in  connection  with  the 
object  for  which  the  appropriation  was  made.  There  is  no  discretion  conferred 
upon  heads  of  departments  to  use  such  appropriations  for  other  purposes.  (IV 
Comp.  Dec.,  287).) 

75.  Apportionment  of  contingent  funds. — In  addition  to  the  appor- 
tionment required  by  the  so-called  antideficiency  Act,  approved  Feb- 
ruary twenty-seventh,  nineteen  hundred  and  six  (Statutes  at  Large, 
volume  thirty-four,  page  forty-nine),  the  head  of  each  executive 
department  shall,  on  or  before  the  beginning  of  each  fiscal  year,  ap- 
portion to  each  office  or  bureau  of  his  department  the  maximum 
amount  to  be  expended  therefor  during  the  fiscal  year  out  of  the 
contingent  fund  or  funds  appropriated  for  the  entire  year  for  the 
department,  and  the  amounts  so  apportioned  shall  not  be  increased 
or  diminished  during  the  year  for  which  made  except  upon  the  writ- 
ten direction  of  the  head  of  the  department,  in  which  there  shall  be 
fully  expressed  his  reasons  therefor;  and  hereafter  there  shall  not 
be  purchased  out  of  any  other  fund  any  article  for  use  in  any  office 
or  bureau  of  any  executive  department  in  Washington,  District  of 

1  Section  3683,  Revised  Statutes,  requires  that  the  written  order  therein  men- 
tioned shall  be  given  by  the  head  of  the  Department  before  the  articles  to  be 
paid  for  from  the  contingent  fund  are  procured,  and  a  subsequent  approval  is 
not  sufficient.  (II  Comp.  Dec.,  1.)  This  section  applies  only  to  cases  where 
an  appropriation  is  made  in  a  lump  sum  for  "  contingent,  incidental,  or  miscel- 
laneous expenses,"  or  under  similar  words,  and  where  Congress  has  specifically 
designated  appropriations  for  enumerated  items  as  being  for  "  contingent,  inci- 
dental, or  miscellaneous  expenses."  (Id.,  42.)  When  an  item  is  properly  pay- 
able from  an  appropriation  for  contingent  expenses,  the  discretion  of  the  officer 
charged  with  the  duty  of  expending  said  fund  is  not  subject  to  review  by  the 
accounting  officers  upon  any  question  ns  to  the  necessity  or  advisability  of  his 
expenditures.  (Id.,  80.  XVIII  Opin.  Att.  Gen.,  424.) 
48985°— 15 3 


34  MILITARY   LAWS   OF    THE   UNITED   STATES. 

Columbia,  which  could  be  purchased  out  of  the  appropriations  made 
for  the  regular  contingent  funds  of  such  department  or  of  its  offices 
or  bureaus.  Sec.  6,  Act  of  Aug.  23, 1912  (37  Stats.  414) . 

76.  Expenditure  for  newspapers. — The  amount  expended  in  any 
one  year  for  newspapers,  for  any  Department,  except  the  Depart- 
ment of  State,  including  all  the  bureaus  and  offices  connected  there- 
with, shall  not  exceed  one  hundred  dollars.    Sec.  19%,  R.  S.,  as 
amended  by  Act  of  June  <22, 1906  (34  Stat.  449). 

(By  Act  of  March  2,  1903  (32  Stat.  929),  it  was  provided  that  this  section 
"  shall  not  apply  to  the  subscriptions  to  newspapers  by  the  military  informa- 
tion division  for  the  fiscal  years  ending "  June  30,  1900,  1901,  1902,  1903,  and 
thereafter. ) 

77.  Same. — No  executive  officer,  other  than  the  heads  of  Depart- 
ments, shall  apply  more  than  thirty  dollars,  annually,  out  of  the 
contingent  fund  under  his  control,  to  pay  for  newspapers,  pamphlets, 
periodicals,  or  other  books  or  prints  not  necessary  for  the  business 
of  his  office.    Sec.  1779,  R.  S. 

78.  Law  books,  books  of  reference,  etc. — Hereafter  law  books,.books 
of  reference,  and  periodicals  for  use  of  any  Executive  Department, 
or  other  Government  establishment  not  under  an  Executive  Depart- 
ment, at  the  seat  of  Government,  shall  not  be  purchased  or  paid  for 
from  any  appropriation  made  for  contingent  expenses1  or  for  any 
specific  or  general  purpose  unless  such  purchase  is  authorized  and 
payment   therefor   specifically   provided    in   the   law   granting   the 
appropriation.    Sec.  3,  Act  of  Mar.  15,  1898  (30  Stat.  316). 

79.  Annual  report  of  expenditures. — The  head  of  each  Department 
shall  make  an  annual  report  to  Congress,  giving  a  detailed  state- 
ment of  the  manner  in  which  the  contingent  fund  for  his  Depart- 
ment, and  for  the  bureaus  and  offices  therein,  has  been  expended, 
giving  the  names  of  every  person  to  whom  any  portion  thereof  has 
been  paid;  and  if  for  anything  furnished,  the  quantity  and  price; 
and  if  for  any  service  rendered,  the  nature  of  such  service,  and  the 
time  employed,  and  the  particular  occasion  or  cause,  in  brief,  that 

1  The  words  "  contingent  expenses,"  as  employed  in  acts  making  appropria- 
tions, mean  such  incidental,  casual,  and  unforeseen  expenses  as  are  necessary 
and  appropriate  to  the  execution  of  duties  required  by  law  in  connection  with 
the  object  for  which  the  appropriation  is  made.  (IV  Comp.  Dec.,  287.)  There 
is  no  discretion  conferred  upon  heads  of  Departments  to  use  such  appropria- 
tions for  other  purposes,  (Id.,  287.) 

The  provisions  in  the  act  of  March  15,  1898,  that  "  hereafter  law  books, 
books  of  reference,  and  periodicals  for  the  use  of  any  Executive  Department, 
or  other  Government  establishment  not  under  an  Executive  Department,  at  the 
seat  of  Government,  shall  not  be  purchased  or  paid  for  from  any  appropriation 
made  for  contingent  expenses  or  for  any  specific  or  general  purpose,  unless 
such  purchase  is  authorized  and  payment  therefor  specifically  provided  in  the 
law  granting  the  appropriation  "  does  not  apply  to  those  branches  of  the  pub- 
lic service  located  outside  of  Washington,  nor  to  the  Army,  which  is  not  a  part 
of  the  War  Department  proper.  (Id..  551.) 

A  newspaper  is  not  a  periodical  within  the  meaning  of  the  requirement  above 
set  forth  in  the  act  of  March  15,  1898  (30  Stat.  316).  (Id.,  694.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  35 

rendered  such  service  necessary;  and  the  amount  of  all  former  ap- 
propriations in  each  case  on  hand,  either  in  the  Treasury  or  in 
the  hands  of  any  disbursing  officer  or  agent.  And  he  shall  require 
of  the  disbursing  officers,  acting  under  his  direction  and  authority, 
the  return  of  precise  and  analytical  statements  and  receipts  of  all 
the  moneys  which  may  have  been  from  time  to  time  during  the  next 
preceding  year  expended  by  them,  and  shall  communicate  the  results 
of  such  returns  and  the  sums  total,  annually,  to  Congress.  Sec. 
193,  R.  S. 

80.  Same. — Hereafter  a  detailed  statement  of  the  expenditure  for 
the  preceding  year  of  all  sums  appropriated  for  contingent  expenses 
of  the  independent  treasury,  or  in  any  Department  or  bureau  of  the 
Government,  shall  be  presented  to  Congress  at  the  beginning  of  each 
regular  session.    Act  of  Mar.  3, 1877  (19  Stat.  306}. 

81.  Membership  fees,  etc. — -No  money  appropriated  by  this  or  any 
other  Act  shall  be  expended  for  membership  fees  or  dues  of  any 
officer  or  employee  of  the  United  States  or  of  the  District  of  Colum- 
bia in  any  society  or  association  or  for  expenses  of  attendance  of 
any  person  at  any  meeting  or  convention  of  members  of  any  society 
or  association,  unless  such  fees,  dues,  or  expenses  are  authorized  to 
be  paid  by  specific  appropriations  for  such  purposes  or  are  provided 
for  in  express  terms  in  some  general  appropriation.    Sec.  8,  Act  of 
June  %6,  1912  (37  Stats.  184). 

82.  Carriages  or  other  vehicles. — No  part  of  any  money  appro- 
priated by  this  or  any  other  Act  shall  be  used  for  purchasing,  main- 
taining, driving,  or  operating  any  carriage  or  vehicle   (other  than 
those  for  the  use  of  the  President  of  the  United  States,  the  heads  of 
the  Executive  Departments,  and  the  Secretary  to  the  President,  and 
other  than  those  used  for  transportation  of  property  belonging  to  or 
in  the  custody  of  the  United  States),  for  the  personal  or  official  use 
of  any  officer  or  employee  of  any  of  the  Executive  Departments  or 
other  Government  establishments  at  Washington,  District  of  Colum- 
bia, unless  the  same  shall  be  specifically  authorized  by  law  or  pro- 
vided for  in  terms  by  appropriation  of  money,  and  all  such  carriages 
and  vehicles  so  procured  and  used  for  official  purposes  shall  have 
conspicuously  painted  thereon  at  all  times  the  full  name  of  the  Ex- 
ecutive Department  or  other  branch  of  the  public  service  to  which 
the  same  belong  and  in  the  service  of  which  the  same  are  used.    Sec. 
4,  Act  of  Feb.  3, 1905  (33  Stat.  687). 

83.  Telephone  service. — No  money  appropriated  by  this  or  any 
other  Act  shall  be  expended  for  telephone  service  installed  in  any 
private  residence  or  private  apartment  or  for  tolls  or  other  charges 
for  telephone  service  from  private  residences  or  private  apartments, 
except  for  long-distance  telephone  tolls  required  strictly  for  the 
public   business,   and   so   shown  by   vouchers   duly  sworn  to   and 


36  MILITARY  LAWS   OF   THE  UNITED   STATES. 

approved  by  the  head  of  the  department,  division,  bureau,  or  office 
in  which  the  official  using  such  telephone  or  incurring  the  expense  of 
such  tolls  shall  be  employed.  Sec.  7,  Act  of  Aug.  %3,  1912  (37  Stats. 


84.  Transportation  of  remains  of  deceased  employees.  —  Hereafter 
the  heads  of  Departments  shall  not  authorize  any  expenditure  in  con- 
nection with  transportation  of  remains  of  deceased  employees,  except 
when  otherwise  specifically  provided  by  law.    Act  of  June  7,  1897 
(30  Stat.  86). 

85.  Distribution  of  publications.  —  No  money  appropriated  by  this 
or  any  other  Act  shall  be  used  after  the  first  day  of  October,  nine- 
teen hundred  and  twelve,  for  services  in  any  executive  department 
or  other  Government  establishment  at  Washington,  District  of  Co- 
lumbia, in  the  work  of  addressing,  wrapping,  mailing,  or  otherwise 
dispatching  any  publication  for  public  distribution,  except  maps, 
weather  reports,  and  weather  cards  issued  by  an  executive  depart- 
ment or  other  Government  establishment  at  Washington,  District  of 
Columbia,  or  for  the  purchase  of  material  or  supplies  to  be  used  in 
such  work;  and  on  and  after  October  first,  nineteen  hundred  and 
twelve,  it  shall  be  the  duty  of  the  Public  Printer  to  perform  such 
work  at  the  Government  Printing  Office.     Prior  to  October  first, 
nineteen  hundred  and  twelve,  each  executive  department  and  other 
Government  establishment   at  Washington,  District  of   Columbia, 
shall  transfer  to  the  Public  Printer  such  machines,  equipment,  and 
materials  as  are  used  in  addressing,  wrapping,  mailing,  or  otherwise 
dispatching  publications;  and  each  head  of  such  executive  depart- 
ment and  other  Government  establishment  at  Washington,  District 
of  Columbia,  shall  furnish  from  time  to  time  to  the  Public  Printer 
mailing  lists,  in  convenient  form,  and  changes  therein,  or  franked 
slips,  for  use  in  the  public  distribution  of  publications  issued  by 
such  department  or  establishment;   and  the  Public  Printer  shall 
furnish  copies  of  any  publication  only  in  accordance  with  the  pro- 
visions of  law  or  the  instruction  of  the  head  of  the  department  or 
establishment  issuing  the  publication.     The  employment  of  all  per- 
sons in  the  several  executive  departments  and  other  Government 
establishments  at  Washington,  District  of  Columbia,  wholly  in  con- 
nection with  the  duties  herein  transferred  to  the  Public  Printer,  or 
whose  services  can  be  dispensed  with  or  devolved  upon  another 
because  of  such  transfer,  shall  cease  and  determine  on  or  before 
the  first  day  of  October,  nineteen  hundred  and  twelve,  and  their 
salaries  or  compensation  shall  lapse  for  the  remainder  of  the  fiscal 
year  nineteen  hundred  and  thirteen  and  be  covered  into  the  Treas- 
ury.    A  detail  statement  of  all  machines,  equipment,  and  material 
transferred  to  the  Government  Printing  Office  by  operation  of  this 


MILITARY  LAWS   OF   THE   UNITED  STATES.  37 

provision  and  of  all  employments  discontinued  shall  be  submitted  to 
Congress  at  its  next  session  by  the  head  of  each  executive  department 
and  other  Government  establishments  at  Washington,  District  of 
Columbia,  in  the  annual  estimates  of  appropriations :  Provided,  That 
nothing  in  this  section  shall  be  construed  as  applying  to  orders, 
instructions,  directions,  notices,  or  circulars  of  information,  printed 
for  and  issued  by  any  of  the  executive  departments  or  other  Govern- 
ment establishments  or  to  the  distribution  of  public  documents  by 
Senators  or  Members  of  the  House  of  Representatives  or  to  the 
folding  rooms  and  documents  rooms  of  the  Senate  or  House  of  Rep- 
resentatives. Sec.  8,  Act  of  Aug.  23,  1912  (37  Stats.  4H). 

86.  Annual  estimates — Book  of  Estimates. — All  annual  estimates 
for  the  public  service  shall  be  submitted  to  Congress  through  the 
Secretary  of  the  Treasury,  and  shall  be  included  in  the  Book  of 
Estimates  prepared  under  his  direction.     Sec.  3669,  R.  S.;  Acts  of 
June  20  1874  (18  Stat.  96, 109,  111);  Mar.  3, 1875  (18  Stat.  355,  370) ; 
Aug.  15,  1876  (19  Stat.  200). 

87.  Same — Date  of  submission. — Hereafter  it  shall  be  the  duty  of 
the  heads  of  the  several  Executive  Departments,  and  of  other  officers 
authorized  or  required  to  make  estimates,  to  furnish  to  the  Secretary 
of  the  Treasury,  on  or  before  the  fifteenth  day  of  October  of  each 
year,  their  annual  estimates  for  the  public  service,  to  be  included  in 
the  Book  of  Estimates  prepared  by  law  under  his  direction,  and  in 
case  of  failure  to  furnish  estimates  as  herein  required  it  shall  be  the 
duty  of  the  Secretary  of  the  Treasury  to  cause  to  be  prepared  in  the 
Treasury  Department,  on  or  before  the  first  day  of  November  of  each 
year,  estimates  for  such  appropriations  as  in  his  judgment  shall  be 
requisite  in  every  such  case,  which  estimates  shall  be  included  in  the 
Book  of  Estimates  prepared  by  law  under  his  direction  for  the  con- 
sideration of  Congress.    Sec.  5,  Act  of  Mar.  3,  1901  (31  Stat.  1009). 

88.  Statement  of  outstanding  appropriations. — The  head  of  each 
Department,  in  submitting  to  Congress  his  estimates  of  expenditures 
required  in  his  Department  during  the  year  then  approaching,  shall 
designate  not  only  the  amount  required  to  be  appropriated  for  the 
next'  fiscal  year,  but  also  the  amount  of  the  outstanding  appropria- 
tion, if  there  be  any,  which  will  probably  be  required  for  each  par- 
ticular item  of  expenditure.    Sec.  3665,  R.  S. 

89.  Explanation  of  variation  from  current  appropriations. — When- 
ever the  head  of  a  Department,  being  about  to  submit  to  Congress 
the  annual  estimates  of  expenditures  required  for  the  coming  year, 
finds  that  the  usual  items  of  such  estimates  vary  materially  in  amount 
from  the  appropriation  ordinarily  asked  for  the  object  named,  and 
especially  from  the  appropriation  granted  for  the  same  objects  for 
the  preceding  year,  and  whenever  new  items  not  theretofore  usual 
are  introduced  into  such  estimates  for  any  year,  he  shall  accompany 


38  MILITAKY  LAWS   OF   THE  UNITED  STATES. 

the  estimates  by  minute  and  full  explanations  of  all  such  variations 
and  new  items,  showing  the  reasons  and  grounds  upon  which  the 
amounts  are  required,  and  the  different  items  added.  Sec.  3664,  R.  S. 

90.  Order  and  arrangement. — Hereafter  the  estimates  for  expenses 
of  the  Government,  except  those  for  sundry  civil  expenses,  shall  be 
prepared  and  submitted  each  year  according  to  the  order  and  ar- 
rangement of  the  appropriation  Acts  for  the  year  preceding.     And 
any  changes  in  such  order  and  arrangement,  and  transfers  of  sal- 
aries from  one  office  or  bureau  to  another  office  or  bureau,  or  the 
consolidation  of  offices  or  bureaus  desired  by  the  head  of  any  Ex- 
ecutive Department  may  be  submitted  by  note  in  the  estimates. 
Sec.  4,  Act  of  June  2%,  1906  (34  Stat.  448). 

91.  Special  or  additional  estimates. — Hereafter  the  heads  of  the 
several  Executive  Departments  and  all  other  officers  authorized  or 
required  to  make  estimates  for  the  public  service  shall  include  in 
their  annual  estimates  furnished  the  Secretary  of  the  Treasury  for 
inclusion  in  the  Book  of  Estimates  all  estimates  of  appropriations 
required  for  the  service  of  the  fiscal  year  for  which  they  are  pre- 
pared and  submitted,  and  special  or  additional  estimates  for  that 
fiscal  year  shall  only  be  submitted  to  carry  out  laws  subsequently 
enacted,  or  when  deemed  imperatively  necessary  for  the  public  serv- 
ice by  the  Department  in  which  they  shall  originate,  in  which  case 
such  special  or  additional  estimate  shall  be  accompanied  by  a  full 
statement  of  its  imperative  necessity  and  reasons  for  its  omission 
in  the  annual  estimates.    Id. 

92.  Estimates  for  deficiencies. — Hereafter  all  estimates  of  appro- 
priations and  estimates  of  deficiencies  in  appropriations  intended 
for  the  consideration  and  seeking  the  action  of  any  of  the  com- 
mittees of  Congress  shall  be  transmitted  to  Congress  through  the 
Secretary  of  the  Treasury,  and  in  no  other  manner;  and  the  said 
Secretary  shall  first  cause  the  same  to  be  properly  classified,  com- 
piled, indexed,  and  printed,  under  the  supervision  of  the  chief  of  the 
division  of  warrants,  estimates,  and  appropriations  of  his  Depart- 
ment.     Sec.  2,  Act  of  July  7,  1884  (23  Stat.  25^.} 

93.  Manner  of  preparing. — The  heads  of  Departments,  in  com- 
municating estimates  of  expenditures  and  appropriations  to  Con- 
gress, or  to  any  of  the  committees  thereof,  shall  specify,  as  nearly 
as  may  be  convenient,  the  sources  from  which  such  estimates  are 
derived,  and  the  calculations  upon  which  they  are  founded,  and 
shall  discriminate  between  such  estimates  as  are  conjectural  in  their 
character  and  such  as  are  framed  upon  actual  information  and  ap- 
plications from  disbursing  officers.     They  shall  also  give  references 
to  any  law  or  treaty  by  which  the  proposed  expenditures  are,  respec- 
tively, authorized,  specifying  the  date  of  each,  and  the  volume  and 
page  of  the  Statutes  at  Large,  or  of  the  Revised  Statutes,  as  the  case 


MILITARY  LAWS  OF   THE  UNITED  STATES.  39 

may  be,  and  the  section  of  the  act  in  which  the  authority  is  to  be 
found.1    Sec.  3960,  R.  8.   Act  of  Mar.  3,  1875  (18  Stat.  370}. 

94.  Printing  and  binding. — Hereafter  there  shall  be  submitted  iji 
the  regular  annual  estimates  to  Congress  under  and  as  a  part  of  the 
expenses  for  "  Printing  and  binding,"  estimates  for  all  printing  and 
binding  required  by  each  of  the  Executive  Departments,  their  bu- 
reaus and  offices,  and  other  Government  establishments  at  Washing- 
ton, District  of  Columbia,  for  each  fiscal  year;  and  after  the  fiscal 
year  nineteen  hundred  and  seven  no  appropriations  other  than  those 
made  specifically  and  solely  for  printing  and  binding  shall  be  used 
for  such  purposes  in  any  Executive  Department  or  other  Govern- 
ment establishment  in  the  District  of  Columbia:  Provided,  That 
nothing  in  this  section  shall  apply  to  stamped  envelopes,  or  envel- 
opes and  articles  of  stationery  other  than  letter  heads  and  note  heads, 
printed  in  the  course  of  manufacture.    Sec.  2,  Act  of  June  30,  1906 
(34  Stat.  762). 

[This  statute  is  understood  to  supersede  sec.  3661,  R.  S.] 

95.  Salaries. — All  estimates  for  the  compensation  of  officers  author- 
ized by  law  to  be  employed  shall  be  founded  upon  the  express  pro- 
visions of  law,  and  not  upon  the  authority  of  executive  distribution.2 
Sec.  3662,  R.  S. 

96.  Lump  sum  appropriations. — Hereafter  there  shall  be  submitted, 
in  the  annual  Book  of  Estimates,  following  every  estimate  for  a  gen- 

lfThe  policy  of  Congress  in  respect  to  annual  appropriations  is  contained  in 
sections  3060,  3664,  3665,  3675,  3678,  3679,  and  3690  of  the  Revised  Statutes.  A 
reading  of  their  provisions  will  show  conclusively,  we  think,  that  Congress  has 
restricted  in  every  possible  way  the  expenditures  and  expenses  and  liabilities  of 
the  Government,  so  far  as  executive  officers  are  concerned,  to  the  specific  ap- 
propriations of  each  fiscal  year.  (Wilder  v.  U.  S.,  16  Ct.  Cls.,  528,  543.)  The 
estimates  must  relate  to  expenditures  based  upon  the  enactments  of  Congress 
and  not  to  the  payment  of  damages.  (Pitman  v.  U.  S.,  20  id.,  253,  256.)  And 
to  expenditures  for  the  public  service  during  the  ensuing  fiscal  year.  (McCal- 
lum  v.  United  States,  17  id.,  92;  Conn.  Mut.  Life  Ins.  Co.  v.  U.  S.,  21  id., 
195,  200.) 

2  A  statute  which  fixes  the  annual  salary  of  a  public  officer  at  a  designated 
sum,  without  limitation  as  to  time,  is  not  abrogated  by  subsequent  enactments 
appropriating  a  less  lunount  for  his  services  for  a  particular  fiscal  year,  but 
containing  no  words  which  expressly  or  impliedly  repeal  it.  (U.  S.  v.  Lang- 
ston,  118  U.  S.,  389.)  It  is  otherwise,  however,  when  the  sum  appropriated  is 
"  in  full  compensation  "  for  the  salary  of  a  particular  officer,  in  which  case  the 
earlier  act  is  suspended  for  the  time  covered  by  the  appropriation.  (U.  S.  v. 
Fisher,  109  U.  S.,  143;  U.  S.  v.  Mitchell,  id.,  146.)  A  salary  that  is  established 
by  statute  can  not  be  increased  nor  diminished  by  executive  officers.  It  is  not 
a  subject  of  contract  between  such  officers.  The  incumbent  of  an  office  is  en- 
titled to  the  salary  attached  thereto  by  law,  and  if  he  receives  a  less  sum  from 
disbursing  officers,  he  can  claim  and  receive  the  balance.  (Dyer  v.  U.  S.,  20 
Ct.  Cls.,  166,  171;  Adams  v.  U.  S.,  id.,  115.)  Such  recovery  may  be  had  though, 
by  terms  of  his  appointment,  he  was  to  receive  less  and  though  he  may  have 
been  compelled  to  execute  a  receipt  in  full  therefor.  (Id.) 

It  is  not  within  the  power  of  the  head  of  an  Executive  Department  to  reduce 
or  change  the  salary  of  an  officer  which  Congress  has  specifically  prescribed; 
and  an  agreement  to  that  effect,  being  contrary  to  public  policy,  will  not  be 
enforced  or  given  effect  as  an  estoppel.  (Miller  v.  U.  S.,  103  Fed  Rep..  413.) 
But,  for  express  authority  to  reduce  the  salaries  of  clerk's,  see  section  3.  act 
of  August  15,  1876  (19  Stat.  169). 


40  MILITAEY  LAWS   OF   THE  UNITED  STATES. 

eral  or  lump  sum  appropriation  which  exceeds  $250,000  in  amount, 
a  statement  showing  in  parallel  columns : 

First,  the  number  of  persons,  if  any,  intended  to  be  employed  and 
the  rates  of  compensation  to  each,  and  the  amounts  contemplated  to 
be  expended  for  each  of  any  other  objects  or  classes  of  expenditures 
specified  or  contemplated  in  the  estimate;  and 

Second,  the  number  of  persons,  if  any,  employed  and  the  rates  of 
compensation  paid  each,  and  the  amounts  expended  for  each  other 
object  or  class  of  expenditures  out  of  the  appropriation  correspond- 
ing to  the  estimate  so  submitted,  during  the  completed  fiscal  year 
next  preceding  the  period  for  which  the  estimate  is  submitted.  Sec. 
6,  Act  of  Aug.  %  1912  (37  Stat.  487). 

97.  Public  works. — Whenever  any  estimate  submitted  to  Congress 
by  the  head  of  a  Department  asks  an  appropriation  for  any  new 
specific  expenditure,  such  as  the  erection  of  a  public  building,  or 
the  construction  of  any  public  work,  requiring  a  plan  before  the 
building  or  work  can  be  properly  completed,  such  estimate  shall  be 
accompanied  by  full  plans  and  detailed  estimates  of  the  cost  of  the 
whole  work.    All  subsequent  estimates  for  any  such  work  shall  state 
the  original  estimated  cost,  the  aggregate  amount  theretofore  appro- 
priated for  the  same,  and  the  amount  actually  expended  thereupon, 
as  well  as  the  amount  asked  for  the  current  year  for  which  such 
estimate  is  made.    And  if  the  amount  asked  is  in  excess  of  the  orig- 
inal estimate,  the  full  reasons  for  the  excess  and  the  extent  of  the 
anticipated  excess  shall  be  also  stated.    Sec.  3663,  R.  $.,  as  amended 
by  the  Act  of  Feb.  27,  1877  (19  Stat.  249). 

98.  River  and  harbor  works. — Hereafter  the   Secretary   of  War 
shall  annually  submit  estimates  in  detail  for  river  and  harbor  im- 
provements required  for  the  ensuing  year  to  the  Secretary  of  the 
Treasury  to  be  included  in,  and  carried  into,  the  sum  total  of  the 
Book  of  Estimates.    Act  of  June  4, 1897  (30  Stat.  48). 

99.  Statement  of  rented  buildings. — It  shall  be  the  duty  of  the 
heads  of  the  several  Executive  Departments  to  submit  to  Congress 
each  year,  in  the  annual  estimates  of  appropriations,  a  statement  of 
the  number  of  buildings  rented  by  their  respective  Departments,  the 
purposes  for  which  rented,  and  the  annual  rental  of  each.    Act  of 
Mar.  3,  1883  (00  Stat.  562). 

100.  Statement  of  proceeds  of  sales. — A  detailed  statement  of  the 
proceeds  of  all  sales  of  old  material,  condemned  stores,  supplies,  or 
other  public  property  of  any  kind  except  materials,  stores,  or  sup- 
plies sold  to  officers  and  soldiers  of  the  Army,  or  to  exploring  or  sur- 
veying  expeditions   authorized   by   law   shall   be   included    in   the 
appendix  to  the  Book  of  Estimates.    Sec.  367%,  R.  S.,  as  amended 
by  Act  of  Feb.  07,  1877  (19  Stat. 


MILITARY  LAWS  OF  THE  UNITED  STATES.  41 

101.  Same,  and  other,  receipts. — Hereafter  the  Secretary  of  the 
Treasury  shall  require,  and  it  shall  be  the  duty  of  the  head  of  each 
Executive  Department  or  other  Government  establishment  to  fur- 
nish him,  within  thirty  days  after  the  close  of  each  fiscal  year,  a 
statement  of  all  money  arising  from  proceeds  of  public  property  of 
any  kind  or  from  any  source  other  than  the  postal  service,  received 
by  said  head  of  Department  or  other  Government  establishment  dur- 
ing the  previous  fiscal  year  for  or  on  account  of  the  public  service, 
cr  in  any  other  manner  in  the  discharge  of  his  official  duties  other 
than  as  salary  or  compensation,  which  was  not  paid  into  the  Gen- 
eral Treasury  of  the  United  States,  together  with  a  detailed  account 
of  all  payments,  if  any,  made  from  such  funds  during  such  year. 
All  such  statements,  together  with  a  similar  statement  applying  to 
the  Treasury  Department,  shall  be  transmitted  by  the  Secretary  of 
the  Treasury  to  Congress  at  the  beginning  of  each  regular  session. 
Sec.  5,  Act  of  June  30, 1906  (34  Stat.  763). 

102.  Report  on  condition  of  business. — It  shall  be  the  duty  of  the 
he'ad  of  each  Executive  Department  or  other  Government  establish- 
ment in  the  city  of  Washington  to  submit  to  the  first  regular  session 
of  the  Fifty-fourth  Congress,  and  annually  thereafter,  in  the  annual 
Book  of  Estimates,  a  statement  as  to  the  condition  of  business  in  his 
Department  or  other  Government  establishment,  showing  whether 
any  part  of  the  same  is  in  arrears,  and,  if  so,  in  what  divisions  of 
the  respective  bureaus  and  offices  of  his  Department  or  other  Gov- 
ernment establishment  such  arrears  exist,  the  extent  thereof,  and  the 
reasons  therefor,  and  also  a  statement  of  the  number  and  compensa- 
tion of  employees  appropriated  for  in  one  bureau  or  office  who  have 
been  detailed  in  another  bureau  or  office  for  a  period  exceeding  one 
year.    Sec.  7,  Act  of  Mar.  2,  1895  (28  Stat.  808). 

103.  Report  of  inefficient  employees. — It  shall  be  the  duty  of  the 
heads  of  the  several  Executive  Departments  of  the  Government  to 
report  to  Congress  each  year,  in  the  annual  estimates,  the  number  of 
employees  in  each  bureau  and  office  and  the  salaries  of  each  who  are 
below  a  fair  standard  of  efficiency.     Sec.  2,  Act  of  July  11,  1890  (26 
Stat.  268). 

104.  Time  of  making. — Except  where  a  different  time  is  expressly 
prescribed  by  law,  the  various  annual  reports  required  to  be  submit- 
ted to  Congress  by  the  heads  of  Departments  shall  be  made  at  the 
commencement  of  each  regular  session,  and  shall  embrace  the  trans- 
actions of  the  preceding  year.    Sec.  195,  R.  S. 

105.  Clerks   employed. — The   Director  of  the   Census   shall   edit, 
index,  and  publish  the  Official  Register  of  the  United  States,  and 
the  provisions  of  existing  law  imposing  that  duty  upon  the  De- 
partment of  the  Interior  are  hereby  repealed,  and  the  data  to  be 
included  in  the  Official  Register,  which  is  now  required  to  be  trans- 


42  MILITARY  LAWS  OF   THE  UNITED  STATES. 

mitted  to  the  Secretary  of  the  Interior,  shall  hereafter  be  trans- 
mitted to  the  Director  of  the  Census.1  Act  of  June  7,  1906  (34 
Stat.  219). 

106.  When   furnished  printer. — The   head   of   each   Department, 
except  the  Department  of  Justice,  shall  furnish  to  the  Congressional 
Printer  copies  of  the  documents  usually  accompanying  his  annual 
report,  on  or  before  the  first  day  of  November  in  each  year,  and  a 
copy  of  his  annual  report  on  or  before  the  third  Monday  of  Novem- 
ber in  each  year.    Sec.  196,  R.  S. 

107.  Exclusion  of  certain  matters. — The  heads  of  the  Executive 
Departments,  before  transmitting  their  annual  reports  to  Congress, 
the  printing  of  which  is  chargeable  to  this  appropriation,  shall  cause 
the  same  to  be  carefully  examined,  and  shall  exclude  therefrom  all 
matter,   including   engravings,   maps,   drawings,    and   illustrations, 
except  such  as  they  shall  certify  in  their  letters  transmitting  such 
reports  to  be  necessary  and  to  relate  entirely  to  the  transaction  of 
the  public  business.    Act  of  Aug.  30, 1890  (26  Stat.  411). 

108.  Condition  of  business. — Hereafter  it  shall  be  the  duty  of  the 
head  of  each  Executive  Department,  or  other  Government  establish- 
ment at  the  seat  of  Government,  not  under  an  Executive  Department, 
to  make  at  the  expiration  of  each  quarter  of  the  fiscal  year  a  written 
report  to  the  President  as  to  the  condition  of  the  public  business  in 
his    Executive    Department    or    Government    establishment,    and 
whether  any  branch  thereof  is  in  arrears.    Sec.  7,  Act  of  Mar.  15, 
1898  (30  Stat.  317). 

109.  Inventories  of  property. — The  Secretary  of  State,  the  Secre- 
tary of  the  Treasury,  the  Secretary  of  the  Interior,  the  Secretary  of 
War,  the  Secretary  of  the  Navy,  the  Postmaster-General,  the  Attor- 
ney-General, and  Commissioner  of  Agriculture  shall  keep,  in  proper 
books,  a  complete  inventory  of  all  the  property  belonging  to  the 
United  States  in  the  buildings,  rooms,  offices,  and  grounds  occupied 
by  them,  respectively,  and  under  their  charge,  adding  thereto,  from 
time  to  time,  an  account  of  such  property  as  may  be  procured  subse- 
quently to  the  taking  of  such  inventory,  as  well  as  an  account  of 
the  sale  or  other  disposition  of  any  of  such  property,  except  supplies 
of  stationery  and  fuel  in  the  public  offices  and  books,  pamphlets,  and 
papers  in  the  Library  of  Congress.    Sec.  197,  R.  S.,  as  amended  by 
Act  of  Feb.  27,  1877  (19  Stat.  241). 

110.  Penalty  for  failure  to  make. — Every  officer  who  neglects  or 
refuses  to  make  any  return  or  report  which  he  is  required  to  make 
at  stated  times  by  any  act  of  Congress  or  regulation  of  the  Depart- 
ment of  the  Treasury,  other  than  his  accounts,  within  the  time  pre- 

1The  Official  Register  comprises  the  names  of  all  persons  in  the  service  of 
the  United  States,  exclusive  of  the  Postal  Service.  It  is  published  once  every 
two  years.  (See  par.  Ill  post.) 


MILITARY  LAWS   OF   THE   UHlTED   STATES.  43 

scribed  by  such  act  or  regulation,  shall  be  fined  not  more  than  one 
thousand  dollars.  Sec.  101,  Act  of  Mar.  4,  1909,  Criminal  Code 
(35  Stat.  1107). 

111.  The  official  register. — To  enable  the  officer  charged  with  the 
duty  of  preparing  the  Official  Register  of  the  United  States  to  pub- 
lish the  same,  the  Secretary  of  the  Senate,  the  Clerk  of  the  House 
of  .Representatives,  the  head  of  each  Executive  Department  of  the 
Government,  and  the  chief  of  each  and  every  bureau,  office,  com- 
mission, or  institution  not  embraced  in  an  Executive  Department,  in 
connection  with  which  salaries  are  paid  from  the  Treasury  of  the 
United  States,  shall,  on  the  first  day  of  July  in  each  year  in  which 
a  new  Congress  is  to  assemble,  cause  to  be  filed  with  the  Secretary 
of  the  Interior  a  full  and  complete  list  of  all  officers,  agents,  clerks, 
and  other  employees  of  said  Department,  bureau,  office,  commission, 
or  institution  connected  with  the  legislate,  executive,  or  judicial 
service  of  the  Government,  or  paid  from  the  United  States  Treasury, 
including  military  and  naval  officers,  of  the  United  States,  cadets, 
and  midshipmen. 

Said  lists  shall  exhibit  the  salary,  compensation,  and  emoluments 
allowed  to  each  of  said  officers,  agents,  clerks,  and  other  employees, 
the  State  or  country  in  which  he  was  born,  the  State  or  Territory 
and  Congressional  district  and  county  of  which  he  is  a  resident  and 
from  which  he  was  appointed  to  office,  and  where  employed. 

A  list  of  the  names,  force,  and  condition  of  all  ships  and  vessels 
belonging  to  the  United  States,  and  when  and  where  built,  shall  also 
be  filed  with  the  Secretary  of  the  Interior  by  the  heads  of  the  De- 
partments having  supervision  of  such  ships  and  vessels,  for  incorpo- 
ration in  the  Official  Register.  Sec.  73,  Act  of  Jan.  1®,  1895  ($8 
Stat.  618). 

112.  Blanks,  books,  and  forms. — The  Public  Printer  is  authorized 
hereafter  to  procure  and  supply,  on  the  requisition  of  the  head  of 
any  Executive  Department  or  other  Government  establishment,  com- 
plete manifold  blanks,  books,  and  forms,  required  in  duplicating 
processes;  also  complete  patented  devices  with  which  to  file  money- 
order  statements,  or  other  uniform  official  papers,  and  to  charge 
such  supplies  to  the  allotment  for  printing  and  binding  of  the  De- 
partment or  Government  establishment  requiring  the  same.    Act  of 
June  28,  1902  (32  Stat.  481}. 

113.  Books  and  documents — Restrictions. — Hereafter  no  book  or 
document  not  having  to  do  with  the  ordinary  business  transactions 
of  the  Executive  Departments  shall  be  printed  on  the  requisition 
of  any  Executive  Department  or  unless  the  same  "shall  have  been 
expressly  authorized  by  Congress.     Act  of  Mar.  3,  1905  (33  Stat. 
1249). 


44  MILITARY  LAWS  OF   THE  UNITED  STATES. 

114.  Appropriations  chargeable. — Hereafter,  in  the  printing  and 
binding  of  documents  or  reports  emanating  from  the  Executive 
Departments,  bureaus,  and  independent  offices  of  the  Government, 
the  cost  of  which  is  now  charged  to  the  allotment  for  printing  and 
binding  for  Congress,  or  to  appropriations  or  allotments  of  appro- 
priations  other  than  those  made  to   the   Executive  Departments, 
bureaus,  or  independent  offices  of  the  Government,  the  cost  of  illus- 
trations, composition,  stereotyping,  and  other  work  involved  in  the 
actual  preparation  for  printing,  apart  from  the  creation  of  manu- 
script, shall  be  charged  to  the  appropriation  or  allotment  of  appro- 
priation for  the  printing  and  binding  of  the  Department,  bureau, 
or  independent  office  of  the  Government  in  which  such  documents 
or  reports  originate;  the  balance  of  cost  shall  be  charged  to  the  allot- 
ment for  printing  and  binding  for  Congress,  and  to  the  appropria- 
tion or  allotment  of  appropriation  of  the  Executive  Department, 
bureau,  or  independent  office  of  the  Government,  in  proportion  to 
the  number  delivered  to  each;  the  cost  of  any  copies  of  such  docu- 
ments or  reports  distributed  otherwise  than  through  Congress,  or 
the  Executive  Departments,  bureaus,  and  independent  offices  of  the 
Government,  if  such  there  be,  shall  be  charged  as  heretofore:  Pro- 
vided, That  on  or  before  the  first  day  of  December  in  each  fiscal 
year  each  Executive  Department,  bureau,  or  independent  office  of 
the  Government  to  which  an  appropriation  or  allotment  of  appro- 
priation for  printing  and  binding  is  made,  shall  obtain  from  the 
Public  Printer  an  estimate  of  the  probable  cost  of  all  publications 
of  such  Department,  bureau,  or  independent  office  now  required  by 
law  to  be  printed,  and  so  much  thereof  as  would,  under  the  terms 
of  this  resolution,  be  charged  to  the  appropriation  or  allotment  of 
appropriation  of  the  Department,  bureau,  or  independent  office  of 
the  Government  in  which  such  publications  originate,  shall  there- 
upon be  set  aside  to  be  applied  only  to  the  printing  and  binding  of 
such  documents  and  reports,  and  shall  not  be  available  for  any 
other  purpose  until  all  of  such  allotment  of  cost  on  account  of  such 
documents  and  reports  shall  have  been  fully  paid.    Joint  Res.  No.  13, 
of  Mar.  30, 1906  (34  Stat.  825). 

115.  /Same. — No  other  fund  appropriated  by  this  Act,  or  any  other 
Act,  shall  be  used  for  services  or  other  purposes  in  the  Government 
Printing  Office,  or  in  the  office  of  the  superintendent  of  documents, 
of  the  character  specified  in  the  foregoing  paragraphs,  except  in 
cases  of  emergency  arising  after  the  passage  of  this  Act,  and  then 
only  on  the  written  order  of  the  Public  Printer;  and  the  aggregate 
of  all  salaries  or  other  expenses  thus  paid,  in  addition  to  those 
specifically  appropriated  for  above,  shall  be  reported  to  Congress 


MILITARY   LAWS   OF   THE   UNITED   STATES.  45 

each  year  in  connection  with  the  annual  estimates.    Act  of  Mar.  4, 
1909  (35  Stat.  1021). 

116.  Illustrations. — Hereafter  no  part  of  the  appropriations  made 
for  printing  and  binding  shall  be  used  for  any  illustration,  engrav- 
ing, or  photograph  in  any  document  or  report  ordered  printed  by 
Congress  unless  the  order  to  print  expressly  authorizes  the  same,  nor 
in  any  document  or  report  of  any  executive  department  or  other 
Government  establishment  until  the  head  of  the  executive  depart- 
ment or  Government  establishment  shall  certify  in  a  letter  trans- 
mitting such  report  that  the  illustration  is  necessary  and  relates 
entirely  to  the  transaction  of  public  business.    Sec.  1,  Act  of  Mar.  3, 
1905  (33  Stat.  1213). 

117.  Number  of  copies — Two  or  more  editions. — The  number  of 
copies  of  any  public  document  or  report  now  authorized  to  be  printed 
or  which  may  hereafter  be  authorized  to  be  printed  for  any  of  the 
Executive  Departments,  or  bureaus  or  branches  thereof,  or  inde- 
pendent offices  of  the  Government  may  be  supplied  in  two  or  more 
editions,  instead  of  one,  upon  a  requisition  on  the  Public  Printer  by 
the  official  head  of  such  Department  or  independent  office,  but  in 
no  case  shall  the  aggregate  of  said  editions  exceed  the  number  of 
copies  now  authorized,  or  which  may  hereafter  be  authorized.    Joint 
Res.  No.  14,  of  Mar.  30, 1906  ($4  Stat.  826). 

118.  Rented  buildings  in  District  of  Columbia. — Hereafter  no  con- 
tract shall  be  made  for  the  rent  of  any  building,  or  part  of  any 
building,  in  Washington,  not  now  in  use  by  the  Government,  to  be 
used  for  the  purposes  of  the  Government,  until  an  appropriation 
therefor  shall  have  been  made  in  terms  by  Congress.     Act  of  June 
22,  1874  (18  Stat.  144). 

119.  Future  leases  in  District  of  Columbia. — Hereafter  no  contract 
shall  be  made  for  the  rent  of  any  building,  or  part  of  any  building, 
to  be  used  for  the  purposes  of  the  Government  in  the  District  of 
Columbia,  until  an  appropriation  therefor  shall  have  been  made  in 
terms  by  Congress,  and  that  this  clause  be  regarded  as  notice  to  all 
contractors  or  lessors  of  any  such  building  or  any  part  of  building. 
Act  of  March  3, 1877  (19  Stat.  370) . 

120.  Same — Renting  other  buildings. — Where  buildings  are  rented 
for  public  use  in  the  District  of  Columbia,  the  Executive  Depart- 
ments are  authorized,  whenever  it  shall  be  advantageous  to  the  pub- 
lic interest,  to  rent  others  in  their  stead :  Provided,  That  no  increase 
in  the  number  of  buildings  now  in  use,  nor  in  the  amounts  paid  for 
rents,  shall  result  therefrom.     Act  of  Aug.  5,  1882  (22  Stat.  241). 

121.  Recording  clocks  prohibited. — No  money  appropriated  by  this 
act  shall  be  used  for  expense  of  repairing  recording  clocks  used  for 
recording  time  of  clerks  or  other  employees  in  any  of  the  Executive 
Departments  at  Washington,  nor  shall  there  thereafter  be  used  in 


46  MILITAEY  LAWS   OF   THE  UNITED   STATES. 

any  of  the  Executive  Departments  at  Washington  any  such  record- 
ing clocks.    Act  of  Feb.  $4, 18&9  (30  Stat.  864). 

122.  Draping  public  buildings. — Hereafter  no  building  owned,  or 
used  for  public  purposes,  by  the  Government  of  the  United  States, 
shall  be  draped  in  mourning  and  no  part  of  the  public  fund  shall 
be  used  for  such  purposes.    Sec.  3,  Act  of  Mar.  3, 1893  (27  Stat.  715). 

123.  Closing  Departments  on  death  of  ex-official. — Hereafter  the 
Executive  Departments  of  the  Government  shall  not  be  closed  as  a 
mark  to  the  memory  of  any  deceased  ex-official  of  the  United  States. 
Sec.  4,  Act  of  Mar.  3, 1893  (W  Stat.  715). 

124.  Books,  etc.,  of  disbursing  officers  accessible  to  accounting  offi- 
cers.— All  books,  papers,  and  other  matters  relating  to  the  office  or 
accounts  of  disbursing  officers  of  the  Executive  Departments,  and 
commissions,  boards,  and  establishments  of  the  Government  in  the 
District  of  Columbia  shall  at  all  times  be  subject  to  inspection  and 
examination  by  the  Comptroller  of  the  Treasury  and  -the  Auditor  of 
the  Treasury  authorized  to  settle  such  accounts,  or  by  the  duly 
authorized  agents  of  either  of  said  officials.1    Act  of  Feb.  19,  1897 
(29  Stat.  550). 

125.  Department  libraries  depositories  of  public  documents. — The 
libraries  of  the  eight  Executive  Departments,  of  the  United  States 
Military  Academy,  and  United  States  Naval  Academy  are  hereby 
constituted  designated  depositories  of  Government  publications,  and 
the  superintendent  of  documents  shall  supply  one  copy  of  said  publi- 
cations in  the  same  form  as  supplied  to  other  depositories  to  each 
of  said  libraries.    Sec.  98,  Act  of  Jan.  12, 1895  (28  Stat.  624) . 

126.  Postage  stamps  for  official  use. — The  Secretaries,  respectively, 
of  the  Departments  of  State,  of  the  Treasury,  War,  Navy,  and  of 
the  Interior,   and  the  Attorney-General,   are   authorized   to   make 
requisitions  upon  the  Postmaster- General  for  the  necessary  amount 
of  official  postage  stamps  for  the  use  of  their  Departments,  not  ex- 
ceeding the  amount  stated  in  the  estimates  submitted  to  Congress; 
and  upon  presentation  of  proper  vouchers  therefor  at  the  Treasury, 
the  amount  thereof  shall  be  credited  to  the  appropriation  for  the 
service  of  the  Post-Office  Department  for  the  same  fiscal  year.    Sec. 
2,  Act  of  Mar.  3,  1883  (22  Stat.  563). 

127.  Telegraph  connecting  Capitol  with  executive  departments. — 
The  lines  of  telegraph,  connecting  the  Capitol  with  the  various  De- 
partments in  Washington,  constructed  under  and  by  virtue  of  the 
act  of  Congress  approved  March  third,  eighteen  hundred  and  sev- 
enty-three, entitled  "An  act  makirig  appropriations  for  sundry  civil 
expenses  of  the  Government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  seventy-four,  and  for  other  purposes,"  be,  and 

1  Act  of  Mar.  15, 1898,  30  Stat.  316,  is  to  tlie  same  effect. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  47 

the  same  are  hereby,  placed  under  the  supervision  of  the  officer  in 
charge  of  the  public  buildings  and  grounds;  and  that  the  said  officer 
be  authorized  and  empowered  to  make  rules  and  regulations  for 
the  working  of  said  lines.  And  the  Secretary  or  head  of  each  Ex- 
ecutive Department,  and  the  Congressional  Printer,  are  hereby 
authorized  to  detail  one  person  from  their  present  force  of  employees 
to  operate  the  instruments  in  said  Departments  and  Printing  Office, 
and  each  House  of  Congress  may  provide  for  the  employment  of  an 
operator  in  their  respective  wings  of  the  Capitol,  at  a  compensation 
not  exceeding  one  hundred  dollars  per  month,  during  the  sessions 
of  Congress.  Act  of  Feb.  4,  1874  (18  Stat.  14). 

128.  Same — Restrictions. — Said  lines  of  telegraph  shall  be  for  the 
use  only  of  Senators,  Members  of  ^Congress,  Judges  of  the  United 
States  courts,  and  officers  of  Congress  and  of  the  Executive  De- 
partments, and  solely  on  public  business.    Act  of  Mar.  7,  1874  (18 
Stat.  20). 

129.  Destroying,  etc.,  public  records. — Whoever  shall  willfully  and 
unlawfully  conceal,  remove,  mutilate,  obliterate,  or  destroy,  or  at- 
tempt to  conceal,  remove,  mutilate,  obliterate,  or  destroy,  or,  with 
intent  to  conceal,  remove,  mutilate,  obliterate,  destroy,  or  steal,  shall 
take  or  carry  away  any  record,  proceeding,  map,  book,  paper,  docu- 
ment, or  other  thing,  filed  or  deposited  with  any  clerk  or  officer  of 
any  court  of  the  United  States,  or  in  any  public  office,  or  with  any 
judicial  or  public  officer  of  the  United  States,  shall  be  fined  not  more 
than  two  thousand  dollars,  or  imprisoned  not  more  than  three  years, 
or  both.     Sec.  128,  Act  of  Mar.  4,  1909,  Criminal  Code   (35  Stat. 

mi). 

130.  Same — By  custodian. — Whoever,  having  the  custody  of  any 
record,   proceeding,   map,   book,   document,   paper,   or   other   thing 
specified  in  the  preceding  section,  shall  willfully  and  unlawfully 
conceal,  remove,  mutilate,  obliterate,  falsify,  or  destroy  any  such  rec- 
ord,  proceeding,  map,  book,   document,  paper,   or  thing,  shall  be 
fined  not  more  than  two  thousand  dollars,  or  imprisoned  not  more 
than  three  years,  or  both;  and  shall  moreover  forfeit  his  office  and 
be  forever  afterward  disqualified  from  holding  any  office  under  the 
Government  of  the  United  States.    Sec.  129,  Act  of  Mar.  4,  1909, 
Criminal  Code   (35  Stat.  1112). 

131.  Forging,  etc.,  public  records. — Whoever  shall  falsely  make, 
alter,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
altered,  forged,  or  counterfeited,  or  willingly  aid,  or  assist  in  the 
false  making,  altering,  forging,  or  counterfeiting,  any  bond,  bid, 
proposal,  contract,  guarantee,  security,  official  bond,  public  record, 
affidavit,  or  other  writing  for  the  purpose  of  defrauding  the  United 
States;  or  shall  utter  or  publish  as  true,  or  cause  to  be  uttered  or 
published  as  true,  or  have  in  his  possession  with  the  intent  to  utter 


48  MILITARY   LAWS   OF   THE   UNITED   STATES. 

or  publish  as  true,  any  such  false,  forged,  altered,  or  counterfeited 
bond,  bid,  proposal,  contract,  guarantee,  security,  official  bond,  pub- 
lic record,  affidavit,  or  other  writing,  for  the  purpose  of  defrauding 
the  United  States,  knowing  the  same  to  be  false,  forged,  altered,  or 
counterfeited ;  or  shall  transmit  to,  or  present  at,  or  cause  or  pro- 
cure to  be  transmitted  to,  or  presented  at,  the  office  of  any  officer  of 
the  United  States,  any  such  false,  forged,  altered,  or  counterfeited 
bond,  bid,  proposal,  contract,  guarantee,  security,  official  bond,  pub- 
lic record,  affidavit,  or  other  writing,  knowing  the  same  to  be  false, 
forged,  altered,  or  counterfeited,  for  the  purpose  of  defrauding  the 
United  States,  shall  be  fined  not  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  ten  years,  or  both.  Sec.  £8,  Act  of  Mar. 
4,  1909,  Criminal  Code  (35  Stat.  1094). 

132.  Report  to  Congress — Sale. — Whenever  there  shall  be  in  any 
one  of  the  Executive  Departments  of  the  Government  an  accumula- 
tion of  files  of  papers,  which  are  not  needed  or  useful  in  the  trans- 
action of  the  current  business  of  such  Department  and  have  no  per- 
manent value  or  historical  interest,  it  shall  be  the  duty  of  the  head 
of  such  Department  to  submit  to  Congress  a  report  of  that  fact, 
accompanied  by  a  concise  statement  of  the  condition  and  character 
of  such  papers.     And  upon  the  submission  of  such  report,  it  shall 
be  the  duty  of  the  presiding  officer  of  the  Senate  to  appoint  two 
Senators,  and  of  the  Speaker  of  the  House  of  Eepresentatives  to  ap- 
point two  Eepresentatives,  and  the  Senators  and  Representatives  so 
appointed  shall  constitute  a  joint  committee,  to  which  shall  be  re- 
ferred such  report,  with  the  accompanying  statement  of  the  condi- 
tion and  character  of  such  papers,  and  such  joint  committee  shall 
meet  and  examine  such  report  and  statement  and  the  papers  therein 
described,  and  submit  to  the  Senate  and  House,  respectively,  a  re- 
port of  such  examination  and  their  recommendation.     And  if  they 
report  that  such  files  of  papers  or  any  part  thereof  are  not  needed 
or  useful  in  the  transaction  of  the  current  business  of  such  Depart- 
ment, and  have  no  permanent  value  or  historical  interest,  then  it 
shall  be  the  duty  of  such  head  of  the  Department  to  sell  as  waste 
paper,  or  otherwise  dispose  of  such  files  of  papers  upon  the  best 
obtainable  terms  after  due  publication  of  notice  inviting  proposals 
therefor,  and  receive  and  pay  the  proceeds  thereof  into  the  Treasury 
of  the  United  States,  and  make  report  thereof  to  Congress.     Act  of 
Feb.  16, 1889  (25  Stat.  672). 

133.  Same. — The  act  entitled  "An  act  to  authorize  and  provide  for 
the  disposition  of  useless  papers  in  the  Executive  Departments,"  ap- 
proved February  sixteenth,  eighteen  hundred  and  eighty-nine,  is 
hereby  amended  so  as  to  include  in  its  provisions  any  accumulation 
of  files  of  papers  of  a  like  character  therein  described  now  or  here- 
after in  the  various  public  buildings  under  the  control  of  the  several 


MILITARY  LAWS   OF   THE  UNITED   STATES.  49 

Executive  Departments  of  the  Government.     Act  of  Mar.  #,  1895 
(V8Stat.93S). 

134.  Subpoenas — Depositions. — Any  head  of  a  Department  or  Bu- 
reau in  which  a  claim  against  the  United  States  is  properly  pending 
may  apply  to  any  judge  or  clerk  of  any  court  of  the  United  States, 
in  any  State,  District,  or  Territory,  to  issue  a  subpoena  for  a  witness 
being  within  the  jurisdiction  of  such  court,  to  appear  at  a  time  and 
place  in  the  subpoena  stated,  before  any  officer  authorized  to  take 
depositions  to  be  used  in  the  courts  of  the  United  States,  there  to 
give  full  and  true  answers  to  such  written  interrogatories  and  cross- 
interrogatories  as  may  be  submitted  with  the  application,  or  to  be 
orally  examined  and  cross-examined  upon  the  subject  of  such  claim. 
Sec.  184,  R.  S. 

135.  Witness  fees. — Witnesses  subpoenaed  pursuant  to  the  preced- 
ing section  shall  be  allowed  the  same  compensation  as  is  allowed 
witnesses  in  the  courts  of  the  United  States.    Sec.  185,  R.  S. 

136.  Compelling    testimony. — If   any   witness,   after   being   duly 
served  with  such  subpoena,  neglects  or  refuses  to  appear,  or,  ap- 
pearing, refuses  to  testify,  the  judge  of  the  district  in  which  the 
subpoena  issued  may  proceed,  upon  proper  process,  to  enforce  obedi- 
ence to  the  subpoena,  or  to  punish  the  disobedience,  in  like  manner 
as  any  court  of  the  United  States  may  do  in  case  of  process  of 
subpoena  ad  testificandum  issued  by  such  court.    Sec.  186,  R.  S. 

137.  Professional  assistance. — Whenever  any  head  of  a  Department 
or  Bureau  having  made  application  pursuant  to  section  one  hundred 
and  eighty-four,  for  a  subpoena  to  procure  the  attendance  of  a  wit- 
ness to  be  examined,  is  of  opinion  that  the  interests  of  the  United 
States  require  the   attendance  of   counsel   at  the  examination,   or 
require  legal  investigation  of  any  claim  pending  in  his  Department 
or  Bureau,  he  shall  give  notice  thereof  to  the  Attorney- General,  and 
of  all  facts  necessary  to  enable  the  Attorney- General  to  furnish 
proper  professional  service  in  attending  such  examination,  or  mak 
ing  such  investigation,  and  it  shall  be  the  duty  of  the  Attorney- 
General  to  provide  for  such  service.    Sec.  187,  R.  S. 

138.  Employment  of  legal  services. — No  head  of  a  Department 
shall  employ  attorneys  or  counsel  at  the  expense  of  the  United 
States,  but  shall,  when  in  need  of  counsel  or  advice,  call  upon  the 
Department  of  Justice,  the  officers  of  which  shall  attend  to  the  same. 
Sec.  189,  R.  S. 

139.  Evidence  furnished  to  Court  of  Claims. — In  all  suits  brought 
against  the  United  States  in  the  Court  of  Claims  founded  upon 
any  contract,  agreement,  or  transaction  with  any  Department,  or 
any  Bureau,  officer,  or  agent  of  a  Department,  or  where  the  matter 
or  thing  on  which  the  claim  is  based  has  been  passed  upon  and 
decided  by  any  Department,  Bureau,  or  officer  authorized  to  adjust 

48985°— 15 4 


50  MILITAEY  LAWS   OF   THE  UNITED   STATES. 

it,  the  Attorney- General  shall  transmit  to  such  Department,  Bureau, 
or  officer,  a  printed  copy  of  the  petition  filed  by  the  claimant,  with  a 
request  that  the  Department,  Bureau,  or  officer,  shall  furnish  to  the 
Attorney-General  all  facts,  circumstances,  and  evidence  touching 
the  claim  in  the  possession  or  knowledge  of  the  Department,  Bureau, 
or  officer.  Such  Department,  Bureau,  or  officer  shall,  without  delay, 
and  within  a  reasonable  time,  furnish  the  Attorney-General  with  a 
full  statement,  in  writing,  of  all  such  facts,  information,  and  proofs. 
The  statement  shall  contain  a  reference  to  or  description  of  all  such 
official  documents  or  papers,  if  any,  as  may  furnish  proof  of  facts 
referred  to  in  it,  or  may  be  necessary  and  proper  for  the  defense  of 
the  United  States  against  the  claim,  mentioning  the  Department, 
office,  or  place  where  the  same  is  kept  or  may  be  procured.  If  the 
claim  has  been  passed  upon  and  decided  by  the  Department,  Bureau, 
or  officer,  jthe  statement  shall  succinctly  state  the  reasons  and  prin- 
ciples upon  which  such  decision  was  based.  In  all  cases  where  such 
decision  was  founded  upon  any  act  of  Congress,  or  upon  any  section 
or  clause  of  such  act,  the  same  shall  be  cited  specifically ;  and  if  any 
previous  interpretation  or  construction  has  been  given  to  such  act, 
section,  or  clause  by  the  Department,  Bureau,  or  officer,  the  same 
shall  be  set  forth  succinctly  in  the  statement,  and  a  copy  of  the 
opinion  filed,  if  any,  shall  be  annexed  to  it.  Where  any  decision  in 
the  case  has  been  based  upon  any  regulation  of  a  Department,  or 
where  such  regulation  has,  in  the  opinion  of  the  Department,  Bureau, 
or  officer  transmitting  such  statement,  any  bearing  upon  the  claim 
in  suit,  the  same  shall  be  distinctly  quoted  at  length  in  the  statement. 
But  where  more  than  one  case,  or  a  class  of  cases,  is  pending,  the 
defense  to  which  rests  upon  the  same  facts,  circumstances,  and  proofs, 
the  Department,  Bureau,  or  officer  shall  only  be  required  to  certify 
and  transmit  one  statement  of  the  same,  and  such  statement  shall 
be  held  to  apply  to  all  such  cases,  as  if  made  out,  certified,  and  trans- 
mitted in  each  -case  respectively.  Sec.  188,  R.  8. 

140.  Prosecution  of  claims  ~by  ex-employees. — It  shall  not  be  lawful 
for  any  person  appointed  after  the  first  day  of  June,  one  thousand 
eight  hundred  and  seventy-two,  as  an  officer,  clerk,  or  employee  in 
any  of  the  Departments,  to  act  as  counsel,  attorney,  or  agent  for 
prosecuting  any  claim  against  the  United  States  which  was  pend- 
ing in  either  of  said  Departments  while  he  was  such  officer,  clerk, 
or  employee,  nor  in  any  manner,  nor  by  any  means,  to  aid  in  the 
prosecution  of  any  such  claim,  within  two  years  next  after  he  shall 
have  ceased  to  be  such  officer,  clerk,  or  employee.  Sec.  190 s  R.  S. 

(See  XVIII  Opin.  Att.  Gen.,  125,  136;  XIX  id.,  328;  XX  id.,  657.) 


CHAPTER  III. 


THE  DEPAETMENT  OF  WAR. 


Par. 

The  War  Department 141-162 

Secretary  of  War,  Department  of 
War 141 

Assistant  Secretary  of  War 142 

Absence  or  illness  of  Secretary  of 

War 143 

Assistant  and  chief  clerk 144 

Temporary  absence  of  Secretary 

ofWar 145 

Absence  of  bureau  chiefs 146 

Duties  of  the  Secretary  of  War. .  147 
Secretary   of  War  custodian   of 

department  property,  etc 148 

Secretary  of  War  to  cause  colors, 

etc.,  to  be  collected 149 

Transports  not  to  be  sold  without 

consent  of  Congress 150 

Transport  service  not  to  be  dis- 
continued without  action  of 

Congress 

United  States  vessels  to  be  pre- 
ferred in  transporting  supplies, 
etc... 


151 


152 


Par. 


The  War  Department — Continued. 
Detail  of  employees  to  administer 

oaths 153 

Superintendent  of   State,    War, 

and  Navy  building -. . . .  154 

Bureau  of  Insular  Affairs 155 

Chief  of  Bureau  of  Insular  Affairs 

to  rank  as  brigadier  general...  156 
Assistant,  Bureau  of  Insular  Af- 
fairs   157 

Same 158 

Same 159 

Secretary  of  War  authorized  to 
deliver  obsolete  cannon  to 

Volunteer  and  State  Homes 160 

No  additional  compensation 161 

Secretary  of  War  to  determine 
and  adjust  claims  for  damages 
due  to  heavy  gun  fire,  target 
practice,  etc.,  in  connection 
with  maneuvers...  .  162 


141.  Secretary  of  War — Department  of  War. — There  shall  be  at 
the  seat  of  Government  an  Executive  Department  to  be  known  as 
the  Department  of  War,  and  a  Secretary  of  War,  who  shall  be  the 
head  thereof.1    Sec.  214,  R.  S. 

142.  Assistant  Secretary  of  War. — There  shall  be  in  the  Depart- 
ment of  War  an  Assistant  Secretary  of  War,  who  shall  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 

1The  Department  of  War  and  the  office  of  Secretary  of  War  were  created  by 
the  act  of  August  7,  1789  (1  Stat.  49).  The  powers  and  duties  of  the  Secre- 
tary of  War  were  defined  in  an  ordinance  of  Congress  dated  January  27,  1785 
(1  Stat.  49,  note  5).  The  office  of  Secretary  of  War  included  that  of  Secre- 
tary of  the  Navy  until  April  30,  1798,  when  the  Department  of  the  Navy  was 
established,  and  so  much  of  the  act  of  August  7,  1789,  as  imposed  duties  upon 
the  Secretary  of  War  in  connection  therewith  was  repealed  (1  Stat.  553). 
For  statutory  provisions  respecting  a  temporary  vacancy  in  the  office  of  Secre- 
tary of  War  see  paragraphs  13  to  18,  ante. 

51 


52  MILITARY  LAWS   Off   THE   UNITED   STATES. 

and  shall  be  entitled  to  a  salary  of  four  thousand  five  hundred  dol- 
lars a  year,  payable  monthly,  and  who  shall  perform  such  duties  in 
the  Department  of  War  as  shall  be  prescribed  by  the  Secretary  or 
may  be  required  by  law.1  Act  of  Mar.  5, 1890  (26  Stat.  17). 

143.  Absence  or  illness  of  Secretary  of  War. — The  President  may 
authorize  and  direct  the  Commanding  General  of  the  Army  or  the 
chief  of  any  military  bureau  of  the  War  Department  to  perform  the 
duties  of  the  Secretary  of  War  under  the  provisions  of  section  one 
hundred  and  seventy-nine  of  the  Revised  Statutes,  and  section  twelve 
hundred  and  twenty-two  of  the  Revised  Statutes  shall  not  be  held 
or  taken  to  apply  to  the  officer  so  designated  by  reason  of  his  tem- 
porarily performing  such  duties.    Act  of  Aug.  5, 1882  (22  Stat.  238) . 

144.  Assistant  and  chief  clerk. — There  shall  be  in  the  said  Depart- 
ment an  inferior  officer,  to  be  appointed  by  said  principal  officer,  to 
be  employed  therein  as  he  shall  deem  proper,  and  to  be  called  the 
chief  clerk  in  the  Department  of  War,  and  who,  whenever  the  said 
principal  officer  shall  be  removed  from  office  by  the  President  of 
the  United  States,  or  in  any  other  case  of  vacancy,  shall,  during  such 
vacancy,  have  the  charge  and  custody  of  all  records,  books,  and 
papers  appertaining  to  the  said  Department.    Act  of  Feb.  27,  1877 
(19  Stat.  2Jtl) ,  amending  Sec.  215,  R.  S. 

(Now  assistant  and  chief  clerk.    Act  of  May  11,  1908  (35  Stat.  213).) 

145.  Temporary  absence  of  Secretary  of  War. — When,  from  illness 
or  other  cause,  the  Secretary  of  War  is  temporarily  absent  from  the 
War  Department,  he  may  authorize  the  chief  clerk  of  the  Depart- 
ment to  sign  requisitions  upon  the  Treasury  Department,  and  other 
papers  requiring  the  signature  of  said  Secretary;  the  same,  when 
signed  by  the  chief  clerk  during  such  temporary  absence,  to  be  of 
the  same  force  and  effect  as  if  signed  by  the  Secretary  of  War  him- 
self.    Act  of  Mar.  4, 187 ^  (18  Stat.  19). 

(For  the  general  duties  of  chief  clerks  see  Chapter  II,  ante.) 

146.  Absence  of  bureau  chief. — During  the  absence  of  the  Quarter- 
master-General, or  the  chief  of  any  military  bureau  of  the  War  De- 
partment, the  President  is  authorized  to  empower  some  officer  of 
the   department   or   corps   whose   chief   is   absent   to   take   charge 
thereof,  and  to  perform  the  duties  of  Quartermaster-General,  or 
chief  of  department  or  corps,  as  the  case  may  be,  during  such  ab- 

xThe  act  of  August  5,  1882  (22  Stat.  237),  authorizing  the  appointment  of  an 
Assistant  Secretary  of  War  was  repealed  by  the  act  of  July  7,  1884  (23  Stat 
179),  the  power  conferred  by  the  act  of  August  5,  1882,  never  having  been 
exercised.  In  the  case  of  Ryan  v.  U.  S.,  136  U.  S.,  18,  80,  it  was  held  that  the 
authority  vested  in  the  Secretary  of  War  could  in  his  absence  be  exercised  by 
the  officer  who  under  the  law  became  for  the  time  Acting  Secretary  of  War. 
The  salary  of  the  Assistant  Secretary  of  War  was  increased  to  $5,000  by  act  of 
May  22,  1908  (35  Stat.  213). 


MILITAEY   LAWS   OF    THE   UNITED   STATES.  53 

sence.1    Sec.  113%,  R.  8.,  as  amended  by  the  Act  of  Feb.  £5, 1877  (19 
Stat.  242). 

147.  Duties  of  the  Secretary  of  War. — The  Secretary  of  War  shall 
perform  such  duties  as  shall  from  time  to  time  be  enjoined  on  or 
intrusted  to  him  by  the  President  relative  to  military  commissions,  the 
military  forces,  the  warlike  stores  of  the  United  States,  or  to  other 
matters  respecting  military  affairs ;  and  he  shall  conduct  the  business 
of  the  Department  in  such  manner  as  the  President  shall  direct.2 
Sec.  216,  E.  S.  (see  sees.  3660-3665,  3669,  R.  S.}. 

148.  Secretary  of  War  custodian  of  department  property,  etc. — 
The  Secretary  of  War  shall  have  the  custody  and  charge  of  all  the 
books,  records,  papers,  furniture,  fixtures,  and  other  property  apper- 
taining to  the  Department.    Sec.  217,  R.  S. 

'This  section  contains  the  substance  of  section  5  of  the  act  of  July  4,  1836 
(5  Stat.  117),  which  was  passed  in  order  to  enable  Q.  M.  Gen.  Thos.  S.  Jesup 
to  exercise  command  of  the  troops  engaged  in  the  prosecution  of  the  Florida 
war.  General  Jesup  served  under  this  assignment  from  May  19,  1836,  to  July 
7,  1838,  when  he  resumed  the  performance  of  his  duties  as  Quartermaster- 
General  in  the  War  Department. 

2  The  Secretary  of  War  is  the  regular  constitutional  organ  of  the  President 
for  the  administration  of  the  Military  Establishment  of  the  Nation;  and  rules 
and  orders  publicly  promulgated  through  him  must  be  received  as  the  acts  of 
the  Executive  and,  as  such,  be  binding  upon  all  within  the  sphere  of  his  legal 
and  constitutional  authority.  Such  regulations  can  not  be  questioned  or  defied 
because  they  may  be  thought  unwise  or  mistaken.  The  right  of  so  consider- 
ing and  treating  the  authority  of  the  Executive,  vested  as  it  is  with  the  com- 
mand of  the  military  and  naval  forces,  could  not  be  intrusted  to  officers  of  any 
£:rade  inferior  to  the  Commander  in  Chief;  its  consequence,  if  tolerated,  would 
be  a  complete  disorganization  of  both  the  Army  and  Navy.  (U.  S.  v.  Eliason, 
16  Pet.,  291,  302;  Wilcox  v.  Jackson,  13  Pet,  498,  513;  Wolsey  v.  Chapman, 
101  U.  S.,  755;  Runkle  v.  U.  S.,  122  U.  S.,  543,  557;  U.  S.  v.  Adams,  7  Wall., 
463.)  The  Secretary  of  War  is  not  required  to  perform  duties  in  the  field. 
He  does  not  compose  any  part  of  the  Army,  and  has  no  service  to  perform  that 
may  not  be  done  at  the  seat  of  government.  (I  Opin.  Att.  Gen.,  457;  U.  S.  v. 
Burns,  12  Wall.,  246;  see  also  note  2  to  par.  5,  and  the  title  Bridges  over  the 
navigable  waters  of  the  United  States,  in  the  chapter  entitled  "  The  Corps  of 
Engineers." ) 

Duties  imposed  ~by  statute.— In  addition  to  his  duties  as  the  constitutional 
organ  of  the  President  for  the  administration  of  the  Military  Establishment, 
the  Secretary  of  War  is,  by  other  statutes,  charged  with  the  supervision  of  the 
administration  of  the  several  bureaus  or  offices  of  the  War  Department,  their 
estimates,  contracts,  expenditures,  reports,  and  returns  being  under  his  sole 
direction  and  control.  He  has  also  been  charged,  from  time  to  time,  with  the 
execution  of  laws  relating  to  national  cemeteries,  the  Soldiers'  Home,  the 
National  Home  for  Disabled  Volunteer  Soldiers,  the  military  prison,  the  detail 
of  officers  to  colleges,  the  distribution  of  relief  to  sufferers  by  fire,  flood,  or  by 
the  failure  of  crops,  due  to  drought  or  other  causes,  the  construction  and  opera- 
tion of  canals,  roads,  and  lines  of  telegraph,  the  location  and  construction  of 
bridges  over  the  navigable  waters  of  the  United  States,  of  railroads  through 
the  public  lands,  the  protection  of  settlers  and  emigrants,  the  establishment  of 
harbor  lines,  the  adjustment  of  claims,  the  establishment  and  maintenance  of 
national  military  parks,  and  the  location,  marking,  and  preservation  of  lines 
of  battle  on  the  battlefields  of  the  Civil  War.  Since  the  act  of  June  28,  1864, 
all  statutes  authorizing  the  construction  of  works  of  river  and  harbor  improve- 
ment have  contained  the  provision  that  the  sums  appropriated  shall' be  ex- 
pended under  his  direction.  The  Military  Academy  and  the  schools  of  applica- 
tion at  Willets  Point,  Fortress  Monroe,  and  at  Forts  Leavenworth  and  Kiley 
are  also  carried  on  under  the  immediate  supervision  of  the  Secretary  of  War. 
By  the  act  of  April  10,  1878,  the  Secretary  of  War  is  authorized  to  prescribe 
rules  and  regulations  to  be  observed  in  the  preparation,  submission,  and  opening 
of  bids  for  contracts  under  the  War  Department. 


54  MILITARY  LAWS   OF   THE  UNITED   STATES. 

149.  Secretary  of  War  to  cause  colors,  etc.,  to  be  collected. — The 
Secretary  of  War  shall  from  time  to  time  cause  to  be  collected  and 
transmitted  to  him,  at  the  seat  of  government,  all  such  flags,  stand- 
ards, and  colors  as  are  taken  by  the  Army  from  the  enemies  of  the 
United  States.    Sec.  218,  R.  S. 

150.  Transports  not  to  l>e  sold  without  consent  of  Congress. — No 
steamship  in  the  transport  service  of  the  United  States  shall  be  sold 
or  disposed  of  without  the  consent  of  Congress  having  been  first  had 
or  obtained.    Act  of  Mar.  2, 1903  (32  Stat.  938). 

151.  Transport  service  not  to  be  discontinued  without  action  of 
Congress. — No  action  looking  to  the  discontinuance  of  the  transport 
service  shall  be  taken  without  further  action  of  Congress.    Id. 

152.  United  /States  vessels  to  be  preferred  in  transporting  supplies, 
etc. — Vessels   of   the   United   States,   or  belonging  to  the   United 
States,  and  no  others,  shall  be  employed  in  the  transportation  by 
sea  of  coal,  provisions,  fodder,  or  supplies  of  any  description,  pur- 
chased pursuant  to  law,  for  the  use  of  the  Army  or  Navy  unless  the 
President  shall  find  that  the  rates  of  freight  charges  by  said  vessels 
are  excessive  and  unreasonable,  in  which  case  contracts  shall  be 
made  under  the  law  as  it  now  exists:  Provided,  That  no  greater 
charges  be  made  by  such  vessels  for  transportation  of  articles  for 
the  use  of  the  said  Army  and  Navy  than  are  made  by  such  vessels 
for  transportation  of  like  goods  for  private  parties  or  companies. 
Act  of  Apr.  28,  1904  (33  Stat.  518}. 

153.  Detail  of  employees  to  administer  oaths. — The  Secretary  of 
War  is  authorized  to  detail  one  or  more  of  the  employees  of  the  War 
Department  for  the  purpose  of  administering  the  oaths  required 
by  law  in  the  settlement  of  officers'  accounts  for  clothing,  camp  and 
garrison  equipage,  quartermaster's  stores,  and  ordnance,  which  oaths 
shall  be  administered  without  expense  to  the  parties  taking  them. 
Sec.  225,  R.  S. 

154.  Superintendent    of    State,    War,    and   Navy    building. — The 
President  is  hereby  authorized  and  directed  to  designate  from  the 
Engineer  Corps  of  the  Army  or  the  Navy,  an  officer  well  qualified 
for  the  purpose,  who  shall  be  detailed  to  act  as  superintendent  of  the 
completed  portions  of  the  State,  War,  and  Navy  Department  build- 
ing, under  direction  of  the  Secretaries  of  State,  War,  and  Navy, 
who  are  hereby  constituted  a  commission  for  the  purposes  of  the 
care  and  supervision  of  said  building,  as  hereinafter  specified.    Said 
officer  shall  have  charge  of  said  building,  and  all  the  engines,  ma- 
chinery, steam  and  water  supply,  heating,  lighting,  and  ventilating 
apparatus,  elevators,  and  all  other  fixtures  in  said  building,  and 
all  necessary  repairs  and  alterations  thereof,  as  well  as  the  direction 
and  control  of  such  force  of  engineers,  watchmen,  laborers,  and 


MILITARY  LAWS   OF   THE  UNITED   STATES.  55 

others  engaged  about  the  building  or  the  apparatus  under  his  super- 
vision; of  the  cleaning  of  the  corridors  and  water  closets;  of  the 
approaches,  side-walks,  lawns,  court-yards,  and  areas  of  the  build- 
ing, and  of  all  rooms  in  the  sub-basement  which  contain  the  boilers 
and  other  machinery,  or  so  much  of  said  rooms  as  may  be  indispen- 
sable to  the  proper  performance  of  his  duties  as  herein  provided.1 
Act  of  Mar.  3, 1883  (88  Stat.  553). 

155.  Bureau  of  Insular  Affairs. — The  Division  of  Insular  Affairs 
of  the  War  Department,  -organized  by  the  Secretary  of  War,  is 
hereby  continued  until  otherwise  provided,  and  shall  hereafter  be 
known  as  the  Bureau  of  Insular  Affairs  of  the  War  Department. 
The  business  assigned  to  said  Bureau  shall  embrace  all  matters  per- 
taining to  civil  government  in  the  island  possessions  of  the  United 
States  subject  to  the  jurisdiction  of  the  War  Department;  and  the 
Secretary  of  War  is  hereby  authorized  to  detail  an  officer  of  the 
Army  whom  he  may  consider  especially  well  qualified,  to  act  under 
the  authority  of  the  Secretary  of  War  as  the  chief  of  said  Bureau; 
and  said  officer  while  acting  under  said  detail  shall  have  the  rank, 
pay,  and  allowances  of  a  colonel.    Sec.  87,  Act  of  July  1,  1902  (32 
Stat.  712). 

156.  Chief  of  Bureau  of  Insular  Affairs  to  rank  as  brigadier  gen- 
eral.— The  Chief  of  the  Bureau  of  Insular  Affairs  of  the  War  De- 
partment shall  hereafter  be  appointed  Uy  the  President  for  the 
period  of  four  years,  unless  sooner  relieved,  with  the  advice  and 
consent  of  the  Senate,  and  while  holding  that  office  he  shall  have  the 
rank,  pay,  and  allowances  of  a  brigadier  general.    Act  of  June  25, 
1906  (34  Stat.  456). 

157.  Assistant,  Bureau  of  Insular  Affairs. — The  Secretary  of  War 
is  hereby  authorized  to  detail  an  officer  of  the  Army,  whom  he  may 
consider  especially  well  qualified,  to  act  as  principal  assistant  to  the 
Chief  of  the  Bureau  of  Insular  Affairs  of  the  War  Department,  and 
said  principal  assistant  while  acting  under  said  detail  shall  have  the 
rank,  pay,  and  allowances  of  a  major.    Act  of  Mar.  2,  1907  (34  Stat. 
1162). 

158.  Same. — The  provisions  of  section  twenty-seven  of  the  Act  of 
February  second,  nineteen  hundred  and  one,  with  reference  to  the 
transfer  of  officers  of  the  line  to  the  departments  of  the  staff  for 
tours  of  service,  shall  apply  to  the  vacancy  created  by  this  Act  and  to 
the  return  of  the  officer  so  detailed  to  the  line  of  the  Army.    Id. 

159.  Same. — The  Secretary  of  War  is  hereby  authorized  to  detail 
one  additional  officer  of  the  army  as  assistant  to  the  Chief  of  the 

1The  Mills  Building  and  the  Navy  Department  Annex  are  also  under  the 
charge  of  the  Superintendent  of  the  State,  War,  and  Navy  building.  (Act  of 
May  22,  1908,  35  Stat.  218.) 


56  MILITARY  LAWS   OF   THE   UNITED   STATES. 

Bureau  of  Insular  Affairs,  under  the  same  provisions  of  law  in  re- 
gard to  the  vacancy  in  the  line  thus  created  and  return  to  the  line 
as  govern  in  the  case  of  the  assistant  authorized  by  the  Act  of  March 
second,  nineteen  hundred  and  seven;  and  the  assistant  herein  au- 
thorized while  serving  in  this  capacity  shall  have  the  rank,  pay,  and 
allowances  of  colonel;  and  both  officers  detailed  in  the  Bureau  of 
Insular  Affairs  shall  hereafter  be  designated,  while  on  this  duty, 
as  assistants  to  the  chief  of  the  bureau.  Act  of  Mar.  23,  1910  (36 
Stat.  248). 

160.  Secretary  of  War  authorized  to  deliver  obsolete  cannon  to 
Volunteer  and  State  Homes. — The  Secretary  of  War     *     *     *     is 
authorized  and  directed,  subject  to  such  regulations  as  he  may  pre- 
scribe, to  deliver  to  any  of  the  "  National  Homes  for  Disabled  Vol- 
unteer Soldiers"  already  established  or  hereafter  established  and 
to  any  of  the  State  Homes  for  soldiers  and  sailors  or  either  now  or 
hereafter  duly  established  and  maintained  under  State  authority, 
such  obsolete  serviceable  cannon,  bronze  or  iron,  suitable  for  firing 
salutes,  as  may  be  on  hand  undisposed  of,  not  exceeding  two  to  any 
one  Home.    Act  of  Feb.  8, 1889  (25  Stat.  657). 

161.  No  additional  compensation. — Hereafter  it  shall  be  unlawful 
to  allow  or  pay  to  any  of  the  persons  designated  in  this  act  any  addi- 
tional compensation  from  any  source  whatever,  or  to  retain,  detail, 
or  employ  in  any  branch  of  the  War  Department  in  the  city  of 
Washington  any  persons  other  than  those  herein  authorized,1  ex- 
cept in  the  Signal  Offices  and  the  Engineer  Corps,  and  except  such 
commissioned  officers  as  the  Secretary  of  War  may,  from  time  to 
time,  assign  to  special  duties.    Act  of  June  £0, 1874  (18  Stat.  101). 

162.  Secretary  of  War  to  determine  and  adjust  claims  for  damages 
due   to   heavy   gun  fire,   target  practice,   etc.,   in   connection   with 
maneuvers. — That  hereafter  the  Secretary  of  War  is  authorized  to 
consider,  ascertain,  adjust,  and  determine  the  amounts  due  on  all 
claims  for  damages  to  and  loss  of  private  property  when  the  amount 
of  the  claim  does  not  exceed  the  sum  of  one  thousand  dollars,  occa- 
sioned by  heavy  gun  fire  and  target  practice  of  troops,  and  for  dam- 
ages to  vessels,  wharves,  and  other  private  property,  found  to  be 
due  to  maneuvers  or  other  military  operations  for  which  the  Govern- 
ment is  responsible,  and  report  the  amounts  so  ascertained  and  deter- 
mined to  be  due  the  claimants  to  Congress  at  each  session  thereof 
through  the  Treasury  Department  for  payment  as  legal  claims  out 
of  appropriations  that  may  be  made  by  Congress  therefor.    Act  of 
Aug.  24, 1912  (37  Stat.  586). 

1  The  act  specifies  the  number  of  clerks  who  may  be  employed  in  the  War 
Department.  Since  1874  the  number  of  clerks  has  been  changed  by  legislation, 
but  the  general  rule  set  forth  above  would  appear  to  be  still  in  force. 


CHAPTER  IV. 


PROVISIONS  APPLICABLE  TO   SEVERAL  CLASSES   OF 

OFFICERS. 


Par. 
The  civil  service 163-177 

President  to  establish  civil- 
service  regulations 163 

Appointments  to  civil  office; 
preferences 164 

Recommendation  of  military 
persons  for  private  employ- 
ment  165 

Examination  for  the  civil 
service 166 

Salaries 167 

Same 168 

Persons  drawing  $2,500  yearly 
compensation  not  to  hold 
second  office—  _  169 


Par. 
The  civil  service — Continued. 

No  extra  allowances  for  dis- 
bursing money,  etc 170 

Lalse  entry  by  officer  or  agent-  171 
Officers,  etc.,  not  to  solicit  or 
receive     political     contribu- 
tions  172 

Same 173 

Same 174 

Same 175 

Same,  penalty 176 

No  officer  or  clerk  to   solicit 
for  gift  to  superior 177 


163.  President  to  establish  civil  service  regulation. — The  President 
is  authorized  to  prescribe  such  regulations  for  the  admission  of  per- 
sons into  the  civil  service  of  the  United  States  as  may  best  promote 
the  efficiency  thereof,  and  ascertain  the  fitness  of  each  candidate  in 
respect  to  age,  health,  character,  knowledge,  and  ability  for  the 
branch  of  the  service  into  which  he  seeks  to  enter ;  and  for  this  pur- 
pose he  may  employ  suitable  persons  to  conduct  such  inquiries,  and 
may  prescribe  their  duties,  and  establish  regulations  for  the  conduct 
of  persons  who  may  receive  appointments  in  the  civil  service.1  Sec. 
1753,  R.  S. 

1  Neither  section  1753,  Revised  Statutes,  nor  the  civil  service  act  of  January 
16,  1883  (22  Stat.  403),  puts  any  restrictions  upon  the  power  of  removal  from 
appointive  offices  except  for  refusal  to  contribute  to  political  funds  or  neglect 
to  render  political  service;  hence  Presidential  Rule  II,  relating  to  the  civil  serv- 
ice and  providing  (as  amended  July  27,  1897),  that  no  removal  shall  be  made 
without  giving  the  accused  notice  and  an  opportunity  to  make  defense,  has 
no  such  authority  at  law  as  confers  upon  the  holder  of  an  office  a  vested  right 
thereto,  with  the  right  to  invoke  the  equitable  power  of  the  courts  to  restrain 
his  removal  therefrom  in  violation  of  such  rule.  (Page  et  al.  v.  Moffett,  85  Fed. 
Rep.,  38.  See,  also,  as  to  the  equitable  jurisdiction  of  the  Federal  courts,  In 
re  Sawyer,  124  U.  S.,  200,  and  World's  Columbian  Exp.  v.  U.  S.,  18  U.  S.  App., 
159,  6  Circ.  Ct.  App.,  71,  56  Fed.  Rep.,  667;  Butler  v.  White,  83  id.,  578;  Carr  v. 
Gordon,  82  id.,  373.) 

57 


58  MILITARY   LAWS   OF   THE   UNITED   STATES. 

164.  Appointments   to   civil   office;   preferences. — Persons  honor- 
ably discharged  from  the  military  or  naval  service  by  reason  of  dis- 
ability resulting  from  wounds  or  sickness  incurred  in  the  line  of  duty 
shall  be  preferred  for  appointments  to  civil  service  offices,  provided 
they  are  found  to  possess  the  business  capacity  necessary  for  the 
proper  discharge  of  the  duties  of  such  offices.     Sec.  1754,  R.  S. 

165.  Recommendation   of  military   persons   for   private    employ- 
ment.— In  grateful  recognition  of  the  services,  sacrifices,  and  suffer- 
ings of  persons  honorably  discharged  from  the  military  and  naval 
service  of  the  country,  by  reason  of  wounds,  disease,  or  the  expira- 
tion of  terms  of  enlistment,  it  is  respectfully  recommended  to  bank- 
ers, merchants,  manufacturers,  mechanics,  farmers,  and  persons  en- 
gaged in  industrial  pursuits,  to  give  them  the  preference  for  appoint- 
ments to  remunerative  situations  and  employments.    Sec.  1755,  R.  S. 

166.  Examination  for  the  civil  service. — After  the  expiration  of 
six  months  from  the  passage  of  this  act  no  officer  or  clerk  shall  be 
appointed,  and  no  person  shall  be  employed  to  enter  or  be  promoted 
in  either  of  the  said  classes  now  existing,  or  that  may  be  arranged 
hereunder  pursuant  to  said  rules,  until  he  has  passed  an  examination, 
or  is  shown  to  be  specially  exempted  from  such  examination  in  con- 
formity herewith.    But  nothing  herein  contained  shall  be  construed 
to  take  from  those  honorably  discharged  from  the  military  or  naval 
service  any  preference  conferrd  by  the  seventeen  hundred  and  fifty- 
fourth  section  of  the  Revised  Statutes *  nor  to  take  from  the  President 
any  authority  not  inconsistent  with  this  act  conferred  by  the  seven- 
teen hundred  and  fifty-third  section  of  said  statutes;  nor  shall  any 
officer  not  in  the  executive  branch  of  the  Government,  or  any  person 
merely  employed  as  a  laborer  or  workman,  be  required  to  be  classi- 
fied hereunder ;  nor,  unless  by  direction  of  the  Senate,  shall  any  per- 
son who  has  been  nominated  for  confirmation  by  the  Senate  be  re- 
quired to  be  classified  or  to  pass  an  examination.    Sec.  7,  Act  of  Jan. 
16,1883  (22  Stat.  406). 

167.  Salaries. — No  money  shall  be  paid  from  the  Treasury  to  any 
person  acting  or  assuming  to  act  as  an  officer,  civil,  military,  or  naval, 
as  salary,  in  any  office  when  the  office  is  not  authorized  by  some  pre- 
viously existing  law,  unless  such  office  is  subsequently  sanctioned  by 
law.    Sec.  1760,  R.  S. 

168.  Same. — No  money  shall  be  paid  from  the  Treasury,  as  salary, 
to  any  person  appointed  during  the  recess  of  the  Senate  to  fill  a 
vacancy  in  any  existing  office,  if  the  vacancy  existed  while  the  Senate 
was  in  session  and  was  by  law  required  to  be  filled  by  and  with  the 
advice  and  consent  of  the  Senate,  until  such  appointee  has  been  con- 
firmed by  the  Senate.    Sec.  1761,  R.  S. 

(^Paragraphs  163  and  164  ante.] 


MILITARY  LAWS   OF   THE  UNITED   STATES.  59 

169.  Persons  drawing  $%,500  yearly  compensation  not  to  hold  second 
office. — No  person  who  holds  an  office  the  salary  or  annual  compensa- 
tion .attached  to  which  amounts  to  the  sum  of  two  thousand  five 
hundred  dollars  shall  be  appointed  to  or  hold  any  other  office 'to 
which  compensation  is  attached  unless  specially  heretofore  or  here- 
after specially  authorized  thereto  by  law ;  but  this  shall  not  apply  to 
retired  officers  of  the  Army  or  Navy  whenever  they  may  be  elected 
to  public  office  or  whenever  the  President  shall  appoint  them  to 
office,  by  and  with  the  advice  and  consent  of  the  Senate.1  Sec.  2, 
act  of  July  31, 1894  (®8  Stat.  £06). 

1  The  traditions  and  usages  of  the  United  States  recognize  the  policy  and 
propriety  of  employing,  when  necessary,  the  same  person  at  the  same  time  in 
two  distinct  capacities.  Not  to  mention  other  familiar  cases,  there  are  the 
prominent  examples  of  the  diplomatic  mission  of  Mr.  Jay  to  England,  under 
President  Washington,  while  he  was  still  Chief  Justice  of  the  United  States ;  of 
the  mission  of  Mr.  Gallatin  to  London  and  St.  Petersburg,  to  negotiate  a  peace, 
while  Secretary  of  the  Treasury  under  President  Madison ;  and  of  Mr.  Justice 
Nelson,  sitting  «ns  a  member  of  the  commission  which  concluded  the  treaty  of 
Washington,  under  President  Grant.  On  the  other  hand,  it  is  the  undoubted 
aim  of  general  legislation  respecting  salaries  to  gauge  the  work  so  as  to  give  full 
employment  to  the  capacities  of  the  man  likely  to  be  appointed  to  do  it,  and  to 
measure  the  pay  according  to  the  work.  In  construing  statutes  restraining  the 
Executive  from  giving  dual  or  extra  compensation,  courts  have  aimed  to  carry 
out  the  legislative  intent  by  giving  them  sufficient  flexibility  not  to  injure  the 
public  service  and  sufficient  rigidity  to  prevent  Executive  abuse.  (Laudram  v. 
IT.  S.,  16  Ct.  Cls.,  74,  82.)  The  great  object  has  been  to  establish  by  law  the  com- 
pensation for  public  services,  whether  in  offices  or  agencies,  where  the  nature 
and  character  of  the  duties  to  be  performed  were  sufficiently  known  and  definite 
to  enable  Congress  to  form  an  estimate  of  its  value  and  not  leave  it  to  the  discre- 
tion of  the  head  of  an  Executive  Department.  *  *  *  These  sections  "  can 
by  no  fair  interpretation  be  held  to  embrace  an  employment  which  has  no 
affinity  or  connection,  either  in  its  character  or  by  law  or  usage,  with  the  line 
of  his  official  duty,  and  where  the  service  to  be  performed  is  of  a  different  char- 
acter and  for  a  different  place  and  the  amount  of  compensation  is  regulated  by 
law.  *  *  *  The  just  and  fair  inference  from  these  acts  of  Congress  taken  to- 
gether is  that  no  discretion  is  left  to  the  head  of  a  Department  to  allow  an 
officer,  who  has  a  fixed  compensation,  any  credit  beyond  his  salary,  unless  the 
service  he  has  performed  is  required  by  existing  laws  and  the  remuneration  for 
them  is  fixed  by  law."  (Converse  v.  U.  S.,  21  How.,  463,  470,  473;  U.  S.  v. 
Brindle,  110  U.  S.,  688,  694;  U.  S.  v.  Shoemaker,  7  Wall.,  338;  Meigs  v.  U.  S., 
19  Ct.  Cls.,  497;  XV  Opin.  Att.  Gen.,  608;  1  Comp.  Dec.,  286;  2  id.,  33;  Cros- 
thwaite  v.  U.  S.,  30  Ct.  Cls.,  300.) 

A  question  having  arisen  as  to  the  payment  of  a  per  diem  to  the  members  and 
certain  employees  of  the  Bering  Sea  Tribunal  of  Arbitration,  it  was  held :  As  to 
Justice  Harlan  and  Senator  Morgan,  that  the  terms  of  section  1763  of  the  Re- 
vised Statutes,  as  amended  by  the  act  of  July  31,  1894  (28  Stat.  205),  did  not 
apply,  as  they  had  been  appointed  to  separate  and  distinct  offices  not  incompati- 
ble with  the  offices  of  justice  of  the  Supreme  Court,  Senator  of  the  United 
States,  and  retired  judge.  Payments  to  them  were  therefore  allowed.  (U.  S. 
v.  Saunders,  120  U.  S.,  126.)  As  to  Senator  Morgan,  it  was  held  that  member- 
ship of  a  tribunal  of  arbitration  did  not  constitute  the  holding  of  office  under 
the  authority  of  the  United  States  under  Article  I.  section  6,  of  the  Constitution, 
and  that  Senator  Morgan  was  not  thereby  prohibited  from  sitting  thereon.  The 
payment  of  per  diem  allowances  to  clerks  and  other  regular  employees  of  the 
United  States,  who  had  been  detailed  from  the  several  Executive  Departments 
to  assist  the  tribunal  in  its  labors,  was  held  to  be  unauthorized  under  section 
1765  of  the  Revised  Statutes  Held,  under  this  section,  that  a  major  and  pay- 
master of  the  Army  detailed  as  disbursing  officer  of  the  Bering  Sea  Tribunal  of 
Arbitration  at  Paris,  could  not  receive  any  other  allowances  or  emoluments  than 


60  MILITARY   LAWS   OF    THE   UNITED   STATES. 

170.  No  extra  allowances  for  disbursing  money,  etc. — No  officer1 
in  any  branch  of  the  public  service,  or  any  other  person  whose  salary, 
pay,2  or  emoluments  are  fixed  by  law  or  regulations,  shall  receive 
any  additional  pay,  extra  allowance,  or  compensation,  in  any  form 
whatever,  for  the  disbursement  of  public  money,  or  for  any  other 
service  or  duty  whatever,  unless  the  same  is  authorized  by  law  and 
the  appropriation  therefor  explicitly  states  that  it  is  for  such  addi- 
tional pay,  extra  allowance,  or  compensation.3    Sec.  1765,  R.  8. 

171.  False  entry  ~by  officer  or  agent. — Whoever,  being  an  officer, 
clerk,  agent,  or  other  person  holding  any  office  or  employment  under 
the  Government  of  the  United  States  and,  being  charged  with  the 
duty  of  keeping  accounts  or  records  of  any  kind,  shall,  with  intent 
to  deceive,  mislead,  injure,  or  defraud  the  United  States  or  any 
person,  make  in  any  such  account  or  record  any  false  or  fictitious 
entry  or  record  of  any  matter  relating  to  or  connected  with  his 
duties,  or  whoever  with  like  intent  shall  aid  or  abet  any  such  officer, 
clerk,  agent,  or  other  person  in  so  doing;  or  whoever,  being  an 
officer,  clerk,  agent,  or  other  person  holding  any  office  or  employ- 
ment under  the  Government  of  the  United  States  and,  being 'charged 
with  the  duty  of  receiving,   holding,   or  paying  over  moneys   or 
securities  to,  for,  or  on  behalf  of  the  United  States,  or  of  receiving 
or  holding  in  trust  for  any  person  any  moneys  or  securities,  shall, 
with  like  intent,  make  a  false  report  of  such  moneys  or  securities, 
or  whoever  with  like  intent  shall  aid  or  abet  any  such  officer,  clerk, 
agent,  or  other  person  in  so  doing,  shall  be  fined  not  more  than  five 

those  specified  in  this  section  as  allowance  to  officers  of  the  Army.  (Comp. 
Dec.,  1893-94,  275.) 

A  compensation  for  extra  services,  where  no  certain  allowance  is  fixed  by  law, 
can  not  be  paid  by  the  head  of  a  Department  to  any  officer  of  the  Government 
who  has,  by  law,  a  certain  compensation  in  the  office  he  holds.  (X  Opin.  Att. 
Gen.,  31.)  The  various  provisions  of  law  forbidding  extra  allowance  or  addi- 
tional pay  for  extra  service  imply  extra-service  pay  or  allowance  in  the  same 
office,  not  distinct  service  in  distinct  offices.  (VIII  Opin.  Att.  Gen.,  325.) 
Where  the  service  is  one  required  by  law,  but  not  of  any  particular  official,  and 
compensation  therefor  is  fixed  by  competent  authority,  and  is  appropriated,  any 
officer  who,  under  due  authorization,  performs  the  service  is  entitled  to  the  com- 
pensation. (XV  Opin.  Att.  Gen.,  608.  See  also  Converse,  adrnr.,  v.  U.  S.,  21 
How.,  463;  U.  S.  v.  Shoemaker,  7  Wall.,  338;  Stansbury  v.  U.  S.,  8  Wall., 
33;  XIX  Opin.  Att.  Gen.,  121.)  But  see  for  exception,  section  7,  act  of  June  3, 
1896  (29  Stat.  235.) 

*An  officer  is  one  who  is  invested  with  an  office,  and  an  office  is  authority, 
granted  by  law,  to  exercise  a  function  of  Government.  An  employee  is  one  who 
is  employed  under  a  contract  to  perform  personal  service.  An  office  is  distin- 
guished from  a  public  employment  by  the  fact  that  in  the  one  case  the  authority 
to  perform  a  public  service  is  derived  from  the  law,  while  in  the  other  it  is 
derived  from  a  contract.  IV  Comp.  Dec.,  696. 

a  Salary  is  fixed  when  it  is  at  a  stipulated  rate  for  a  definite  period  of  time ; 
pay  or  emolument  is  fixed  when  the  amount  is  agreed  upon  and  the  service  is 
defined.  Hedrick  v.  U.  S.,  16  Ct.  Cls.,  88. 

3  The  provisions  of  section  1765,  Revised  Statutes,  which  prohibit  the  pay- 
ment of  additional  compensation,  apply  to  two  classes  of  persons  only,  viz, 
officers  in  the  public  service  and  employees  whose  compensation  is  fixed  by  law 
or  regulations.  IV  Comp.  Dec.,  696.  See,  also,  id.,  424. 


MILITARY   LAWS   OF   THE   UNITED  STATES.  61 

thousand  dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 
Act  of  Mar.  4, 1911  (36  Stat.,  1355}. 

172.  Officer,  etc.,  not  to  solicit  or  receive  political  contributions. — 
No  Senator  or  Representative  in,  or  Delegate  or  Resident  Commis- 
sioner to  Congress,  or  Senator,  Representative,  Delegate,  or  Resident 
Commissioner  elect,  or  officer  or  employee  of  either  House  of  Con- 
gress, and  no  executive,  judicial,  military,  or  naval  officer  of  the 
United  States,  and  no  clerk  or  employee  of  any  department,  branch 
or  bureau  of  the  executive,  judicial,  or  military  or  naval  service  of 
the  United  States,  shall,  directly  or  indirectly,  solicit  or  receive, 
or  be  in  any  manner  concerned  in  soliciting  or  receiving,  any  as- 
sessment,  subscription,   or   contribution   for   any   political   purpose 
whatever,  from  any  officer,  clerk,  or  employee  of  the  United  States, 
or  any  department,  branch,  or  bureau  thereof,  or  from  any  person 
receiving  any  salary  or  compensation  from  moneys  derived  from  the 
Treasury  of  the  United  States.    Sec.  118,  Act  of  Mar.  4, 1909,  Crim- 
inal Code  (35  Stat.  1110) . 

173.  Same. — No  person  shall,  in  any  room  or  building  occupied  in 
the  discharge  of  official  duties  by  any  officer  or  eniployee  of  the 
United  States  mentioned  in  the  preceding  section,  or  in  any  navy- 
yard,  fort,  or  arsenal,  solicit  in  any  manner  whatever  or  receive  any 
contribution  of  money  or  other  thing  of  value  for  any  political 
purpose  whatever.    Sec.  119,  id. 

174.  Same. — No  officer  or  employee  of  the  United  States  mentioned 
in  section  one  hundred  and  eighteen,  shall  discharge,  or  promote,  or 
degrade,  or  in  any  manner  change  the  official  rank  or  compensation  of 
any  other  officer  or  employee,  or  promise  or  threaten  so  to  do,  for 
giving  or  withholding  or  neglecting  to  make  any  contribution  of 
money  or  other  valuable  thing  for  any  political  purpose.     Sec.  120, 
id. 

175.  Same. — No  officer,  clerk,  or  other  person  in  the  service  of  the 
United  States  shall,  directly  or  indirectly,  give  or  hand  over  to 
any  other  officer,  clerk,  or  person  in  the  service  of  the  United  States, 
or  to  any  Senator  or  Member  of  or  Delegate  to  Congress,  or  Resi- 
dent Commissioner,  any  money  or  other  valuable  thing  on  account 
of  or  to  be  applied  to  the  promotion  of  any  political  object  what- 
ever.    Sec.  181,  id. 

176.  Same;  Penalty. — Whoever  shall  violate  any  provision  of  the 
four  preceding  sections  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  three  years,  or  both.    Sec. 
122,  id. 

177.  No  officer  or  cleric  to  solicit  for  gift  to  superior. — No  officer, 
clerk,  or  employee  in  the  United  States  Government  employ  shall 
at  any  time  solicit  contributions  from  other  officers,  clerks,  or  em- 


62  MILITARY   LAWS   OF    THE   UNITED   STATES. 

ployees  in  the  Government  service  for  a  gift  or  present  to  those  in 
a  superior  official  position;  nor  shall  any  such  officials  or  clerical 
superiors  receive  any  gift  or  present  offered  or  presented  to  them 
as  a  contribution  from  persons  in  Government  employ  receiving  a 
less  salary  than  themselves;  nor  shall  any  officer  or  clerk  make  any 
donation  as  a  gift  or  present  to  any  official  superior.  Every  person 
who  violates  this  section  shall  be  summarily  dismissed  from  the 
Government  employ.1  Sec.  178^  R.  S. 

1  This  section  was  held  to  be  constitutional  by  the  Supreme  Court  in  Ex  parte 
Curtis,  106  U.  S.,  371. 


CHAPTER  V. 


THE  TREASURY  DEPARTMENT— THE  ACCOUNTING 

OFFICERS. 


Pa 

Treasury  Department 178-1185 1 

Treasurer  of  the  United  States. .  178 

Same,  duties  of 179 

Assistant  treasurers 180 

Mints — certain  mints  to  be  de- 
positories and  certain  superin- 
tendents to  be  assistant  treas- 
urers  181 

Depositories  designated  by  Sec- 
retary of  Treasury 182 

Annual  reports  of  Treasurer,  etc., 
as  to  balances  of  disbursing 
officers'  accounts  remaining 

unchanged  for  three  years 183 

Deposit  and  safe-keeping  of  pub- 
lic funds 184 

Duties  of  fiscal  agents 185 

Appropriations 186-194 

Constitutional  provision 186 

Application 187 

Expenditures  not  to  exceed  ap- 
propriations  188 

Same 189 

Commissions — expenditures  for.  190 
Balances,  disposition  of  after  two 

years 191 

Same 192 

Same— application  of 193 

Fiscal  year,  character  of  appro- 
priations, exceptions 194 

Accounts 195-199 

Fiscal  year 195 

Transmittal  of  accounts  to  Wash- 
ington and  to  auditors 196 

Rules  for  administrative  exami- 
nation of  accounts 197 

Administrative    examination    of 

accounts 198 

Officers  delinquent  in  rendering 
accounts..  .  199 


Par. 
Comptroller  of  the  Treasury 200-203 

Forms  of  keeping  and  rendering 
accounts  to  be  prescribed  by..  200 

Authorized  to  direct  settlement 
of  particular  accounts 201 

Decisions  to  govern  in  settle- 
ments  202 

Recovery  of  money,  institution 

of  suits  for 203 

Auditors  of  the  Treasury 204-219 

Auditors  for  the  War  and  Navy 
Departments,  duties 204 

Auditors  for  the  War  Depart- 
ment, duties 205 

Recovery  of  debts,  superintend- 
ence of 206 

Balances,  when  certified,  final, 
except  that  they  are  subject  to 
revision  by  Comptroller 207 

Acceptance  of  payment  under 
settlement 208 

Decisions  construing  statutes  to 
be  revised  by  Comptroller 209 

Preservation  of  accounts 210 

Settlements  not  to  be  reopened. .  211 

Accounts  of  Government  officers 
in  the  District  of  Columbia  ac- 
cessible to  accounting  officers .  212 

Accounts  of  line  officers,  settle- 
ment of 213 

Evidence  of  honorable  discharge 
to  be  returned  to  officers  and 
enlisted  men 214 

Claims  and  accounts,  settlement 
of 215 

Claims  allowed  to  be  reported  to 
Congress 216 

Claims  for  property  lost  or  de- 
destroyed 217 

63 


64 


MILITARY  LAWS  OF   THE  UNITED   STATES. 


Auditors  of  the  Treasury— Contd.        Par. 
Claims  of  volunteers  who  served 

during  Spanish  War 218 

No  deduction  for  attorneys'  fees.  219 
Conspiracy  to  defraud  the  Govern- 
ment,  purchase  of  arms,    equip- 
ments, etc.,  from  soldiers 220 

Debts  due  the  United  States. . . .  221-223 

Priority  of 221 

Liability  of  executors,  etc 222 

Priority  of  surety  who  has  paid 
the  amount  due  on  the  bond  of 

an  insolvent  principal 223 

Distress  warrants 224-236 

Distress  warrants 224 

Contents 225 

Execution,  against  officer 226 

Same,  against  surety 227 

Amount  of  levy  a  lien 228 

Lands  to  be  sold 229 

Disposal  of  surplus  moneys 230 

Distress  warrants  to  be  issued, 

when  and  by  whom 231 

Same — to  be  issued  against  all 
delinquent  fiscal  officers  and 

their  sureties 232 

Same — Postponement 233 

Bill  of  complaint,  injunction  by 
U.  S.  District  Court..  .  234 


Distress  warrants — Continued.  Par. 
Injunction  by  U.  S.  Circuit  Court  235 
Rights  of  United  States  not  im- 
paired   236 

Miscellaneous  provisions 237-244 

Requisitions, warrants,  advances.  237 

Compromise  of  claims 238 

Set-off 239 

Assignments  of  claims,  powers  of 

attorney 240 

Checks  outstanding  three  years 
or  more  to  be  covered  into  the 
Treasury  as  ''Outstanding  lia- 
bilities"  241 

Outstanding  liabilities 242 

Payment  of  checks  the  amounts 
of  which  have  been  covered 
into  "Outstanding  liabilities"  243 
Balances  of  disbursing  officers' 
accounts  remaining  unchanged 
for  three  years  to  be  covered 

into  the  Treasury 244 

Lost  checks — issuance  of  duplicates .   245 
Certification    of    Treasury    records, 

transcripts 246 

Certain  transcripts  to  be  admitted  in 

evidence 247 

Special  agents,  employment  of 248 


178.  Treasurer  of  the  United  States. — There  shall  be  in  the  Depart- 
ment of  the  Treasury  a  Treasurer  of  the  United  States,  who  shall 
be  appointed  by  the  President,  by  and  with  the  advice  and  consent 
of  the  Senate,     *     *     *.    Sec.  301,  R.  S. 

179.  Same — Duties  of. — The  Treasurer  shall  receive  and  keep  the 
moneys  of  the  United  States,  and  disburse  the  same  upon  warrants 
drawn  by  the  Secretary  of  the  Treasury,  countersigned  by  the  Comp- 
troller, and  not  otherwise.     He  shall  take  receipts  for  all  moneys 
paid  by  him,  and  shall  give  receipts  for  all  moneys  received  by  him ; 
•and  all  receipts  for  moneys  received  by  him  shall  be  indorsed  upon 
warrants  signed  by  the  Secretary  of  the  Treasury,  without  which 
warrant,  so  signed,  no   acknowledgment   for  money  received  into 
the  public  Treasury  shall  be  valid.    He  shall  render  his  accounts  to 
the  [Auditor  for  the  Treasury  Department]   quarterly,  or  oftener 
if  required,  and  shall  transmit  a  copy  thereof,  when  settled,  to  the 
Secretary  of  the  Treasury.    He  shall  at  all  times  submit  to  the  Secre- 
tary of  the  Treasury  and  the  Comptroller,  or  either  of  them,  the 
inspection  of  the  moneys  in  his  hands.    Sec.  305,  R.  $.,  as  amended 
ly  Sec.  11,  Act  of  July  31, 1894  (% 


MILITARY  LAWS  OF   THE  UNITED  STATES.  65 

180.  Assistant  treasurers. — There  shall  be  assistant  treasurers  of 
the  United  States,  appointed  from  time  to  time  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  to  serve,  for  the  term 
of  four  years,  as  follows: 

One  at  Boston. 

One  at  New  York. 

One  at  Philadelphia. 

One  at  Baltimore. 

One  at  New  Orleans. 

One  at  Saint  Louis. 

One  at  San  Francisco. 

One  at  Cincinnati.  *•- 

One  at  Chicago. 

Sec.  3595,  R.  8. 

181.  Mints — Certain  mints  to  ~be  depositories,  and  certain  superin- 
tendents to  be  assistant  treasurers. — The  mints  at  Carson  City,  and 
at  Denver,  and  the  assay  office  at  Boise  City,  shall  be  places  of  de- 
posit for  such  public  moneys  as  the  Secretary  of  the  Treasury  may 
direct.    Sec.  3592,  R.  S. 

The  superintendent  of  the  mint  at  Carson  City,  and  the  superin- 
tendent of  the  assay  office  at  Boise  City,  shall  be  assistant  treasurers 
of  the  United  States,  and  shall  respectively  have  the  custody  and 
care  of  all  public  moneys  deposited  therein,  and  shall  perform  all 
the  duties  required  of  them  in  reference  to  the  receipt,  safe-keeping, 
transfer,  and  disbursement  of  all  such  moneys,  as  provided  by  law. 
Sees.  359%,  3594,  R.  S. 

182.  Depositories  designated  ~by  Secretary  of  Treasury. — All  na- 
tional banking   associations,   designated   for  that   purpose  by   the 
Secretary  of  the  Treasury,  shall  be  depositaries  of  public  money, 
except  receipts  from   customs,  under  such  regulations   as  may  be 
prescribed  by  the  Secretary,  but  receipts  derived  from  duties  on 
imports  in  Alaska,  the  Hawaiian  Islands,  and  other  islands  under  the 
jurisdiction  of  the  United   States  may  be  deposited  in  such  de- 
positaries subject  to  such  regulations;  and  such  depositaries  may 
also  be  employed  as  financial  agents  of  the  Government;  and  they 
shall  perform  all  such  reasonable  duties  as  depositaries  of  public 
moneys  and  financial  agents  of  the  Government  as  may  be  required 
of  them.     The  Secretary  of  the  Treasury  shall  require  the  associa- 
tions thus  designated  to  give  satisfactory  security,  by  the  deposit  of 
United  States  bonds  and  otherwise,  for  the  safe-keeping  and  prompt 
payment  of  public  money  deposited  with  them,  and  for  the  faithful 
performance  of  their  duties  as  financial  agents  of  the  Government. 
And  every  association  so  designated  as  receiver  or  depositary  of 
the  public  money  shall  take  and  receive  at  par  all  of  the  national 
currency  bills,  by  whatever  association  issued,  which  have  been  paid 

48985°— 15 5 


66  MILITARY   LAWS   OF    THE   UNITED   STATES. 

into  the  Government  for  internal  revenue  or  for  loans  or  stocks. 
Sec.  5153,  R.  S.,  as  amended  $y  Act  of  Mar.  3, 1901  (31  Stat.  1448) . 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  designate 
one  or  more  banks  or  bankers  in  the  Philippine  Islands  and  in  the 
islands  of  Cuba  and  Porto  Eico  in  which  public  moneys  may  be 
deposited:  Provided,  That  the  banks  or  bankers  thus  designated 
shall  give  satisfactory  security  for  the  safe- keeping  and  prompt 
payment  of  the  public  moneys  so  deposited  by  depositing  in  the 
Treasury  United  States  bonds  to  an  amount  not  less  than  the  aggre- 
gate sum  at  any  time  on  deposit  with  such  banks  or  bankers:  And 
provided  further,  That  this  act  shall  apply  to  Cuba  only  while  occu- 
pied by  the  United  States.  Act  of  June  6, 1900  (31  Stat.  658) . 

183.  Annual  reports  of  Treasurer,  etc.,  as  to  balances  of  disbursing 
officers  accounts  remaining  unchanged  for  three  years. — The  Treas- 
urer, each  assistant  treasurer,  and  each  designated  depositary  of 
the  United  States,  and  the  cashier  of  each  of  the  national  banks 
designated  as  such  depositaries,  shall,  at  the  close  of  business  on 
every  thirtieth  day  of  June,  report  to  the  Secretary  of  the  Treas- 
ury the  condition  of  every  account  standing,  as  in  the  preceding  sec- 
tion specified,1  on  the  books  of  their  respective  offices,  stating  the 
name   of   each   depositor,   with   his   official   designation,   the   total 
amount  remaining  on  deposit  to  his  credit,  and  the  dates,  respec- 
tively, of  the  last  credit  and  the  last  debit  made  to  each  account. 
And  each  disbursing  officer  shall  make  a  like  return  of  all  checks 
issued  by  him,  and  which  may  then  have  been  outstanding  and 
unpaid  for  three  years  and  more,  stating  fully  in  such  report  the 
name  of  the  payee,  for  what  purpose  each  check  was  given,  the  office 
on  which  drawn,  the  number  of  the  voucher  received  therefor,  the 
date,   number,   and   amount   for   which   it   was  drawn,   and,   when 
known,  the  residence  of  the  payee.    Sec.  310,  R.  S. 

184.  Deposit  and  safe-keeping  of  public  funds. — In  places    *    *    * 
where  there  is  no  treasurer  or  assistant  treasurer,  the  Secretary  of 
the  Treasury  may,  when  he  deems  it  essential  to  the  public  interest, 
specially  authorize  in  writing  the  deposit  of  such  public  money  in 
any  public  depository,  or,  in  writing,  authorize  the  same  to  be  kept 
in  any  other  manner,  and  under  such  rules  and  regulations  as  he 
may  deem  most  safe  and  effectual  to  facilitate  the  payments  to  pub- 
lic creditors.     Sec.  3620,  R.  S. 

185.  Duties  of  fiscal  agents. — The  Treasurer  of  the  United  States, 
all  assistant  treasurers,  and  those  performing  the  duties  of  assistant 
treasurer,  all  collectors  of  the  customs,  all  surveyors  of  the  customs, 
acting  also  as  collectors,  all  receivers  of  public  moneys  at  the  several 
land  offices,  all  postmasters,  and  all  public  officers  of  whatsoever 

1  See  par.  244,  post. 


MILITARY   LAWS   OF    THE   UNITED   STATES.  67 

character,  are  required  to  keep  safely,  without  loaning,  using,  depos- 
iting in  banks,  or  exchanging  for  other  funds  than  as  specially 
allowed  by  law,  all  the  public  money  collected  by  them,  or  otherwise 
at  any  time  placed  in  their  possession  and  custody,  till  the  same  is 
ordered,  by  the  proper  Department  or  officer  &f  the  Government,  to 
be  transferred  or  paid  out;  and  when  such  orders  for  transfer  or 
payment  are  received,  faithfully  and  promptly  to  make  the  same  as 
directed,  and  to  do  and  perform  all  other  duties  as  fiscal  agents  of 
the  Government  which  may  be  imposed  by  any  law,  or  by  any  regu- 
lation of  the  Treasury  Department  made  in  conformity  to  law.  The 
President  is  authorized,  if  in  his  opinion  the  interest  of  the  United 
States  requires  the  same,  to  regulate,  and  increase  the  sums  for  which 
bonds  are,  or  may  be,  required  by  law,  of  all  district  attorneys,  col- 
lectors of  customs,  naval  officers,  and  surveyors  of  customs,  navy 
agents,  receivers  and  registers  of  public  lands,  paymasters  in  the 
Army,  Commissary-General,  and  by  all  other  officers  employed  in  the 
disbursement  of  the  public  moneys,  under  the  direction  of  the  War 
or  Navy  Departments.  Sec.  3639,  R.  $./  see  also  sees.  5489-5497, 
R.S. 

186.  Constitutional  provision. — No  money  shall  be  drawn  from  the 
Treasury,  but  in  Consequence  of  Appropriations  made  by  Law ;  and 
a  regular  Statement  and  Account  of  the  Receipts  and  Expenditures 
of  all  public  Money  shall  be  published  from  time  to  time.     Art.  /, 
Sec.  9,  clause  7  of  the  Constitution  of  the  United  States. 

187.  Application. — All  sums  appropriated  for  the  various  branches 
of  expenditure  in  the  public  service  shall  be  applied  solely  to  the 
objects  for  which  they  are  respectively  made,  and  for  no  others.1 
Sec.  3678,  R.  S. 

1  An  appropriation  by  Congress  of  a  given  sum  of  money  for  a  named  purpose 
is  not  the  designation  of  a  specific  fund  for  that  purpose,  but  simply  a  legal 
authority  to  apply  so  much  of  any  money  in  the  Treasury  to  the  indicated 
object.  Every  appropriation  for  the  payment  of  a  particular  demand,  or  a 
class  of  demands,  necessarily  involves  and  includes  the  recognition  by  Con- 
gress of  the  legality  and  justice  of  each  demand  and  is  equivalent  to  an  ex- 
press mandate  to  the  Treasury  officers  to  pay  it.  This  recognition  is  not 
affected  by  any  previous  adverse  action  of  Congress,  for  the  last  expression  by 
that  body  supersedes  all  such  previous  action.  (Hukill  v.  U.  S.,  16  Ct.  Cls., 
562,  585.)  When  an  appropriation  has  been  made  by  Congress  for  a  general 
purpose,  contemplating  a  multitude  of  acts  to  be  done  by  the  Department,  its 
agency  is  general  within  those  limits.  (Leavitt  v.  TJ.  S.,  34  Fed.  Rep.,  623.) 
When  an  alleged  liability  of  the  Government  rests  wholly  upon  an  appropriation, 
they  must  stand  or  fall  together,  so  that  when  the  latter  is  exhausted  the 
former  comes  to  an  end.  (Shipman  v.  U.  S.,  18  Ct.  Cls.,  138.) 

The  disposition  of  public  money  is  in  the  discretion  of  Congress,  and  its  rea- 
sons for  passing  an  act  of  appropriation  and  the  consideration  thereof  can  not 
be  inquired  into  nor  its  will  thwarted  by  any  executive  officers  or  by  the  courts 
(Mumford  v.  U.  S.,  31  Ct.  Cls.,  210,  215;  Jordan  v.  U.  S.,  19;  Id.,  108;  113 
U.  S.,  418.)  In  view  of  the  requirements  of  this  section  a  disbursing  officer 
is  not  authorized  to  use  public  moneys  advanced  to  him  from  one  appropriation 
in  the  payment  of  liabilities  arising  under  another  appropriation.  (IV  Comp. 
Dec.,  569.) 

Administrative  discretion  in  expenditures. — Ordinarily,  where  discretionary 
power  is  lodged  in  a  judicial  officer,  his  decision  is  not  reviewable  save  by  the 


68  MILITARY    LAWS   OF   THE   UNITED   STATES. 

188.  Expenditures  not  to  exceed  appropriations. — No  Executive 
Department  or  other  Government  establishment  of  the  United  States 
shall  expend,  in  any  one  fiscal  year,  any  sum  in  excess  of  appropria- 

court  of  which  he  is  a  member,  and  then  only  when  there  has  been  a  clear 
abuse  of  the  discretion  committed  to  him.  Far  more  cogent  reasons  exist  why 
this  rule  should  be  applied  to  administrative  officers,  who  are  empowered  to 
use  their  discretion  as  to  the  manner  in  which  public  moneys  shall  be  expended, 
for  great  embarrassment  and  confusion  might  result  if  officers  in  one  Executive 
Department  could  sit  in  judgment  upon  the  decisions  of  the  officers  of  another 
Executive  Department  in  cases  involving  the  exercise  of  judgment  and  dis- 
cretion. (Ill  Comp.  Dec.,  21.)  Wherever  the  exercise  of  discretion  by  the 
War  Department  in  disbursing  moneys  appropriated  for  the  support  of  the 
Army  is  permitted  by  a  statute,  the  manner  in  which  such  discretion  has  been 
exercised  is  a  matter  of  administration  with  which  the  accounting  officers  have 
no  concern.  It  is  the  province  of  the  military  authorities  to  determine  the 
needs  of  a  given  military  depot  or  post  and  the  quantity  of  a  specified  article 
to  be  allotted  to  said  depot  or  post,  while  it  is  the  province  of  the  accounting 
officers  to  determine  whether  or  not  Congress  has  made  an  appropriation  cov- 
ering a  specific  expenditure,  or  whether  or  not  such  expenditure  was  made  in 
conformity  with  law.  (Id.,  21.)  The  degree  of  wisdom  displayed  in  the  ex- 
ercise of  the  discretion  given  an  officer  of  the  Army,  under  the  authority  of 
the  Secretary  of  War,  is  not  a  subject  for  review  by  the  accounting  officers. 
If  the  officer  is  responsible  for  his  action  in  the  premises  to  anyone,  it  is  to 
the  source  from  which  he  derived  his  authority.  (Id.,  22.) 

The  evidence  required  by  the  War  Department  from  the  disbursing  officers 
and  agents  of  the  Army  for  administrative  purposes  is  a  matter  peculiarly 
within  the  jurisdiction  of  the  Secretary  of  War.  (Id.,  497.) 

When  Congress  makes  an  appropriation  for  a  particular  object,  that  appro- 
priation is  exclusive,  and  another  appropriation  which  but  for  the  specific  ap- 
propriation might  be  available  can  not  be  used.  (Id.,  563.)  When  one  appro- 
priation is  available  for  a  specific  object  a  second  appropriation  can  not  be  used 
for  the  same  work,  unless  from  the  second  appropriation  it  clearly  appears  that 
it  was  the  intention  of  Congress  that  such  second  appropriation  should  be 
available  in  addition  to  the  specific  appropriation.  (Id.,  417.)  When  an  ap- 
propriation to  which  an  expense  is  properly  chargeable  is  exhausted,  another 
appropriation  can  not  be  used.  (Id.,  492.) 

Pecuniary  responsibility  of  officers. — Where  purchases  of  army  supplies  are 
made  in  pursuance  of  an  order  issued  by  competent  military  authority,  said 
order,  or  a  certified  copy  thereof,  should  be  filed  with  the  first  voucher  on 
which  payment  for  supplies  is  made  and  reference  be  made  thereto  on  all  the 
others.  (Id.,  287.) 

Where  there  is  a  plain  direction  or  prohibition  spread  upon  the  statute 
books,  which  is  as  well  known  to  the  inferior  as  to  a  superior  officer,  it  is 
clearly  binding  upon  both  officers,  and  unless  it  can  be  affirmatively  shown  that 
the  inferior  called  the  attention  of  the  superior  to  the  infringement  of  law  in 
the  order,  and  that  thereupon  the  superior  renewed  the  order,  the  inferior 
officer  must  be  held  liable.  (Ill  Dig.  Dec.  2d  Comp.,  9,  par.  3.) 

It  is  the  duty  of  the  disbursing  officer  to  exercise  the  utmost  care  and 
vigilance  in  the  disbursement  of  the  public  funds  intrusted  to  him,  and  it  is 
his  imperative  duty  to  see  that  the  entire  amount  claimed  is  due  and  that 
payment  thereof  is  fully  warranted  from  the  data  given  on  the  muster  roll  or 
final  statement.  If  the  information  is  not  sufficient  he  must  seek  for  more. 
He  can  not  protect  himself,  in  an  erroneous  payment  made  without  due  care, 
by  charging  a  similar  lack  of  care  against  the  officer  who  gave  the  certificate. 
(Id.,  10,  par.  9.  See  also  pars.  653  and  654,  A.  R.,  1913.) 

The  word  "  voucher  "  can  not  be  construed  as  synonymous  with  the  word 
"  receipt,"  it  having  a  far  broader  signification  in  law.  Any  written  evidence 
which  establishes  facts  entitling  a  disbursing  officer  to  credit  is  a  voucher. 
"  The  word  '  voucher '  would  seem  to  imply  evidence,  written  or  otherwise,  of 
the  truth  of  a  fact."  (The  People  v.  Green,  5  Daly,  N.  Y.,  194;  III  Comp. 
Dec.,  378.) 

Money  vouchers. — The  term  "  voucher,"  when  used  in  connection  with  the 
disbursement  of  moneys,  implies  some  written  or  printed  instrument  in  the 
nature  of  a  receipt,  note,  account,  bill  of  particulars,  or  something  of  that 
character,  which  shows  on  what  account  or  by  what  authority  a  particular 
payment  has  been  made,  and  which  may  be  kept  or  filed  away,  by  the  party 


MILITARY   LAWS   OF   THE   UNITED   STATES.  69 

tions  made  by  Congress  for  that  fiscal  year,  or  involve  tiie  Govern- 
ment in  any  contract  or  other  obligation  for  the  future  payment  of 
money  in  excess  of  such  appropriations  unless  such  contract  or  obli- 

receiving  it,  for  his  own  convenience  or  protection,  or  that  of  the  public. 
(People  v.  Brinkerhoff  107,  111.,  495.) 

The  presentation  by  a  disbursing  officer  of  a  voucher  properly  receipted  by 
the  person  entitled  to  payment  is  but  prima  facie  evidence  of  actual  payment 
by  him,  and  will  not  entitle  him  to  credit  unless  the  amount  has  been  actually 
paid  to  the  proper  person  or  his  representative.  (I  Compt.  Dec.  228.)  The 
receipt  of  a  witness  to  a  pay  roll  is  valid  although  written  with  a  pencil,  and 
not  with  ink,  as  required  by  the  regulations  and  practice  of  the  Department. 
(Id.,  419.) 

What  shall  be  considered  proper  vouchers  and  the  extent  and  character  of 
the  evidence  necessary  to  support  a  claim  must,  of  course,  depend  upon  the 
circumstances  of  each  case.  I  think,  however,  that  the  term  "  proper  vouchers  " 
must  be  construed  to  mean  the  voucher s*ordinarily  required  in  the  transaction 
of  business  of  this  character.  Presumptions  should  not  be  accepted  in  the 
place  of  proof  where  the  latter  can  be  procured.  (V  Comp.  Dec.,  140.  See, 
also,  VI  id.,  14,  97.) 

Every  voucher  signed  on  behalf  of  any  person,  firm,  or  corporation  by  an 
agent  or  attorney  should  bear  the  name  of  the  proper  firm,  person,  or  corpora- 
tion, followed  by  the  name  of  the  agent  or  attorney.  (Ill  Dig.  2d  Comp. 
Dec.,  379.) 

Under  a  resolution  of  the  executive  committee  of  the  Western  Union  Tele- 
graph Company  passed  November  24,  1886,  any  person  in  charge  of  any  Office 
of  said  company  is  authorized  to  receive  and  receipt  for  payments  to  said 
company,  and  receipts  by  such  persons  for  such  payments  are  to  be  held  as 
binding  upon  said  company.  (Id.) 

An  order  from  the  court  appointing  a  receiver  and  showing  his  authority  to 
act  as  such  should  be  filed  with  or  referred  to  in  every  voucher  or  claim  pre- 
sented by  him  for  payment.  (Id.,  378.) 

Receipts  for  small  amounts  for  occasional  service  paid  to  corporations,  such 
as  railroad,  telegraph,  turnpike,  transfer,  express,  steamboat,  hotel,  newspaper, 
and  ice  companies,  may  be  signed  by  the  local  agent  in  charge  of  the  business 
of  the  company  at  the  place  where  the  service  is  rendered,  or  where  it  begins 
or  terminates,  and  the  certificate  of  the  officer  making  payment  that  the  person 
to  whom  payment  was  thus  made  was  then  the  local  agent  of  the  company,  in 
charge  of  its  business  at  the  place  designated,  will  be  sufficient  evidence  of 
the  agent's  authority  to  receive  and  receipt  for  the  money  paid.  (Id.) 

The  term  "  small  amounts,"  as  used  in  the  Second  Comptroller's  decision  of 
March  14,  1887,  applies  only  to  occasional  payments  of  amounts  deemed  too 
insignificant  to  justify  the  Government  in  demanding  written  evidence  of  an 
agent's  authority  to  receive  and  receipt  for  moneys,  in  accordance  with  the 
general  rule.  (Id.) 

All  vouchers  in  support  of  payments  of  percentages  retained  under  contracts 
must  be  accompanied,  as  contemplated  by  section  277  of  the  Revised  Statutes, 
by  satisfactory  evidence,  either  primary  or  secondary,  that  the  several  amounts 
thereon  paid  have  been  retained,  have  since  become  payable,  and  have  not 
previously  been  paid.  (Id.,  379.) 

It  is  within  the  power  of  the  accounting  officers,  in  the  settling  of  accounts 
of  disbursing  officers,  where  it  appears  that  an  expenditure  has  been  made 
from  the  wrong  appropriation,  if  the  expenditure  be  right  in  itself  and  correct 
otherwise,  to  charge  the  amount  to  the  appropriation  for  which  the  expenditure 
is  liable.  If  at  the  time  of  the  settlement  the  appropriation  to  which  the  expen- 
diture is  chargeable  is  exhausted,  the  amount  should  be  disallowed  against 
the  disbursing  officer,  and  he  should  be  required  to  apply  to  Congress  for 
relief.  (Id.,  36.) 

Where  one  Department  receives  from  another  Department  supplies  which  are 
within  the  scope  of  appropriations  belonging  to  each  a  reimbursement  of  the 
appropriation  of  the  one  from  the  appropriation  of  the  other,  of  the  cost  of 
the  supplies,  is  not  a  violation  of  section  3678,  Revised  Statutes;  nor  do  the 
provisions  of  section  3618,  Revised  Statutes,  apply  to  such  case.  (XVII  Opin. 
Att.  Gen.,  480.) 

For  provisions  of  Army  Regulations  in  respect  to  the  preparation  and  execu- 
tion of  vouchers,  see  paragraphs  631-652,  Army  Regulations  of  1913. 


70  MILITARY  LAWS    OF   THE   UKITED   STATES. 

gallon  is  authorized  by  law.  Nor  shall  any  Department  or  any  officer 
of  the  Government  accept  voluntary  service  for  the  Government  or 
employ  personal  service  in  excess  of  that  authorized  by  law,  except 
in  cases  of  sudden  emergency  involving  the  loss  of  human  life  or  the 
destruction  of  property.  All  appropriations  made  for  contingent 
expenses  or  other  general  purposes,  except  appropriations  made  in 
fulfillment  of  contract  obligations  expressly  authorized  by  law,  or 
for  objects  required  or  authorized  by  law  without  reference  to  the 
amounts  annually  appropriated  therefor,  shall,  on  or  before  the  be- 
ginning of  each  fiscal  year,  be  so  apportioned  by  monthly  or  other 
allotments  as  to  prevent  expenditures  in  one  portion  of  the  year 
which  may  necessitate  deficiency  or  additional  appropriations  to 
complete  the  service  of  the  fiscal  year  for  which  said  appropriations 
are  made ;  and  all  such  apportionments  shall  be  adhered  to  and  shall 
not  be  waived  or  modified  except  upon  the  happening  of  some  ex- 
traordinary emergency  or  unusual  circumstance  which  could  not  be 
anticipated  at  the  time  of  making  such  apportionment,  but  this  pro- 
vision shall  not  apply  to  the  contingent  appropriations  of  the  Senate 
or  House  of  Representatives;  and  in  case  said  apportionments  are 
waived  or  modified  as  herein  provided,  the  same  shall  be  waived  or 
modified  in  writing  by  the  head  of  such  Executive  Department  or 
other  Government  establishment  having  control  of  the  expenditure, 
and  the  reasons  therefor  shall  be  fully  set  forth  in  each  particular 
case  and  communicated  to  Congress  in  connection  with  estimates  for 
any  additional  appropriations  required  on  account  thereof.  Any 
person  violating  any  provision  of  this  section  shall  be  summarily  re- 
moved from,  office  and  may  also  be  punished  by  a  fine  of  not  less  than . 
one  hundred  dollars  or  by  imprisonment  for  not  less  than  one  month.1 

1  The  legal  liability  of  the  Government  does  not  generally  depend  upon  appro- 
priations. The  constitutional  provision,  in  Article  I,  section  9,  that  "no  money 
shall  be  drawn  from  the  Treasury  but  in  consequence  of  appropriations  made  by 
law,"  is  a  mere  limitation  and  restriction  upon  the  executive  officers  of  the 
Treasury  Department,  and  does  not  prevent  Congress,  the  law-making  power, 
from  involving  the  Government  in  contracts  to  pay  money  to  any  extent.  When 
such  contracts  are  made,  the  parties  who  acquire  rights  to  compensation  there- 
under must  wait  until  an  appropriation  is  made  before  they  can  receive  their 
money,  but  the  right  on  their  part  and  the  obligation  on  the  part  of  the  United 
States  remain  unchanged.  Failing  to  obtain  direct  appropriations  for  their 
benefit,  public  creditors  may  sue  in  this  court  and  thus  obtain  payment  out  of 
any  money  appropriated  for  the  payment  and  satisfaction  of  private  claims. 
(Mitchell  v.  U.  S.,  18  Ct.  Cls.,  281,  286.)  The  excepting  clause  in  section  3732, 
Revised  Statutes  (a)  in  relation  to  contracts  for  and  purchases  of  clothing,  sub- 
sistence, forage,  fuel,  quarters,  etc.,  operates  to  withdraw  such  contracts  and 
purchases  from  the  prohibition  contained  in  this  paragraph  in  relation  to  expen- 
ditures in  excess  of  the  appropriations  for  a  particular  fiscal  year,  and  such 
purchases  may  be  made,  provided  the  necessities  of  the  current  fiscal  year  be  not 
exceeded. 

A  deficiency  appropriation  is  one  made  to  pay  a  liability  legally  created,  for 
the  payment  of  which  an  appropriation  previously  made  is  insufficient ;  it  sup 
plements  the  original  appropriation,  partakes  of  its  nature,  and  is  subject  to  the 
same  limitations  which  attach  by  law  to  the  use  of  the  original  appropriation. 
(IV  Comp.  Dec.,  61.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  71 

Sec.  3679,  R.  S.,  as  amended  by  sec.  4,  ac*  °f  Mar.  3,  1905  (33  Stat. 
1257) ,  and  Sec.  3,  act  of  Feb.  27, 1906  ($4  Stat.  48) . 

189.  Same. — No  Act  of  Congress  hereafter  passed  shall  be  con- 
strued to  make  an  appropriation  out  of  the  Treasury  of  the  United 
States,  or  to  authorize  the  execution  of  a  contract  involving  the  pay- 
ment of  money  in  excess  of  appropriations  made  by  law,  unless  such 
Act  shall  in  specific  terms  declare  an  appropriation  to  be  made  or  that 
a  contract  may  be  executed.    Sec.  9,  Act  of  June  30,  1906  (34  Stat'. 

764). 

190.  Commissions  and  inquiries — Expenditures  for. — No  account- 
ing or  disbursing  officer  of  the  Government  shall  allow  or  pay  any 
account  or  charge  whatever,  growing  out  of,  or  in  any  way  connected 
with,  any  commission  or  inquiry,  except  courts-martial  or  courts  of 
inquiry  in  the  military  or  naval  service  of  the  United  States,  until 
special  appropriations  shall  have  been  made  by  law  to  pay  such 
accounts  and  charges.     This  section,  however,  shall  not  extend  to 
the  contingent  fund  connected  with  the  foreign  intercourse  of  the 
Government,  placed  at  the  disposal  of  the  President.    Sec.  3681,  R.  S. 

191.  Balances — Disposition  of  after  tivo  years. — All  balances  of 
appropriations  which  shall  have  remained  on  the  books  of  the  Treas- 
ury, without  being  drawn  against  in  the  settlement  of  accounts,  for 
two  years  from  the  date  of  the  last  appropriation  made  by  law,  shall 
be  reported  by  the  Secretary  of  the  Treasury  to  the  Auditor  of  the 
Treasury,  whose  duty  it  is  to  settle  accounts  thereunder,  and  the 
Auditor  shall  examine  the  books  of  his  office,  and  certify  to  the  Sec- 
retary whether  such  balances  will  be  required  in  the  settlement  of 
any  accounts  pending  in  his  office;  and  if  it  appears  that  such  bal- 
ances will  not  be  required  for  this  purpose,  then  the  Secretary  may 
include  such  balances  in  his  surplus-fund  warrant,  whether  the  head 
of  the  proper  Department  shall  have  certified  that  it  may  be  carried 
into  the  general  Treasury  or  not.    But  no  appropriation  for  the  pay- 
ment of  the  interest  or  principal  of  the  public  debt,  or  to  which  a 
longer  duration  is  given  by  law,  shall  be  thus  treated.     Sec.  3691, 
It.S. 

192.  Same. — From  and  after  the  first  day  of  July,  eighteen  hun- 
dred and  seventy-four,  and  of  each  j^ear  thereafter,  the  Secretary  of 
the  Treasury  shall  cause  all  unexpended  balances  of  appropriations 
which  have  remained  upon  the  books  of  the  Treasury  for  two  fiscal 
years  to  be  carried  to  the  surplus  fund  and  covered  into  the  Treasury : 
Provided,  That  this  provision  shall  not  apply  to  permanent  specific 
appropriations,  appropriations  for  rivers  and  harbors,  light-houses, 
fortifications,  public  buildings,  or  the  pay  of  the  Navy  and  Marine 
Corps;  but  the  appropriations  named  in  this  proviso  shall  continue 
available  until  otherwise  ordered  by  Congress.    Sec.  5,  Act  of  June 
20,1874  (18  Stat.  110). 


72  MILITARY   LAWS   OF    THE   UNITED   STATES. 

193.  Same  —  Application  of.  —  All  balances  of  appropriations  con- 
tained in  the  annual  appropriation  bills  and  made  specifically  for  the 
service  of  any  fiscal  year,  and  remaining  unexpended  at  the  expira- 
tion of  such  fiscal  year,  shall  only  be  applied  to  the  payment  of 
expenses  properly  incurred  during  that  year,  or  to  the  fulfillment  of 
contracts  properly  made  within  that  year;  and  balances  not  needed 
for  such  purposes  shall  be  carried  to  the  surplus  fund.     This  section, 
however,  shall  not  apply  to  appropriations  known  as  permanent  or 
indefinite  appropriations.1  —  Sec.  3690  ,  R.  S. 

194.  Fiscal   year   character   of   appropriations  —  Exceptions.  —  No 
specific  or  indefinite  appropriation  made  hereafter  in  any  regular 
annual  appropriation  Act  shall  be  construed  to  be  permanent  or 
available  continuously  without  reference  to  a  fiscal  year  unless  it 
belongs  to  one  of  the  following  five  classes  :  "  Rivers  and  harbors," 
"  lighthouses,"  "  fortifications,"  u  public  buildings,"  and  "  pay  of  the 
Navy  and  Marine  Corps,"  last  specifically  named  in  and  excepted 
from  the  operation  of  the  provisions  of  the  so-called  "covering-in 
Act  "  approved  June  twentieth,  eighteen  hundred  and  seventy-four. 
or  unless  it  is  made  in  terms  expressly  providing  that  it  shall  con- 
tinue available  beyond  the  fiscal  year  for  which  the  appropriation 
Act  in  which  it  is  contained  makes  provision.    Sec.  7,  Act  of  Aug.  &£, 

(37  Stat.  487). 


*The  use  of  every  fiscal  year  appropriation  is  limited  by  section  3690  of  the 
Revised  Statutes  and  by  its  own  terms  to  the  payment  of  expenses  properly  in- 
curred during  the  fiscal  year  for  which  it  is  made,  or  to  the  fulfillment  of  con- 
tracts properly  made  within  that  year  ;  and  balances  not  needed  for  such  pur- 
poses must  be  carried  to  the  surplus  fund  and  covered  into  the  Treasury  in  con- 
formity with  the  provisions  of  section  5  of  the  act  of  June  20,  1874.  (18  Stat,, 
110;  3  Dig.,  2d  Comp.  Dec.,  par.  96.)  The  use  of  any  part  of  an  appropria- 
tion made  for  one  fiscal  year  for  the  payment  of  any  liability  incurred  during 
a  succeeding  fiscal  year  is  prohibited  by  section  3679  as  well  as  by  section  3690 
of  the  fiscal  year.  (II  Conip.  Dec.,  248.) 

A  proposal  in  writing  to  furnish  supplies  and  a  written  acceptance  by  the 
authorized  agent  of  the  Government  constitute  a  contract  within  the  meaning  of 
section  3690  of  the  Revised  Statutes,  so  as  to  authorize  the  use  of  an  appropria- 
tion for  the  fiscal  year  in  which  the  contract  is  made  in  paying  for  such  por- 
tion of  the  supplies  as  are  delivered  under  the  contract  after  the  expiration 
of  the  fiscal  year.  (II  Comp.  Dec.,  248.) 

An  appropriation  is  properly  chargeable  with  all  the  expenses  necessary  to 
accomplish  the  object  for  which  it  is  made,  unless  particular  items  of  expense 
are  specifically  provided  for  by  some  other  appropriation.  (IV  Comp.  Dec., 
24;  I  id.,  472,  517;  II  id..  74;  III  id.,  623.)  There  is  no  authority  under  an 
act  of  appropriation,  made  specifically  for  the  service  of  a  particular  fiscal 
year,  to  enter  into  a  contract  for  supplies,  etc  ,  for  the  service  of  a  subsequent 
fiscal  year,  and  therefore,  as  to  that  appropriation,  such  a  contract  is  not 
"  properly  made  within  that  year,"  within  the  meaning  of  section  3690,  Revised 
Statutes.  (IV  id.,  553.)  While  it  is  a  rule  that  a  specific  appropriation  ex- 
cludes the  use,  for  the  same  objects,  of  a  general  appropriation,  yet  when  there 
are  two  appropriations  both  applicable  to  the  same  object  they  are  to  be  treated 
as  cumulative,  and  either  or  both  can  be  used  in  the  discretion  of  the  head  of 
the  Department.  (Id.,  121.  See,  also,  I  id.,  533.)  The  balance  of  an  appro- 
priation which  has  been  treated  as  not  limited  to  a  fiscal  year  will,  upon  the 
accomplishment  of  the  object  for  which  it  was  made,  be  covered  into  the  Treas- 
ury, in  analogy  to  the  practice  required  by  law  (act  of  June  23,  1874,  18  Stat., 


MILITARY   LAWS   OF   THE   UNITED   STATES.  73 

195.  Fiscal  year. — The  fiscal  year  of  the  Treasury  of  the  United 
States  in  all  matters  of  accounts,  receipts,  expenditures,  estimates, 
and  appropriations,  except  accounts  of  the  Secretary  of  the  Senate 
for  compensation  and  traveling  expenses  of  Senators,  and  accounts 
of  the  Sergeant-at-Arms  of  the  House  of  Representatives  for  com- 
pensation and  mileage  of  Members  and  Delegates,  shall  commence 
on  the  first  day  of  July  in  each  year ;  and  all  accounts  of  receipts  and 
expenditures  required  by  law  to  be  published  annually  shall  be  pre- 
pared and  published  for  the  fiscal  year,  as  thus  established.     The 
fiscal  year  for  the  adjustment  of  the  accounts  of  Secretary  of  the 
Senate  for  compensation  and  traveling  expenses  of  Senators,  and  of 
the  Sergeant-at-Arms  of  the  House  of  Representatives  for  compen- 
si.tion  and  mileage  of  Members  and  Delegates,  shall  extend  to  and 
include  the  third  day  of  July.    Sec.  837,  R.  $.,  as  amended  ~by  sec.  P, 
Act  of  Oct.  1, 1890  (26  Stat.  646). 

196.  Transmittal  of  accounts  to   Washington  and  to  auditors. — 
All  monthly  accounts  shall  be  mailed  or  otherwise  sent  to  the  proper 
officer  at  Washington  within  ten  days  after  the  end  of  the  month  to 
which  they  relate,  and  quarterly  and  other  accounts  within  twenty 
days  after  the  period  to  which  they  relate,  and  shall  be  transmitted 
to  and  received  by  the  Auditors  within  sixty  days  of  their  actual 
receipt  at  the  proper  office  in  Washington  in  the  case  of  monthly, 
and  sixty  days  in  the  case  of  quarterly  and  other  accounts.    Should 
there  be  any  delinquency  in  this  regard  at  the  time  of  the  receipt  by 

275)  in  the  case  of  balances  of  appropriations  for  the  construction  of  public 
buildings.  (I  Comp.  Dec.,  487.) 

An  appropriation  found  in  an  annual  appropriation  act  and  made  specifically 
for  the  service  of  a  certain  fiscal  year  is  not  available  thereafter  except  in  pay- 
ment of  expenses  properly  incurred,  or  in  the  fulfillment  of  contracts  properly 
made  within  the  year  as  provided  in  section  3690  of  the  Revised  Statutes. 
(I  id.,  170.) 

Congress  intends  that  each  annual  appropriation  should  bear  the  burdens  of 
the  particular  year  for  which  it  is  granted,  and  that  it  should  be  for  the  proper 
use  of  that  year,  and  no  other.  (VI  id.,  815.) 

Permanent  appropriations  are  those  made  for  an  unlimited  period.  Indefinite 
appropriations  are  those  in  which  no  amount  is  named.  (XIII  Opin.  Att.  Gen., 
289.)  A  "permanent  specific  appropriation"  is  one  which  requires  the  money 
payable  by  virtue  of  it  to  be  applied  to  an  object  specifically  pointed  out  by 
law,  and  which  may  be  so  applied  at  any  time  in  the  future,  and  not  merely  for 
the  service  of  the  current  fiscal  year.  It  exists  when  the  act  of  Congress  which 
made  it  points  out  the  purpose  to  which  it  applies,  and  shows  that  it  was  in- 
tended to  be  used  in  the  future,  without  limit  as  to  time.  If  the  object  to 
which  it  is  to  be  applied  has  no  reference  to,  or  connection  with,  the  service  of 
any  particular  year,  the  appropriation  may  be  considered  as  permanent,  where 
such  intention  is  apparent  in  the  act  making  it.  If  it  be  for  the  discharge  of  an 
existing  obligation  having  no  connection  with  the  service  of  the  current  year, 
and  not  in  part  discharge  of  a  continuous  service,  it  may  reasonably  be  sup- 
posed that  Congress  intended  the  liability  to  be  paid  without  reference  to  time. 
(2  Lawrence,  Comp.  Dec.,  2d  ed.,  240;  III  Comp.  Dec..  623.  625.) 

Section  10,  act  of  March  4,  1909  (35  Stat.  1027),  provided  that  all  unex- 
pended and  unobligated  balances  of  appropriations  which  remained  on  the 
books  of  the  Treasury  July  1,  1904,  except  balances  of  permanent  specific  appro- 
priations, should  be  carried  to  the  surplus  fund  and  covered  into  the  Treasury, 
and  defined  the  term  "  permanent  specific  appropriation  "  within  the  meaning 
of  that  act. 


74  MILITAEY  LAWS   OF   THE  UNITED   STATES. 

the  Auditor  of  a  requisition  for  an  advance  of  money,  he  shall  dis- 
approve the  requisition,  which  he  may  also  do  for  other  reasons 
arising  out  of  the  condition  of  the  officer's  accounts  for  whom  the 
advance  is  requested;  but  the  Secretary  of  the  Treasury  may  over- 
rule the  Auditor's  decision  as  to  the  sufficiency  of  these  latter  reasons : 
Provided,  That  the  Secretary  of  the  Treasury  shall  prescribe  suit- 
able rules  and  regulations,  and  may  make  orders  in  particular  cases, 
relaxing  the  requirement  of  mailing  or  otherwise  sending  accounts, 
as  aforesaid,  within  ten  or  twenty  days,  or  waiving  delinquency,  in 
such  cases  only  in  which  there  is,  or  is  likely  to  be,  a  manifest  physi- 
cal difficulty  in  complying  with  the  same,  it  being  the  purpose  of 
this  provision  to  require  the  prompt  rendition  of  accounts  without 
regard  to  the  mere  convenience  of  the  officers,  and  to  forbid  the 
advance  of  money  to  those  delinquent  in  rendering  them:  Provided 
further,  That  should  there  be  a  delay  by  the  administrative  Depart- 
ments beyond  the  aforesaid  sixty  days  in  transmitting  accounts,  an 
order  of  the  President  [or,  in  the  event  of  the  absence  from  the  seat 
of  Government  or  sickness  of  the  President,  an  order  of  the  Secre- 
tary of  the  Treasury]  in  the  particular  case  shall  be  necessary  to 
authorize  the  advance  of  money  requested:  And  provided  further, 
That  this  section  shall  not  apply  to  accounts  of  the  postal  revenue 
and  expenditures  therefrom,  which  shall  be  rendered  as  now  required 
by  law.  Sec.  12,  Act  of  July  31, 1894  ($8  Stat.  209) ;  Act  of  Mar.  2, 
1901  (31  Stat.  910). 

(For  the  requirement  that  accounts  shall  be  rendered  monthly,  and  that 
distinct  accounts  shall  be  made  under  the  various  appropriations,  see  pars.  417 
and  418  post.  The  above  quoted  act  was  amended  by  the  insertion  of  the  clause 
in  brackets  by  section  4  of  the  act  of  March  2,  1895.  (28  Stat.  807.) ) 

197.  Rules  for  administrative  examination  of  accounts. — It  shall 
also  be  the  duty  of  the  heads  of  the  several  Executive  Departments 
and  of  the  proper  officers  of  other  Government  establishments,  not 
within  the  jurisdiction  of  any  Executive  Department,  to  make  appro- 
priate rules  and  regulations  to  secure  a  proper  administrative  exami- 
nation of  all  accounts  sent  to  them,  as  required  by  section  twelve  of 
this  act,  before  the  transmission  to  the  Auditors,  and  for  the  execu- 
tion of  other  requirements  of  this  act  in  so  far  as  the  same  relate  to 
the  several  departments  or  establishments.    Sec.  22,  Act  of  July  31, 
1894  (28  Stat.  210) .     (See  Pars.  655  and  656,  A.  R.,  1913.) 

198.  Administrative  examination  of  accounts. — Hereafter  the  ad- 
ministrative examination  of  all  public  accounts,  preliminary  to  their 
audit  by  the  accounting  officers  of  the  Treasury,  shall  be  made  as  con- 
templated by  the  so-called  Dockery  Act,  approved  July  thirty-first, 
eighteen  hundred  and  ninety-four,  and  all  vouchers  and  pay  rolls 
shall  be  prepared  and  examined  by  and  through  the  administrative 
heads  of  divisions  and  bureaus  in  the  executive  departments  and  not 


MILITARY   LAWS   OF   THE   UNITED   STATES.  75 

by  the  disbursing  clerks  of  said  departments,  except  those  vouchers 
heretofore  prepared  outside  of  Washington  may  continue  to  be  so 
prepared  and  the  disbursing  officers  shall  make  only  such  examina- 
tion of  vouchers  as  may  be  necessary  to  ascertain  whether  they  repre- 
sent legal  claims  against  the  United  States.  Act  of  Aug.  23, 1912  (37 
Stat.  375). 

199.  Officers  delinquent  in  rendering  accounts. — The  Secretary  of 
the  Treasury  shall,  on  the  first  Monday  of  January  in  each  year,  make 
report  to  Congress  of  such  officers  and  administrative  departments 
and  offices  of  the  Government  as  were,  respectively,  at  any  time  dur- 
ing the  last  preceding  fiscal  year  delinquent  in  rendering  or  trans- 
mitting accounts  to  the  proper  offices  in  Washington  and  the  cause 
therefor,  and  in  each  case  indicating  whether  the  delinquency  was 
waived,  together  with  such  officers,  including  postmasters  and  officers 
of  the  Post-Office  Department,  as  were  found  upon  final  settlement  of 
their  accounts  to  have  been  indebted  to  the  Government,  with  the 
amount  of  such  indebtedness  in  each  case,  and  who,  at  the  date  of 
making  report,  had  failed  to  pay  the  same  into  the  Treasury  of  the 
United  States.1    Sec.  4,  Act  of  May  28, 1896  (29  Stat.  179) . 

200.  Forms  of  keeping  and  rendering  accounts  to  be  prescribed 
by. — The  Comptroller  of  the  Treasury  shall,  under  the  direction  of 
the  Secretary  of  the  Treasury,  prescribe  the  forms  of  keeping  and 
rendering  all  public  accounts,  except  those  relating  to  the  postal  reve- 
nues and  expenditures  therefrom.2    Sec.  5,  Act  of  July  31,  1894  (&8 
Stat.  206.) 

1  Section  260  o£  the  Revised  Statutes  requires  that  the  Secretary  of  the  Treas- 
ury shall  lay  before  Congress  at  the  commencement  of  each  regular  session,  ac- 
companying his  annual  statement  of  the  public  expenditure,  the  reports  which 
may  be  made  to  him  by  the  Auditors  charged  with  the  examination  of  the  ac- 
counts of  the  Department  of  War  and  the  Department  of  the  Navy,  respectively, 
showing  the  application  of  the  money  appropriated  for  those  Departments  for 
the  preceding  year. 

This  provision  replaces  the  requirement  of  section  12  of  the  act  of  July  31, 
1894  (28  Stat.  209),  that  "  the  Secretary  of  the  Treasury  shall,  on  the  first  Mon- 
day in  January  in  each  year,  make  report  to  Congress  of  such  officers  as  are 
then  delinquent  in  the  rendering  of  their  accounts  or  in  the  payment  of  balances 
found  due  from  them  for  the  last  preceding  fiscal  year." 

2  Public  accounts,  within  the  meaning  of  section  5  of  the  act  of  July  31,  1894, 
which  provides  that  the  Comptroller  of  the  Treasury  shall  "  prescribe  the  form 
of  keeping  and  rendering  all  public  accounts,"  are  accounts  in  which  the  United 
States  is  concerned  either  as  debtor  or  creditor.     (VI  Comp.  Dec.  35.) 

Our  scheme  of  government  includes  an  accounting  system,  with  proper  officers 
thereof,  and  it  seems  reasonable  to  conclude  that  when  the  law  provides  for  an 
accounting,  and  makes  no  special  provision  therefor,  it  was  the  legislative  intent 
that  the  accounting  should  be  done  in  the  usual  manner — that  is,  by  the  account- 
ing officers  of  the  Treasury  Department.  (Id.  283,  284.) 

The  act  of  July  31,  1894,  specifically  devolves  upon  the  accounting  officers  of 
the  Treasury  the  particular  duties  of  examining  the  public  accounts  and  certi- 
fying balances  arising  thereon ;  and  their  exercise  of  those  duties,  including  the 
weighing  of  evidence,  the  construction  of  statutes,  and  the  application  of  general 
principles  of  law  in  connection  therewith,  is  exclusive.  (V  id.  410.) 

All  accounts  for  the  expenditure  of  public  moneys  should  be  itemized  so  far  as 
practicable,  and  a  discretion  given  to  the  officer  having  control  of  an  appropria- 
tion does  not  dispense  with  this  requirement.  (IV  id.  159.) 


76  MILITARY   LAWS   OF   THE   UNITED   STATES. 

201.  Authorized  to  direct  settlement  of  particular  accounts. — The 
Comptroller  of  the  Treasury,  in  any  case  where,  in  his  opinion,  the 
interests  of  the  Government  require  it,  shall  direct  any  of  the  auditors 
forthwith  to  audit  and  settle  any  particular  account  which  such 
auditor  is  authorized  to  audit  and  settle.    Sec.  6,  id. 

202.  Decisions  to  govern  in  settlements. — Disbursing  officers,  or  the 
head  of  any  Executive  Department,  or  other  establishment  not  under 
any  of  the  Executive  Departments,  may  apply  for  and  the  Comp- 
troller of  the  Treasury  shall  render  his  decision  upon  any  question 
involving  a  payment  to  be  made  by  them  or  under  them,  which  deci- 
sion, when  rendered,  shall  govern  the  Auditor  and  the  Comptroller 
of  the  Treasury  in  passing  upon  the  account  containing  said  dis- 
bursement.1   Sec.  8,  id. 

203.  Recovery  of  money — Institution  of  suits  for. — Whenever  any 
person  accountable  for  public  money  neglects  or  refuses  to  pay  into 
the  Treasury  the  sum  or  balance  reported  to  be  due  to  the  United 
States  upon  the  adjustment  of  his  account,  the  Comptroller  of  the 
Treasury  shall  institute  suit  for  the  recovery  of  the  same,  adding  to 
the  sum  stated  to  be  due  on  such  account  the  commissions  of  the  de- 
linquent, which  shall  be  forfeited  in  every  instance  where  suit  is 
commenced  and  judgment  obtained  thereon,  and  an  interest  of  six 

1  Paragraph  6,  section  8,  of  the  act  of  July  31,  1894,  does  not  authorize  the 
Comptroller  to  render  a  decision  in  advance  of  the  settlement  of  accounts, 
except  upon  questions  presented  by  disbursing  officers  or  the  heads  of  Executive 
Departments  involving  payments  to  be  made  by  them.  (1  Comp.  Dec.,  1 ;  see 
also  id.,  87,  139,  411,  431,  500;  III  Id.,  529;  IV  Id.,  332.)  Nor  is  the  Comp- 
troller authorized  to  render  such  advance  decision  until  the  head  of  a  Depart- 
ment, having  control  of  an  appropriation,  determines  to  apply  it  to  a  particular 
purpose.  (1  id.,  89.)  The  Comptroller  has  no  jurisdiction  to  entertain  such 
an  application  when  made  by  the  head  of  a  bureau  in  an  Executive  Depart- 
ment. (1  id.,  199.)  Nor  when  the  request  comes  from  the  head  of  one  Execu- 
tive Department  in  respect  to  an  appropriation  under  the  head  of  another 
Executive  Department.  (1  id.,  317.) 

Requests  for  the  decision  of  the  Comptroller,  under  section  8  of  the  act  of  July 
31,  1894,  must  be  made  by  the  disbursing  officer  himself  and  not  by  an  attorney 
authorized  to  represent  him  in  the  settlement  of  his  accounts.  (I  id.,  502.) 

When  an  expense  has  not  yet  been  incurred,  and  a  decision  of  the  Comptroller 
is  desired  for  the  guidance  of  a  Department,  the  request  therefor  should  be  pre- 
sented by  the  head  of  the  Department  having  control  of  the  appropriation,  and 
not  by  the  disbursing  officer.  (I  id.,  500.) 

The  Comptroller  of  the  Treasury  is  not  authorized  to  render  decisions  to  dis- 
bursing officers  upon  questions  of  law  pertaining  to  payments  which  have  been 
made  by  them.  (V  Comp.  Dec.,  727.) 

The  Comptroller  of  the  Treasury  is  not  authorized  to  render  to  the  heads  of 
Departments  advisory  opinions  upon  questions  of  law  not  involving  payments  to 
be  made  by  or  under  them.  (Id.,  653.) 

A  statement  by  the  Comptroller  of  the  Treasury  in  an  advance  decision,  upon 
a  statement  of  facts  submitted  by  a  disbursing  officer,  which  is  broader  than 
the  facts  stated  rendered  necessary,  is  a  mere  dictum  and  is  not  binding  upon 
the  Auditor  or  the  Comptroller  in  the  settlement  of  the  account  of  the  disburs- 
ing officer.  (V  id.,  562.) 

Under  the  act  of  July  31,  1894,  the  Auditors  of  the  Treasury  are  not  author- 
ized to  render  decisions  in  advance  of  the  settlement  of  accounts,  such  authority 
being,  by  section  8  of  said  act,  granted  only  to  the  Comptroller  of  the  Treasury. 
(I  id.,  94.) 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  77 

per  centum  per  annum  from  the  time  of  receiving  the  money  until  it 
shall  be  repaid  into  the  Treasury.  Sec.  36^4,  R-  $•?  as  amended  ~by 
Sec.  4  of  the  Act  of  July  31, 1894  (®$  Stat.  205). 

(See  U.  S.  v.  Gaussen,  19  Wall.,  198,  and  U.  S.  v.  Verdier,  164  U.  S.,  213,  219.) 

204.  Auditors  for  the  War  and  Navy  Departments — Duties. — The 
Auditors  charged  with  the  examination  of  the  accounts  of  the  De- 
partments of  War  and  of  the  Navy  shall  keep  all  accounts  of  the  re- 
ceipts and  expenditures  of  the  public  money  in  regard  to  those 
Departments,  and  of  all  debts  due  to  the  United  States  on  moneys 
advanced   relative   to  those  Departments;   shall   receive   from   the 
Comptroller  the  accounts  which  shall  have  been  finally  adjusted, 
and  shall  preserve  such  accounts,  with  their  vouchers  and  certificates, 
and  record  all  requisitions  drawn  by  the  Secretaries  of  those  Depart- 
ments, the  examination  of  the  accounts  of  which  has  been  assigned 
to  them.     They  shall  annually,  on  the  first  Monday  in  November, 
severally  report  to  the  Secretary  of  the  Treasury  the  application  of 
the  money  appropriated  for  the  Department  of  War  and  the  Depart- 
ment of  the  Navy,  and  they  shall  make  such  reports  on  the  business 
assigned  to  them  as  the  Secretaries  of  those  Departments  may  deem 
necessary  and  require.    Sec.  %83,  R.  S. 

205.  Auditor  for  the  War  Department — Duties. — Accounts  shall 
be  examined  by  the  Auditors  as  follows:     *     *     *     Second.   The 
Auditor   for  the  War  Department  shall  receive  and  examine   all 
accounts  of  salaries  and  incidental  expenses  of  the  office  of  the  Sec- 
retary of  War  and  all  bureaus  and  offices  under  his  direction,  all 
accounts  relating  to  the  military  establishment,  armories  and  ar- 
senals,   national    cemeteries,    fortifications,    public    buildings    and 
grounds  under  the  Chief  of  Engineers,  rivers  and  harbors,  the  Mil- 
itary Academy,  and  to  all  other  business  within  the  jurisdiction  of 
the  Department  of  War,  and  certify  the  balances  arising  thereon  to 
the  Division  of  Bookkeeping  and  Warrants,  and  send  forthwith  a 
copy  of  each  certificate  to  the  Secretary  of  War.    Sec.  7,  Act  of  July 
31,1894  (28  Stat.%06). 

206.  Recovery  of  debts — Superintendence  of. — The  Auditors,  under 
the  direction  of  the  Comptroller  of  the  Treasury,  shall  superintend 
the  recovery  of  all  debts  finally  certified  by  them,  respectively,  to  be 
due  to  the  United  States.    Sec.  4,  id. 

207.  Balances,  when  certified,  final,  except  that  they  are  subject  to 
revision  by  Comptroller. — The  balances  which  may  from  time  to  time 
be  certified  by  the  Auditors  to  the  division  of  bookkeeping  and  war- 
rants, or  to  the  Postmaster-General,  upon  the  settlement  of  public 
accounts,  shall  be  final  and  conclusive  upon  the  executive  branch  of 
the  Government,  except  that  any  person  whose  accounts  have  been 
settled,  the  head  of  an  Executive  Department  to  which  the  account 
pertains,  or  the  Comptroller  of  the  Treasury,  may,  within  a  year, 


78  MILITARY   LAWS   OF   THE   UNITED   STATES. 

obtain  a  revision  of  the  said  account  by  the  Comptroller  of  the  Treas- 
ury, whose  decision  upon  such  revision  shall  be  final  and  conclusive 
upon  the  executive  branch  of  the  Government:  Provided,  That  the 
Secretary  of  the  Treasury  may,  when  in  his  judgment  the  interests 
of  the  Government  require  it,  suspend  payment  and  direct  the  reex- 
amination  of  any  account.1  Sec.  #,  id. 

208.  Acceptance  of  payment  under  settlement. — Any  person  ac- 
cepting payment  under  a  settlement  by  an  auditor  shall  be  thereby 

1  Under  section  8  of  the  act  of  July  31,  1894,  an  appeal  will  not  lie  to  the 
Comptroller  of  the  Treasury  except  from  the  final  certificate  of  an  auditor.  A 
suspension  of  action  upon  a  case  by  an  auditor  is  not  a  final  decision  of  such 
officer.  (Id.,  381).  An  appeal  to  the  Comptroller  from  the  action  of  an  auditor 
will  not  lie  until  the  auditor  has  taken  final  action  in  the  case.  A  suspension 
for  further  evidence  is  not  a  final  decision  upon  which  an  appeal  can  be  based. 
(I  Comp.  Dec.,  448,  500.) 

(1)  The  Auditor,  in  the  first  instance,  has  the  original  and  exclusive  juris- 
diction to  receive,  examine,  and  settle  all  accounts. 

(2)  The  Comptroller  is  without  jurisdiction  to  entertain  any  claim  not  pre- 
viously passed  upon  and  settled  by  the  Auditor,  and,  until  the  Auditor  has 
settled  the  account,  the  Comptroller  is  without  jurisdiction  to  revise  it. 

(3)  The  settlement  of  an  account  by  the  Auditor,  so  far  as  the  claimant's 
right  or  power  before  the  accounting  officers  is  concerned,  is  final  and  conclu- 
sive, except  that  any  person  whose  account  may  have  been  settled  by  the 
Auditor  may,  within  a  year,  obtain  a  revision  of  said  account  by  the  Comp- 
troller. 

(4)  The  per  sou  who  may  obtain  such  revision  is  the  person  whose  account 
has  been  settled  by  the  Auditor.     (V  Comp.  Dec.,  333,  334.) 

The  Comptroller  has  the  exclusive  right  to  reopen  an  account  which  has  been 
revised  by  himself  or  his  predecessors.  (IV  Comp.  Dec.,  303.)  After  the  ex- 
piration of  a  year  from  the  date  of  settlement  an  Auditor  has  the  exclusive 
right  to  reopen  an  account  settled  by  himself  or  his  predecessors.  (Id.)  Before 
the  expiration  of  a  year  the  right  of  revision  by  the  Comptroller  is  exclusive, 
and  an  Auditor  can  not  reopen  an  account  within  that  period.  ( Id. )  After  the 
expiration  of  six  months  from  the  date  of  settlement  by  the  Second  Auditor, 
under  the  act  of  July  1,  1892  (27  Stat,  194),  no  appeal  having  been  taken 
within  that  period,  the  Auditor  for  the  War  Department  has  the  exclusive  right 
to  reopen  the  settlement.  (Id.,  471.) 

Section  8  of  the  act  of  July  31,  1894,  specifies  the  officers  and  persons  by  whom 
the  revision  of  accounts  by  the  Comptroller  may  be  obtained,  and  it  must  be 
construed  to  be  exclusive.  (IV  Comp.  Dec.,  723.)  Under  section  8  of  the  act 
of  July  31,  1894,  the  Comptroller  of  the  Treasury  is  authorized  to  revise,  upon 
his  own  motion,  all  items  embraced  in  an  account,  including  items  upon  which 
payment  has  been  accepted;  and  in  particular  instances,  where  justice  requires 
it,  such  authority  may  be  exercised  in  favor  of  a  claimant.  (Id.,  622.) 

The  accounting  officers  are  not  authorized  to  reopen  accounts  which  have  been 
settled,  except  for  the  purpose  of  correcting  mistakes  of  fact  arising  from  errors 
of  calculation,  or  upon  the  production  of  newly  discovered  material  evidence. 
(VI  Comp.  Dec.,  236.)  The  accounting  officers  are  not  authorized  to  reopen 
accounts  for  the  purpose  of  correcting  decisions  upon  questions  of  law  subse- 
quently held  to  be  erroneous.  (Id.,  91.) 

The  right  of  the  accounting  officers  to  reopen  accounts  which  have  been  set- 
tled, either  by  themselves  or  their  predecessors,  for  the  purpose  of  correcting 
mistakes  of  fact  arising  from  errors  of  calculation,  or  upon  the  production  of 
newly  discovered  material  evidence,  or  for  fraud  or  collusion,  has  received  the 
sanction  of  the  courts  and  of  the  law-making  power.  The  act  of  July  31,  1894, 
does  not  take  away  or  modify  that  right.  (IV  Comp.  Dec.,  303.) 

Where  the  Comptroller  has  made  a  final  settlement  of  a  claim  from  the  War 
Department,  an  order  of  the  Secretary  that  the  accounts  be  reexamined  has  no 
validity.  (B.  &  O.  R.  R.  Co.  v.  U.  S.  31,  Ct.  Cls.,  484.) 

In  a  case  where  the  Auditor  for  the  War  Department  disallowed  the  claim  of 
a  soldier  for  pay  and  allowances  upon  the  ground  of  desertion,  and,  subse- 
quent to  said  settlement,  the  Secretary  of  War  has  removed  the  charge  of  de- 
sertion and  issued  a  discharge  certificate  under  the  act  of  March  2,  1889 :  Held, 


MILITARY   LAWS   OF    THE   UNITED   STATES.  79 

precluded  from  obtaining  a  revision  of  such  settlement  as  to  any 
items  upon  which  payment  is  accepted ;  but  nothing  in  this  act  shall 
prevent  an  Auditor  from  suspending  items  in  an  account  in  order  to 
obtain  further  evidence  or  explanations  necessary  to  their  settlement. 
When  suspended  items  are  finally  settled,  a  revision  may  be  had  as  in 
the  case  of  the  original  settlement.  Action  upon  any  account  or 
business  shall  not  be  delayed  awaiting  applications  for  revision: 

That  the  application  for  pay  and  allowances  upon  said  amendment  of  record  is 
a  new  claim,  coming  within  the  jurisdiction  of  the  Auditor  for  the  War  Depart- 
ment, and  is  not  to  be  regarded  as  an  appeal  under  section  8,  act  of  July  31, 
1894,  or  an  application  for  a  rehearing.  (Ill  Comp.  Dec.,  144;  IV  id.,  303,  332, 
471,  622,  723.) 

Under  the  act  of  July  31,  1894,  an  auditor  has  no  jurisdiction  to  review  his 
own  final  action  in  the  settlement  of  an  account,  but  such  settlement  can  be 
reopened  only  on  a  revision  thereof  by  the  Comptroller  of  the  Treasury  within 
a  year,  as  provided  in  section  8  of  said  act.  (I  Comp.  Dec.,  27.  See,  also,  id., 
31,  78,  87,  139,  199,  317,  381,  448,  500,  502;  II  Id.,  4,  401,  510.) 

Under  section  8  of  the  act  of  July  31,  1894,  appeals  from  disallowances  by  the 
auditors  must  be  taken  within  a  year  from  the  date  of  the  settlement.  If  taken 
after  the  expiration  of  a  year,  the  Comptroller  is  without  jurisdiction  to  enter- 
tain the  appeal.  (Id.,  510.) 

This  paragraph  expressly  repeals  section  1  of  the  act  of  March  30,  1868  (sec. 
191,  Rev.  Stat).  The  clause  "shall  be  conclusive  upon  the  Executive  Depart- 
ments of  the  Government,"  which  formed  a  part  of  the  repealed  section,  was 
enacted  to  settle  a  long-pending  dispute  between  the  accounting  officers  and  the 
heads  of  departments  as  to  their  respective  powers  over  claims  and  accounts, 
nnd  has  been  interpreted  to  relate  "  only  to  matters  of  accounting  in  the  Treas- 
ury Department,  and  of  ascertaining  the  balance  in  each  particular  account 
which  shall  be  drawn  from  the  Treasury.  *  *  *  It  makes  conclusive  upon 
the  executive  branch  of  the  Government  only 'the  'balances'  stated  by  the 
accounting  officers  and  their  '  decision  thereon '  for  the  purpose  of  determining 
for  what  amounts,  if  any,  warrants  may  be  drawn  on  the  Treasury.  *  *  * 
It  does  not  make  such  decisions  conclusive  upon  the  head  of  a  department  in  the 
exercise  of  his  discretion  as  to  orders  to  be  issued  to  his  subordinates  in  such 
connections  as  the  one  now  under  consideration."  (Billings  v.  U.  S.,  23  Ct.  Cls., 
166;  McKee  v.  United  States,  12  id.,  504.)  It  was  held  in  the  case  of  Surgeon 
Billings  (23  Ct.  Cls.,  166)  that  the  War  Department  had  authority  to  send  a 
surgeon  to  the  International  Medical  Congress  at  London  at  the  expense  of  the 
Government,  that  being  a  military  service  which  a  surgeon  could  be  required  to 
render.  In  the  case  of  Paymaster  Smith  (24  Ct.  Cls.,  209)  it  was  held  that  the 
employment  of  experts  before  a  court-martial  was  within  the  legal  and  proper 
discretion  of  the  Secretary  of  War.  In  the  case  of  the  United  States  v.  Jones 
(18  How.,  92,  95)  the  court  held  "  that  the  Secretary  of  the  Navy  represents  the 
President  and  exercises  his  power  on  the  subjects  confided  to  his  Department. 
He  is  responsible  to  the  people  and  to  the  law  for  any  abuse  of  the  powers 
intrusted  to  him.  His  acts  and  decisions  on  subjects  submitted  to  his  jurisdic- 
tion and  control  by  the  Constitution  and  laws  do  not  require  the  approval  of 
any  officer  of  any  other  department  to  make  them  valid  and  conclusive.  The 
accounting  officers  of  the  Treasury  have  not  the  burden  cast  upon  them  of 
reviewing  the  judgments,  correcting  the  supposed  mistakes,  or  annulling  the 
orders  of  the  heads  of  departments."  (See,  also,  U.  S.  v.  McDaniel,  7  Pet,  1,  14; 
U.  S.  v.  Eliason,  16  Pet.,  291 ;  Brown  v.  U.  S.,  113  U.  S.,  568,  571;  Edwards  v. 
Darby,  12  Wheat.,  206 ;  U.  S.  v.  Pugh,  99  U.  S.,  265 ;  Parkhurst  v.  U.  S.,  29  Ct. 
Cls.,  399.) 

When  the  Government  is  estopped  from  further  controverting  a  question  ad- 
judicated by  a  court  of  competent  jurisdiction  it  is  the  duty  of  the  accounting 
officers  to  follow  the  decision  in  subsequent  settlements  of  the  parties'  accounts. 
The  legislation  of  Congress  and  the  decisions  of  the  Supreme  Court  unmistakably 
indicate  that  judgments  of  this  court,  not  appealed  from,  are  obligatory  upon  the 
Government  as  upon  the  claimant,  and  are  intended  to  be  guides  and  precedents 
for  the  Executive  Departments.  (Meigs  v.  U.  S.,  20  Ct.  Cls.,  181;  U.  S.  v. 
O'Grady,  22  Wall.,  641;  Wis.  Cent.  R.  R.  Co.  v.  U.  S.,  164  U.  S.,  190.) 


80  MILITARY   LAWS   OF    THE   UNITED   STATES. 

Provided,  That  the  Secretary  of  the  Treasury  shall  make  regula- 
tions fixing  the  time  which  shall  expire  before  a  warrant  is  issued  in 
payment  of  an  account  certified  as  provided  in  sections  seven  and 
eight  of  this  act.  Sec.  #,  id. 

209.  Decisions  construing  statutes  to  "be  revised  ~by  Comptroller. — 
All  decisions  by  Auditors  making  an  original  construction  or  modi- 
fying an  existing  construction  of  statutes  shall  be  forthwith  reported 
to  the  Comptroller  of  the  Treasury,  and  items  in  any  account  affected 
by  such  decisions  shall  be  suspended  and  payment  thereof  withheld 
until  the  Comptroller  of  the  Treasury  shall  approve,  disapprove,  or 
modify  such  decisions  and  certify  his  actions  to  the  Auditor.    All 
decisions  made  by  the  Comptroller  of  the  Treasury  under  this  act 
shall  be  forthwith  transmitted  to  the  Auditor  or  Auditors  whose 
duties  are  affected  thereby.    Sec.  5,  id. 

210.  Preservation  of  accounts. — The  auditors  shall,  under  the  direc- 
tion of  the  Comptroller  of  the  Treasury,  preserve  with  their  vouchers 
and  certificates  all  accounts  which  have  been  finally  adjusted.    -Sec. 
8,  id. 

211.  Settlements  not  to  ~be  reopened. — Nothing  in  this  act  shall  be 
construed  to  authorize  the  reexamination  and  payment  of  any  claim 
or  account  which  has  heretofore  been  disallowed  or  settled.1     Sec. 
23,  id. 

*The  accounting  officers  have  no  jurisdiction  to  reopen  settlements  made  by 
their  predecessors,  because  a  subsequent  decision  of  the  courts  has  so  changed 
the  construction  of  the  law  under  which  the  settlements  were  made  as  to  war- 
rant a  different  result  in  the  settlements.  (2  Comp.  Dec.,  401.) 

Settled  accounts  in  the  Treasury  Department,  where  the  United  States  have 
acted  on  the  settlement  and  paid  the  balance  therein  found  due,  can  not  be 
opened  or  set  aside  years  afterwards  merely  because  some  of  the  prescribed 
steps  in  the  accounting  which  it  was  the  duty  of  a  head  of  a  department  to  see 
had  been  taken  had  in  fact  been  omitted,  or  on  account  of  technical  irregulari- 
ties when  the  remedy  of  the  party  against  the  United  States  is  barred  by  the 
statute  of  limitation  and  the  remedies  of  the  United  States  are  intact,  owing 
to  its  not  being  subject  to  an  act  of  limitation.  (U.  S.  v.  Johnston,  124  U.  S., 
236,  1  Comp.  Dec.,  192.) 

An  error  by  a  predecessor  in  construing  the  law  applicable  to  the  claim  he 
has  adjusted  is  no  ground  for  a  rehearing.  (See  vol.  19,  Ct.  Cls.  Dec.,  508;  23 
id.,  123;  25  id.,  327;  and  29  id.,  225;  U.  S.  Supreme  Court  Dec.,  15  Pet.,  400; 
11  Comp.  Dec.,  459.) 

An  error  by  a  predecessor  in  construing  the  law,  applicable  to  the  claim  he 
has  adjusted  is  no  ground  for  a  rehearing.  ( See  vol.  19,  Ct.  Cls.,  508 ;  23  id., 
123 ;  25  id.,  327 ;  and  29  id.,  225 ;  15  Pet.,  400 ;  11  Comp.  Dec.,  459.) 

The  accounting  officers  of  the  Treasury  Department  are  not  authorized  to 
reopen  accounts  settled  by  their  predecessors  except  for  the  purpose  of  correct- 
ing mistakes  of  fact  arising  from  errors  in  calculation,  or  upon  the  production 
of  newly  discovered  material  evidence,  or  for  fraud.  (14  Comp.  Dec.,  795.) 

The  act  of  July  31,  1894,  does  not  take  from  the  accounting  officers  the  right 
to  reopen  accounts  which  have  been  settled,  either  by  themselves  or  their  prede- 
cessors, for  the  purpose  of  correcting  mistakes  of  fact  arising  from  errors  of  cal- 
culation, or  upon  the  production  of  newly  discovered  material  evidence,  or  for 
fraud  or  collusion.  (4  Comp.  Dec.,  303;  but  see  1  id.,  27;  2  id.,  210.)  The 
Comptroller  has  the  exclusive  right  to  reopen  an  account  which  has  been  revised 
by  himself  or  his  predecessors.  (4  id.,  303.)  Before  the  expiration  of  a  year 
the  right  of  revision  by  the  Comptroller  is  exclusive,  and  an  Auditor  can  not 
reopen  an  account  within  that  period.  After  the  expiration  of  a  year  from  the 


MILITARY    LAWS    OF    THE    UNITED    STATES.  81 

212.  Accounts  of  Government  officers  in  the  District  of  Columbia 
accessible  to  accounting  officers. — All  books,  papers,  and  other  mat- 
ters relating  to  the  accounts  of  officers  of  the  Government  in  the 
District  of  Columbia  shall  at  all  times  be  subject  to  inspection  and 
examination  by  the  Comptroller  of  the  Treasury  and  the  Auditor 
of  the  Treasury  authorized  to  settle  such  accounts,  or  by  the  duly 
authorized  agents  of  either  of  said  officials.     Sec.  5,  Act  of  Mar.  15, 
1898  (30  Stat.  316}. 

213.  Accounts   of  line   officers — Settlement   of. — The  Auditor  of 
the  Treasury  for  the  War  Department  shall  audit  and  settle  the 
accounts  of  line  officers  of  the  Army,  to  the  extent  of  the  pay  due 
them  for  their  services  as  such,  notwithstanding  the  inability  of  any 
such  line  officer  to  account  for  property  intrusted  to  his  possession, 
or  to  make  his  monthly  reports  or  returns,  if  such  Auditor  shall  be 
satisfied  by  the  affidavit  of  the  officer  or  otherwise  that  the  inability 
was  caused  by  the  officer's  having  been  a  prisoner  in  the  hands  of 
the  enemy,  or  by  any  accident  or  casualty  of  war.     Sec.  278,  R.  S., 
as  amended  ly  Sec.  7  of  the  Act  of  July  31, 1894  (28  Stat.  206} . 

214.  Evidence  of  honorable  discharge  to  be  returned  to  officers  and 
enlisted  men. — In  all  cases  where  it  has  become  necessary  for  any 
officer  or  enlisted  man  of  the  Army  to  file  his  evidence  of  honorable 
discharge  from  the  military  service  of  the  United  States,  to  secure 
the  settlement  of  his  accounts,  the  accounting  officer  with  whom  it 
has  been  filed  shall,  upon  application  by  said  officer  or  enlisted  man, 
deliver  to  him  such  evidence  of  honorable  discharge;  but  his  ac- 
counts shall  first  be  duly  settled,  and  the  fact,  date,  and  amount  of 
such  settlement  shall  be  clearly  written  across  the  face  of  such  evi- 
dence of  honorable  discharge,  and  attested  by  the  signature  of  the 
accounting  officer  before  it  is  delivered.    Sec.  282,  R.  S. 

215.  Claims   and   accounts — Settlement   of. — All   claims   and   de- 
mands whatever  by  the  United  States  or  against  them,  and  all  ac- 
counts whatever  in  which  the  United  States  are  concerned,  either 
as  debtors  or  creditors,  shall  be  settled  and  adjusted  in  the  Depart- 
ment of  the  Treasury.1    Sec.  236,  R.  S. 

date  of  settlement,  an  Auditor  has  the  exclusive  right  to  reopen  an  account 
settled  by  himself  or  his  predecessors.  (Id.) 

Under  section  S  of  the  act  of  July  31,  1804,  the  Comptroller  of  the  Treasury  is 
authorized  to  revise,  upon  his  own  motion,  all  items  embraced  in  an  account, 
including  items  upon  which  payment  has  been  accepted;  and,  in  particular 
instances,  where  justice  requires  it,  such  authority  may  be  exercised  in  favor  of 
a  claimant.  (4  Comp.  Dec.,  623.) 

xThe  act  of  March  3,  1849  (9  Stat.  414;  sees.  3482-3487,  R.  S.),  provided  for 
the  reimbursement  of  officers  and  men  for  horses  and  other  private  property 
lost  in  the  military  service.  Several  limitations  upon  the  filing  of  claims 
under  this  act  have  been  enacted  by  Congress;  but  the  general  limitation  will 
be  found  in  section  2  of  the  act  of  January  9,  1883  (22  Stat.  401),  which  con- 
tains the  requirement  that  "all  claims  arising  under  the  act  approved  March  3, 
1849,  and  all  acts  amendatory  thereof,  which  shall  not  be  filed  in  the  proper 

48985°— 15 6 


82  MILITARY   LAWS   OF    THE   UNITED   STATES. 

216.  Claims  allowed  to  be  reported  to  Congress. — The  Secretary 
of  the  Treasury  shall,  at  the  commencement  of  each  session  of 
Congress,  report  the  amount  due  each  claimant  whose  claim  has 
been  allowed  in  whole  or  in  part  to  the  Speaker  of  the  House  of 
Eepresentatives  and  the  presiding  officer  of  the  Senate,  who  shall 
lay  the  same  before  their  respective  Houses  for  consideration.    Sec. 
8,  Act  of  July  7, 1884  (23  Stat.  254)  • 

217.  Claims  for  property  lost  or  destroyed. — The  proper  account- 
ing officers  of  the  Treasury  are  hereby  authorized  and  directed  to 
examine  into,  ascertain,  and  determine  the  value  of  the  private  prop- 
erty belonging  to  officers  and  enlisted  men  in  the  military  service 
of  the  United  States  which  -has  been,  or  may  hereafter,  be,  lost 
or  destroyed  in  the  military  service,  under  the  following  circum- 
stances : 

department  within  one  year  after  the  passage  of  this  act  shall  be  forever 
barred  and  shall  not  be  received,  considered,  or  audited  by  any  department  of 
the  Government."  Section  2  of  the  act  of  August  13,  1888  (25  Stat.  437), 
suspended  the  limitation  as  to  the  presentation  of  claims  for  losses  of  horses 
during  the  war  of  the  rebellion  for  three  years.  The  act  of  March  3,  1849, 
therefore  became  inoperative  in  respect  to  general  claims  on  August  13,  1889, 
and  as  to  claims  for  horses,  etc.,  lost  during  the  rebellion,  on  August  13,  1891. 

The  act  of  January  9,  1883  (22  Stat.  401,  sec.  2),  providing  that  all  claims 
for  horses  lost  in  battle,  etc.,  which  are  not  filed  in  the  proper  department 
within  one  year  after  the  passage  of  the  act  will  be  barred  and  shall  not  be 
considered  by  any  department  of  the  Government,  does  not  extend  to  the  juris- 
diction of  authority  of  this  court.  The  words  "  filed  in  the  proper  depart- 
ment," and  the  words  "  received,  considered,  and  audited  by  any  department  of 
the  Government,"  are  not  words  of  description  in  reference  to  the  jurisdiction 
of  a  court  (Hardie  v.  U.  S.,  39  Ct.  Cls.,  250.) 

In  the  performance  of  the  duty  imposed  by  this  statute  the  Secretary  of  the 
Treasury  is  not  subject  to  the  control  of  the  courts  of  the  United  States,  and 
the  duty  not  being  ministerial  in  character  a  writ  of  mandamus  will  not  lie 
to  compel  the  allowance  of  a  claim  presented  under  the  statute.  Kendall  v. 
Stockton,  12  Pet.,  524;  Decatur  v.  Paulding,  14  Pet.,  497,  515;  U.  S.  v.  Guthrie, 
17  How.,  284,  304;  Brashear  v.  Mason,  6  How.,  92,  102.  Such  action  on  the 
part  of  the  courts  would  also  be  in  the  nature  of  entertaining  a  suit  against  the 
United  States,  which  is  not  within  their  jurisdiction.  U.  S.  v.  Guthrie,  17 
How.,  284,  305. 

Where  a  claim  within  the  scope  of  his  official  authority  was  submitted  to 
the  Secretary  of  the  Treasury,  and  by  him  decided  adversely,  it  is  incompetent 
for  his  official  successor  to  set  the  same  aside  or  reopen  it  unless  there  has 
been  a  mistake  in  a  matter  of  fact  or  material  testimony  discovered  and  pro- 
duced. V  Opin.  Att.  Gen.,  664.  A  head  of  a  department  of  the  Government  has 
no  right  to  review  the  acts  of  his  predecessors,  except  to  correct  an  error  of 
calculation.  He  can  not  recall  a  credit  given  or  allowance  made.  Such  action 
is  for  the  judiciary.  U.  S.  v.  Bank  of  Metropolis,  15  Pet,  377. 

The  accounting  officers  of  the  Treasury  have  no  jurisdiction  to  settle  claims 
for  unliquidated  damages  arising  from  the  torts  of  the  agents  of  the  Govern- 
ment II  Comp.  Dec.,  174,  487;  McKee  v.  U.  S.,  12  Ct.  Cls.,  556;  Dennis  r. 
U.  S.,  20  id.,  119;  XIV  Opin.  Att  Gen.,  24.  Nor  have  the  accounting  officers 
such  jurisdiction  over  a  claim  for  unliquidated  damages  not  arising  from  the 
tortious  act  of  an  officer  of  the  Government  II  Compt.  Dec.,  487;  I  id.,  261; 
II  id.,  174. 

The  accounting  officers  of  the  United  States  are  without  jurisdiction  to  ex- 
amine and  settle  individual  claims  of  officers  and  enlisted  men  of  the  organ- 
ized militia  of  a  State,  Territory,  or  District  of  Columbia  for  pay,  subsistence, 
and  transportation  while  engaged,  under  the  provisions  of  section  14  of  the  act 
of  January  21,  1903,  in  field  or  camp  service  for  instruction.  (X  Comp. 
Dec.,  635.) 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  83 

First.  When  such  loss  or  destruction  was  without  fault  or  negli- 
gence on  the  part  of  the  claimant.1 

Second.  Where  the  private  property  so  lost  or  destroyed  was 
shipped  on  board  an  unseaworthy  vessel  by  order  of  any  officer 
authorized  to  give  such  order  or  direct  such  shipment.2 

Third.  Where  it  appears  that  the  loss  or  destruction  of  the  private 
property  of  the  claimant  was  in  consequence  of  his  having  given 
his  attention  to  the  saving  of  the  property  belonging  to  the  United 
States  which  was  in  danger  at  the  same  time  and  under  similar 
circumstances.  And  the  amount  of  such  loss  so  ascertained  and 
determined  shall  be  paid  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  and  shall  be  in  full  for  all  such  loss  or  dam- 
age :  Provided,  That  any  claim  which  shall  be  presented  and  acted  on 
under  authority  of  this  act  shall  \$  held  as  finally  determined,  and 
shall  never  thereafter  be  reopened  or  considered:  And  provided 
further,  That  this  act  shall  not  apply  to  losses  sustained  in  time  of 

1  Clause  first  stands  alone  as  an  independent  basis  for  a  claim,  and  was  in- 
tended to  reach  cases  not  covered  by  the  other  two  clauses.     This  clause  is 
broader  in  its  scope  than  the  two  succeeding  clauses,  but  absence  of  fault  or 
negligence  must  be  proven  if  the  claim  is  made  under  it.    Broad  as  this  clause 
is,  it  does  not  cover  every  case  of  loss  an  officer  or  soldier  might  sustain  in  his 
il  reasonable,   useful,   and  necessary "   property  while  he  was  in  the  military 
service.     (II  Compt.  Dec.,  644,  647.) 

Stating  the  proposition  in  other  words,  it  does  not  make  the  United  States 
the  absolute  insurer,  against  all  accidents  and  contingencies,  of  the  reasonable, 
useful,  and  necessary  property  of  officers  and  soldiers.  To  entitle  a  person  to 
reimbursement  under  this  clause  the  loss  or  destruction  must  be  without  fault 
or  negligence,  directly  or  indirectly,  near  or  remote,  of  the  owner,  and  must 
have  been  caused  by,  or  resulted  from,  some  exigency  or  necessity  of  the  mili- 
tary service.  It  must  reasonably  be  attributable  to  the  fact  that  it  was  held 
in  the  military  service,  whereby  the  owner  was  deprived,  in  some  degree,  of 
the  control  over  it  which  he  would  have  in  civil  life,  and  where  it  would  be 
subjected  to  dangers  not  ordinarily  incident  to  its  use  in  civil  life.  Under 
all  conditions  of  a  use  of  such  personal  property  as  is  covered  by  the  law  it  is 
subject  to  deterioration  and  loss;  but  in  the  military  service  the  dangers  are 
greater  and  peculiar  because  of  the  environments  of  that  service.  It  was  to 
provide  against  personal  loss  resulting  from  these  special  and  peculiar  dan- 
gers that  this  law  was  enacted.  Any  other  view  of  the  law  would  make  the 
United  States  the  insurer  of  all  personal  property  necessarily  used  in  its 
service  by  officers  and  soldiers.  This  can  not  have  been  the  intent  of  Con- 
gress. If  it  be  held  that  absence  of  fault  or  negligence  is  the  only  condition 
precedent  to  reimbursement  an  officer  would  be  entitled  to  payment  for  a  horse 
dying  from  .old  age,  or  a  uniform,  side  arms,  or  household  furniture  worn  out 
iu  use.  (Ill  id.,  637.) 

2  The  true  construction  of  clause  second  is  that  the  claimant  is  entitled  to 
reimbursement  without  being  required  to  show,  affirmatively,  that  he  was  not 
guilty  of  negligence,  "  where  the  private  property  was  shipped  on  board  an 
unseaworthy  vessel  by  order  of  any  officer  authorized  to  give  such  order  or 
direct  such  shipment."     The  leading  idea  in  this  clause  is  that  the  loss  would 
be  attributable  to  the  unseaworthiness  of  the  vessel,  and  that  the  soldier  sus- 
taining the  loss  would  have  no  option  as  to  the  shipment  on  said  vessel  and 
no  responsibility  for  a  loss  under  such  circumstances.     (II  id.,  647.) 

To  entitle  a  person  to  recover  under  the  first  clause  of  the  act  the  following 
facts,  among  others,  must  be  established : 

1.  The  loss  must  be  of  private  property  of  the  officer  or  soldier. 

•"  The  articles  must  not  only  belong  to  him,  but  must  be  used  by  him  and 
for  him  alone,  as  it  were,  personal  to  him  in  the  performance  of  his  duty." 

2.  The  property  must  be  such  as  the  Secretary  of  War  shall  decide  to  be 


84  MILITARY   LAWS   OF   THE   UNITED   STATES. 

war  or  hostilities  with  Indians:  And  provided  further,  That  the 
liability  of  the  Government  under  this  act  shall  be  limited  to  such 
articles  of  personal  property  as  the  Secretary  of  War,  in  his  discre- 
tion, shall  decide  to  be  reasonable,  useful,  necessary,  and  proper  for 
such  officer  or  soldier  while  in  quarters,  engaged  in  the  public  serv- 
ice, in  the  line  of  duty :  And  provided  further,  That  all  claims  now 
existing  shall  be  presented  within  two  years  and  not  after  from  the 
passage  of  this  act;  and  all  such  claims  hereafter  arising  be  pre- 
sented within  two  years  from  the  occurrence  of  the  loss  or  destruc- 
tion.1 Act  of  Mar.  3, 1885  (23  Stat.  350}. 

218.  Claims  of  volunteers  who  served  during  Spanish  War. — No 
claims  for  arrears  of  pay,  bounty,  or  other  allowances  growing  out 
of  the  service  of  Volunteers  who  served  in  the  Army  of  the  United 
States  during  the  War  with  Spain  shall  be  received  or  considered  by 
the  accounting  officers  of  the  Treasury  unless  filed  in  the  office  of  the 
Auditor  for  the  War  Department  on  or  before  December  thirty-first, 
nineteen  hundred  and  fourteen.     Act  of  Dec.  88,  1911  (37  Stat.  49). 

219.  No  deduction  for  attorneys^  fees. — In  the  settlement  of  claims 
of  officers,  soldiers,  sailors,  and  marines,  or  their  representatives,  and 

reasonable,  to  be  useful,  and  to  be  necessary  for  such  officer  or  soldier  while 
in  quarters,  engaged  in  the  public  service  in  the  line  of  duty. 

3.  The  loss  must  have  been  without  fault  or  negligence,  in  any  degree,  of  the 
claimant. 

4.  The  loss  must  have  been  caused  by  some  exigency  or  necessity  of  the  mili- 
tary service,  such  as  would  naturally  be  attributable  to  and  would  flow  from 
such  service.    To  establish  a  case  under  this  act  the  property  must  have  been 
lost  or  destroyed  in  the  military  service;  not  merely  while  it  was  in  use  in 
that  service,  but  because  it  was  in  that  service.     Being  in  that  service  must 
have  been  the  proximate  cause  of  the  loss. 

5.  The  loss  must  not  have  been  caused  by  the  natural  wear  and  tear,  or 
deterioration,  of  the  articles  in  ordinary  use  in  the  service.     Inherent  defects 
in  articles,  on  account  of  which  they  are  unable  to  stand  the  ordinary  strain 
of  the  service,  will  prevent  recovery. 

6.  Payment  must  be  limited  to  the  commercial  value  of  the  articles  at  the 
time  of  their  loss,  and  not  exceed  the  value  of  such  articles  as  it  was  neces- 
sary for  the  officer  or  soldier  to  have  in  the  service.     Unusually  expensive 
articles  can  not  be  considered  necessary.     The  purchase  price  of  an  article  is 
more  likely  to  be  a  fair  measure  of  its  value  than  the  estimate  placed  upon  it 
after  the  purchaser  obtains  possession  of  it.     The  purchase  price  should  not 
be  exceeded  without  good  cause  shown. 

7.  Proof  of  absence  of  fault  or  negligence  must  state  all  the  circumstances, 
and  be  sufficiently  elaborate  to  enable  the  accounting  officers  to  reach  their 
own  conclusions.    Mere  opinions  or  conclusions  of  witnesses,  without  full  state- 
ment of  facts  upon  which  they  are  based,  are  of  little  value. 

8.  Any  want  of  proper  care  either  in  the  claimant  or  his  servant,  or  the  in- 
competency  of  the  servant,  will  prevent  recovery. 

9.  It  is  the  duty  of  owners  to  care  for  their  property ;  any  voluntary  relaxa- 
tion of  that  care  by  intrusting  it  to  others,  is  negligence  within  the  meaning 
of  the  law. 

Although  under  clause  second  the  claimant  is  not  required  to  show  affirma- 
tively that  he  was  not  guilty  of  fault  or  negligence,  this  will  not  be  understood 
as  precluding  the  Government  from  showing  that  he  was  so  guilty,  and,  if  so 
found,  he  will  not  be  entitled  to  recover.  (Ill  id.,  637;  XIII  id.,  334,  432,  875.) 

1  Under  clause  third  the  claimant  must  show  that  he  was  not  guilty  of  fault 
or  negligence  other  than  of  neglecting  his  own  property  in  his  efforts  to  save 
that  of  the  Government.  (Ill  Comp.  Dec..  636;  see,  also,  II  id.,  644;  III  id., 
636,  659 ;  XIX  Opin.  Att.  Gkm.,  693 ;  G.  O.  35,  A.  G.  O.,  1896 ;  G.  O.  39,  A.  G.  O., 
1887 ;  Circular  1,  A.  G.  O.,  1897 ;  Par.  726,  A.  B.,  1913.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  85 

all  other  claims  for  pay  and  allowances  within  the  jurisdiction  of 
the  Auditor  for  the  War  Department  or  the  Auditor  for  the  Navy 
Department,  presented  and  filed  hereafter  in  which  it  is  the  present 
practice  to  make  deductions  of  attorneys'  fees  from  the  amount 
found  due,  no  deductions  of  fees  for  attorneys  or  agents  shall  here- 
after be  made,  but  the  draft,  check,  or  warrant  for  the  full  amount 
found  due  shall  be  delivered  to  the  payee  in  person  or  sent  to  his 
bona  fide  post-office  address  (residence  or  place  of  business).  Act 
of  June  6,  1900  (31  Stat.  637}. 

220.  Conspiracy  to  defraud  the  Government — Purchase  of  arms, 
equipment,  etc.,  from  soldiers. — Whoever  shall  make  or  cause  to  be 
made,  or  present  or  cause  to  be  presented,  for  payment  or  approval, 
to  or  by  any  person  or  officer  in  the  civil,  military,  or  naval  service 
of  the  United  States,  any  claim  upon  or  against  the  Government  of 
the  United  States,  or  any  department  or  officer  thereof,  knowing  such 
claim  to  be  false,  fictitious,  or  fraudulent;  or  whoever,  for  the  pur- 
pose of  obtaining  or  aiding  to  obtain  the  payment  or  approval  of 
such  claim,  shall  make  or  use,  or  cause  to  be  made  or  used,  any  false 
bill,  receipt,  voucher,  roll,  account,  claim,  certificate,  affidavit,  or 
deposition,  knowing  the  same  to  contain  any  fraudulent  or  fictitious 
statement  or  entry ;  or  whoever  shall  enter  into  any  agreement,  com- 
bination, or  conspiracy  to  defraud  the  Government  of  the  United 
States,  or  any  .department  or  officer  thereof,  by  obtaining  or  aiding 
to  obtain  the  payment  or  allowance  of  any  false  or  fraudulent  claim ; 
or  whoever,  having  charge,  possession,  custody,  or  control  of  any 
money  or  other  public  property  used  or  to  be  used  in  the  military 
or  naval  service,  with  intent  to  defraud  the  United  States  or  will- 
fully to  conceal  such  money  or  other  property,  shall  deliver  or  cause 
to  be  delivered,  to  any  other  person  having  authority  to  receive  the 
same,  any  amount  of  such  money  or  other  property  less  than  that  for 
which  he  received  a  certificate  or  took  a  receipt;  or  whoever,  being 
authorized  to  make  or  deliver  any  certificate,  voucher,  receipt,  or 
other  paper  certifying  the  receipt  of  arms,  ammunition,  provisions, 
clothing,  or  other  property  so  used  or  to  be  used,  shall  make  or 
deliver  the  same  to  any  other  person  without  a  full  knowledge  of  the 
truth  of  the  facts  stated  therein,  and  with  intent  to  defraud  the 
United  States,  shall  be  fined  not  more  than  five  thousand  dollars,  or 
imprisoned  not  more  than  five  years,  or  both.  And  whoever  shall 
knowingly  purchase  or  receive  in  pledge  for  any  obligation  or  in- 
debtedness from  any  soldier,  officer,  sailor,  or  other  person  called 
into  or  employed  in  the  military  or  naval  service,  any  arms,  equip- 
ments, ammunition,  clothes,  military  stores,  or  other  public  property, 
whether  furnished  to  the  soldier,  sailor,  officer,  or  person,  under  a 
clothing  allowance  or  otherwise,  such  soldier,  sailor,  officer,  or  other 
person  not  having  the  lawful  right  to  pledge  or  sell  the  same,  shall  be 


86  MILITARY   LAWS   OF   THE   UNITED   STATES. 

fined  not  more  than  five  hundred  dollars,  and  imprisoned  not  more 
than  two  years.  Sec.  35  Act  of  Mar.  4,  1909,  Criminal  Code  (35 
Stat.  1095}. 

221.  Priority  of. — Whenever  any  person  indebted  to  the  United 
States  is  insolvent,  or  whenever  the  estate  of  any  deceased  debtor,  in 
the  hands  of  the  executors  or  administrators,  is  insufficient  to  pay 
all  the  debts  due  from  the  deceased,  the  debts  due  to  the  United 
States  shall  be  first  satisfied;   and  the  priority  hereby  established 
shall  extend  as  well  to  cases  in  which  a  debtor,  not  having  sufficient 
property  to  pay  all  his  debts,  makes  a  voluntary  assignment  thereof, 
or  in  which  the  estate  and  effects  of  an  absconding,  concealed,  or 
absent  debtor  are  attached  by  process  of  law,  as  to  cases  in  which  an 
act  of  bankruptcy  is  committed.  Sec.  3406,  R.  S. 

[U.  S.  v.  Fisher,  2  Or.,  358 ;  U.  S.  v.  Hooe,  3  Or.,  73 ;  Harrison  v.  Sterry,  5  Or., 
289;  Prince  v.  Bartlett,  8  Or.,  431;  U.  S.  v.  Bryan,  9  Cr.,  374;  Thelusson  v. 
Smith,  2  Wh.,  396 ;  U.  S.  v.  Rowland,  4  Wh.,  108 ;  Conard  v.  Insurance  Company, 

1  Pet,  386 ;  Hunter  v.  U.  S.,  5  Pet,  173 ;  U.  S.  v.  State  Bank,  6  Pet.,  29 ;  U.  S.  v. 
Hack,  8  Pet,  271;   Brent  v.  Bank  of  Washington,  10  Pet.,   596;    Beaston  v. 
Farmers'  Bank,  12  Pet,  102 ;  U.  S.  v.  Herron,  20  Wall.,  251 ;  Bayne  et  al.t  Trus- 
tees, v.  U.  S.  93  U.  S.,  642.] 

222.  Liability  of  executors,  etc. — Every  executor,  administrator,  or 
assignee,  other  person,  who  pays  any  debt  due  by  the  person  or  estate 
from  whom  or  for  which  he  acts,  before  he  satisfies  and  pays  the  debts 
due  to  the  United  States  from  such  person  or  estate,  shall  become  an- 
swerable in  his  own  person  and  estate  for  the  debts^  so  due  to  the 
United  States,  or  for  so  much  thereof  as  may  remain  due  and  unpaid. 
Sec.  3467,  R.  S.  (See  sec.  5101,  R.  S.) 

(See  Field  v.  U.  S.,  9  Pet,  182;  Brent  v.  Bank  of  Washington,  10  Pet.,  596.) 

223.  Priority  of  surety  who  has  paid  the  amount  due  on  the  bond 
of  an  insolvent  principal. — Whenever  the  principal  in   any  bond 
given  to  the  United  States  is  insolvent,  or  whenever,  such  principal 
being  deceased,  his  estate  and  effects  which  come  to  the  hands  of  his 
executor,  administrator,  or  assignee,  are  insufficient  for  the  payment 
of  his  debts,  and,  in  either  of  such  cases,  any  surety  on  the  bond,  or 
the  executor,  administrator,  or  assignee  of  such  surety  pays  to  the 
United  States  the  money  due  upon  such  bond,  such  surety,  his  execu- 
tor, administrator,  or  assignee,  shall  have  the  like  priority  for  the 
recovery  and  receipt  of  the  moneys  out  of  the  estate  and  effects  of 
such  insolvent  or  deceased  principal  as  is  secured  to  the  United 
States ;  and  may  bring  and  maintain  a  suit  upon  the  bond,  in  law  or 
equity,  in  his  own  name,  for  the  recovery  of  all  moneys  paid  thereon.1 
Sec.  3468,  R.  S. 

1  The  priority  given  in  this  section  to  sureties  does  not  apply  to  sureties  on  a 
recognizance  in  a  criminal  case.  (U.  S.  v.  Rydor,  110  U.  S.,  729;  U.  S.  v.  Fisher, 

2  Or.,  358;  U.  S.  v.  Hooe,  3  Cr.,  73;  Prince  v.  Bartlett,  8  Cr.,  431;  TJ.  S.  v.  Bryan, 
9  Cr.,  374 ;  Thelusson  v.  Smith,  2  Wh.,  396 ;  U.  S.  v.  Rowland,  4  Wh.,  108 ;  Co- 
nard v.  Insurance  Company,  1  Pet.,  439 ;  Hunter  v.  U.  S.,  5  Pet.,  173 ;  Child  v. 
Shoemaker,  1  Wash.,  494;  U.  S.  v.  King,  Wall.  C.  C.,  12;  Johns  v.  Brodhag,  1 
Cr.  C.  C.,  235). 


MILITARY   LAWS   OP   THE   UNITED   STATES.  87 

224.  Distress  warrant. — Whenever   any   collector   of  the  revenue, 
receiver  of  public  money,  or  other  officer,  who  has  received  the  public 
money  before  it  is  paid  into  the  Treasury  of  the  United  States,  fails 
to  render  his  account  or  pay  over  the  same  in  the  manner  or  within 
the  time  required  by  law,  it  shall  be  the  duty  of  the  proper'  Auditor 
to  cause  to  be  stated  the  account  of  such  officer,  exhibiting  truly  the 
amount  due  to  the  United  States,  and  to  certify  the  same  to  the 
Solicitor  of  the  Treasury,  who  shall  issue  a  warrant  of  distress 
against  the  delinquent  officer  and  his  sureties  directed  to  the  marshal 
of  the  district  in  which  such  officer  and  his  sureties  reside.    Where 
the  officer  and  his  sureties  reside  in  different  districts,  or  where  they 
or  either  of  them  reside  in  a  district  other  than  that  in  which  the 
estate  of  either  may  be,  which  it  is  intended  to  take  and  sell,  then 
such  warrant  shall  be  directed  to  the  marshals  of  such  districts,  re- 
spectively.   See  3625,  R.  S. 

225.  Contents. — The  warrant  of  distress  shall  specify  the  amount 
with  which  such  delinquent  is  chargeable  and  the  sums,  if  any,  which 
have  been  paid.    Sec.  3626,  R.  S. 

226.  Execution  against  officer. — The  marshal  authorized  to  execute 
any  warrant  of  distress  shall,  by  himself  or  by  his  deputy,  proceed 
to  levy  and  collect  the  sum  remaining  due,  by  distress  and  sale  of 
the  goods  and  chattels  of  such  delinquent  officer,  having  given  ten 
days'  previous  notice  of  such  intended  sale,  by  affixing  an  advertise- 
ment of  the  articles  to  be  sold  at  two  or  more  public  places  in  the 
town  and  county  where  the  goods  or  chattels  were  taken,  or  in  the 
town  or  county  where  the  owner  of  such  goods  or  chattels  may 
reside.     If  the  goods  and  chattels  be  not  sufficient  to  satisfy  the 
warrant,  the  same  may  be  levied  upon  the  person  of  such  officer,  who 
may  be  committed  to  prison,  there  to  remain  until  discharged  by  due 
course  of  law.    Sec.  3627,  R.  S. 

227.  Same — Against  surety. — If  the  delinquent  officer  absconds,  or 
if  goods  and  chattels  belonging  to  him  can  not  be  found  sufficient  to 
satisfy  the  warrant,  the  marshal  or  his  deputy  shall  proceed,  not- 
withstanding the  commitment  of  the  delinquent  officer,  to  levy  and 
collect  the  sum  which  remains  due  by  such  delinquent,  by  the  distress 
and  sale  of  the  goods  and  chattels  of  his  sureties;  having  given  ten 
days'  previous  notice  of  such  intended  sale,  by  affixing  an  advertise- 
ment of  the  articles  to  be  sold  at  two  or  more  public  places  in  the 
town  or  county  where  the  goods  or  chattels  were  taken,  or  in  the 
town  or  county  where  the  owner  resides.    Sec.  3628,  R.  S. 

228.  Amount  of  levy  a  lien. — The  amount  due  by  any  delinquent 
officer  is  declared  to  be  a  lien  upon  the  lands,  tenements,  and  heredit- 
aments of  such  officer  and  his  sureties,  from  the  date  of  a  levy  in 
pursuance  of  the  warrant  of  distress  issued  against  him  or  them,  and 
a  record  thereof  made  in  the  office  of  the  clerk  of  the  district  court 


88  MILITARY   LAWS   OF    THE   UNITED   STATES. 

of  the  proper  district,  until  the  same  is  discharged  according  to 
law.    Sec.  3629,  R.  S. 

229.  Lands  to  ~be  sold. — For  want  of  goods  ano?  chattels  of  a  de- 
linquent officer  or  his  sureties,  sufficient  to  satisfy  any  warrant  of 
distress  issued  pursuant  to  the  foregoing  provisions,  the  lands,  tene- 
ments, and  hereditaments  of  such  officer  and  his  sureties,  or  so  much 
thereof  as  may  be  necessary  for  that  purpose,  after  being  advertised 
for  at  least  three  weeks  in  not  less  than  three  public  places  in  the 
county  or  district  where  such  real  estate  is  situate,  before  the  time 
of  sale,  shall  be  sold  by  the  marshal  of  such  district  or  his  deputy. 
Sec.  3630,  R.  S. 

230.  Disposal  of  surplus  moneys. — All  moneys  which  may  remain 
of  the  proceeds  of  sales,  after  satisfying  the  warrant  of  distress,  and 
paying  the  reasonable  costs  and  charges  of  the  sale,  shall  be  returned 
to  such  delinquent  officer  or  surety,  as  the  case  may  be.     Sec.  3632, 
R.S. 

231.  Distress  warrants  to  be  issued — When  and  by  whom. — When- 
ever any  officer  employed  in  the  civil,  military,  or  naval  service  of 
the  Government,  to  disburse  the  public  money  appropriated  for  those 
branches   of   the   public    service,   respectively,    fails   to    render    his 
accounts,  or  to  pay  over,  in  the  manner  and  in  the  times  required  by 
law,  or  by  the  regulations  of  the  Department  to  which  he  is  account- 
able, any  sum  of  money  remaining  in  his  hands,  it  shall  be  the  duty 
of  the  proper  Auditor,  as  the  case  may  be,  who  shall  be  charged  with 
the  revision  of  the  accounts  of  such  officer,  to  cause  to  be  stated  and 
certified  the  account  of  such  delinquent  officer  to  the  Solicitor  of  the 
Treasury,  who  is  hereby  authorized  and  required  immediately  to  pro- 
ceed against  such  delinquent  officer,  in  the  manner  directed  in  the 
six  preceding  sections.    Sec.  3633,  R.  S. 

232.  Same — To  be  issued  against  all  delinquent  fiscal  officers  and 
their  sureties. — All  the  provisions  relating  to  the  issuing  of  a  war- 
rant of  distress  against  a  delinquent  officer  shall  extend  to  every 
officer  of  the  Government  charged  with  the  disbursement  of  the  public 
money,  and  to  their  sureties,  in  the  same  manner  and  to  the  same 
extent  as  if  they  were  herein  described  and  enumerated.    Sec.  363^, 
R.S. 

233.  Same — Postponement. — With  the  approval  of  the  Secretary 
of  the  Treasury,  the  institution  of  proceedings  by  a  warrant  of  dis- 
tress may  be  postponed,  for  a  reasonable  time,  in  cases  where,  in  his 
opinion,  the  public  interest  will  sustain  no  injury  by  such  postpone- 
ment.   Sec.  3635,  R.  S.      ' 

234.  Bill   of    complaint — Injunction-  by    United   States   District 
Court. — Any  person  who  considers  himself  aggrieved  by  any  war- 
rant of  distress  issued  under  the  foregoing  provisions  may  prefer  a 
bill  of  complaint  to  any  district  judge  of  the  United  States,  setting 


MILITARY   LAWS   OF   THE   UNITED  STATES.  89 

forth  therein  the  nature  and  extent  of  the  injury  of  which  he  com- 
plains; and  thereupon  the  judge  may  grant  an  injunction  to  stay 
proceedings  on  such  warrant  altogether,  or  for  so  much  thereof  as 
the  nature  of  the  case  requires.  But  no  injunction  shall  issue  till 
the  party  applying  for  it  gives  bond,  with  sufficient  security,  in  a  sum 
to  be  prescribed  by  the  judge,  for  the  performance  of  such  judgment 
as  may  be  awarded  against  him;  nor  shall  the  issuing  of  such  injunc- 
tion in  any  manner  impair  the  lien  produced  by  the  issuing  of  the 
warrant.  And  the  same  proceedings  shall  be  had  on  such  injunc- 
tion as  in  other  cases,  except  that  no  answer  shall  be  necessary  on 
the  part  of  the  United  States,  and  if,  upon  dissolving  the  injunction, 
it  appears  to  the  satisfaction  of  the  judge  that  the  application  for 
the  injunction  was  merely  for  delay,  the  judge  may  add  to  the  law- 
ful interest  assessed  on  all  sums  found  due  against  the  complainant 
such  damages  as,  with  such  lawful  interest,  shall  not  exceed  the  rate 
of  ten  per  centum  a  year.  Such  injunction  may  be  granted  or  dis- 
solved by  the  district  judge  either  in  or  out  of  court.  Sec.  3636,  R.  S. 

235.  Injunction  ~by  United  States  Circuit  Court. — When  the  district 
judge  refuses  to  grant  an  injunction  to  stay  proceedings  on  a  distress 
warrant,  as  aforesaid,  or  dissolves  such  injunction  after  it  is  granted, 
any  person  who  considers  himself  aggrieved  by  the  decision  in  the 
premises  may  lay  before  the  circuit  justice,  or  circuit  judge  of  the 
circuit  within  which  such  district  lies,  a  copy  of  the  proceeding  had 
before  the  district  judge;  and  thereupon  the  circuit  justice  or  circuit 
judge  may  grant  an  injunction,  or  permit  an  appeal,  as  the  case  may 
be,  if,  in  his  opinion,  the  equity  of  the  case  requires  it.     The  same 
proceedings,  subject  to  the  same  conditions,  shall  be  had  upon  such 
injunction  in  the  circuit  court  as  are  prescribed  in  the  district  court. 
Sec.  3637,  R.  S. 

236.  Rights  of  United  States  not  impaired. — Nothing  contained  in 
the  provisions  of  this  title  relating  to  distress  warrants  shall  be  con- 
strued to  take  away  or  impair  any  right  or  remedy  which  the  United 
States  might  have,  by  law.  for  the  recovery  of  taxes,  debts,  or  de- 
mands.   Sec.  3638,  R.  S. 

MISCELLANEOUS  PROVISIONS. 

237.  Requisitions — Warrants — Advances. — Every    requisition    for 
an  advance  of  money *  before  being  acted  on  by  the  Secretary  of  the 
Treasury,  shall  be  sent  to  the  proper  Auditor  for  action  thereon  as 
required  by  section  twelve 2  of  this  act. 

1  Section  8  of  the  act  of  July  31,  1894,  has  no  application  to  the  questions  re- 
specting the  advance  of  funds  which,  under  this  section,  are  subject  to  the  deci- 
sion of  the  Auditor,  with  a  review  by  the  Secretary  of  the  Treasury.  (1  Corap. 
Dec.,  409.) 

a  See  par.  196,  ante. 


90  MILITARY   LAWS   OF    THE   UNITED   STATES. 

All  warrants,  when  authorized  by  law  and  signed  by  the  Secretary 
of  the  Treasury,  shall  be  countersigned  by  the  Comptroller  of  the 
Treasury,  and  all  warrants  for  the  payment  of  money  shall  be  accom- 
panied either  by  the  Auditor's  certificate,  mentioned  in  section  seven 
of  this  act,  or  by  the  requisition  for  advance  of  money,  which  certifi- 
cate or  requisition  shall  specify  the  particular  appropriation  to  which 
the  same  should  be  charged,  instead  of  being  specified  on  the  warrant, 
as  now  provided  by  section  thirty-six  hundred  and  seventy-five  of  the 
Revised  Statutes;  and  shall  also  go  with  the  warrant  to  the  Treas- 
urer, who  shall  return  the  certificate  or  requisition  to  the  proper 
Auditor,  with  the  date  and  amount  of  the  draft  issued  indorsed 
thereon.  Requisitions  for  the  payment  of  money  on  all  audited  ac- 
counts, or  for  covering  money  into  the  Treasury,  shall  not  hereafter 
be  required.  And  requisitions  for  advances  of  money  shall  not  be 
countersigned  by  the  Comptroller  of  the  Treasury.  Sec.  11,  Act  of 
July  31, 1894  (®$  8tat.  209). 

238.  Compromise  of  claims. — Upon  a  report  by  a  district  attorney, 
or  any  special  attorney  or  agent  having  charge  of  any  claim  in  favor 
of  the  United  States,  showing  in  detail  the  condition  of  such  claim, 
and  the  terms  upon  which  the  same  may  be  compromised,  and  recom- 
mending that  it  be  compromised  upon  the  terms  so  offered,  and  upon 
the  recommendation  of  the  Solicitor  of  the  Treasury,  the  Secretary  of 
the  Treasury  is  authorized  to  compromise  such  claim  accordingly. 
But  the  provisions  of  this  section  shall  not  apply  to  any  claim  arising 
under  the  postal  laws.1    Sec.  34.69,  R.  S. 

239.  Set-off. — When   any   final   judgment   recovered    against    the 
United  States  or  other  claim  duly  allowed  by  legal  authority,  shall 
be  presented  to  the  Secretary  of  the  Treasury  for  payment,  and  the 
plaintiff  or  claimant  therein  shall  be  indebted  to  the  United  States 
in  any  manner,  whether  as  principal  or  surety,  it  shall  be  the  duty  of 
the  Secretary  to  withhold  payment  of  an  amount  of  such  judgment 
or  claim  equal  to  the  debt  thus  due  to  the  United  States ;  and  if  such 
plaintiff  or  claimant  assents  to  such  set-off,  and  discharges  his  judg- 
ment or  an  amount  thereof  equal  to  said  debt  or  claim,  the  Secretary 
shall  execute  a  discharge  of  the  debt  due  from  the  plaintiff  to  the 
United  States.     But  if  such  plaintiff,  or  claimant,  denies  his  in- 
debtedness to  the  United  States,  or  refuses  to  consent  to  the  set-off, 
then  the    Secretary  shall  withhold  payment  of  such  further  amount 
of  such  judgment,  or  claim,  as  in  his  opinion  will  be  sufficient  to 
cover  all  legal  charges  and  costs  in  prosecuting  the  debt  of  the 

1  Compromise  of  claims. — Claims  against  the  United  States  which  are  disputed 
by  the  officers  authorized  to  adjust  such  accounts  may  be  compromised,  and  if 
the  claimant  voluntarily  enters  into  such  a  compromise  and  accepts  a  smaller 
sum  than  the  claim  and  executes  a  discharge  in  full  for  the  whole  claim,  he  is 
hound  by  the  adjustment  and  can  not  sue  for  what  he  has  voluntarily  relin- 
quished. (Sweeny  v.  U.  S.,  17  Wall.,  75,  77;  Mason  v.  U.  S.,  id.,  67;  U.  S.  v. 
(ieorge,  3  Blatch.,  406.) 


MILITARY  LAWS   OF   THE   UNITED   STATES.  91 

United  States  to  final  judgment.  And  if  such  debt  is  not  already  in 
suit,  it  shall  be  the  duty  of  the  Secretary  to  cause  legal  proceedings 
to  be  immediately  commenced  to  enforce  the  same,  and  to  cause  the 
same  to  be  prosecuted  to  final  judgment  with  all  reasonable  dispatch. 
And  if  in  such  action  judgment  shall  be  rendered  against  the  United 
States,  or  the  amount  recovered  for  debt  and  costs  shall  be  less  than 
the  amounts  so  withheld  as  before  provided,  the  balance  shall  then 
be  paid  over  to  such  plaintiff  by  such  Secretary,  with  six  per  cent 
interest  thereon  for  the  time  it  has  been  withheld  from  the  plaintiff.1 
Act  of  Mar.  3,  1875  (18  Stat.  481). 

240.  Assignments  of  claims — Powers  of  attorneys. — All  transfers 
and  assignments  made  of  any  claim  upon  the  United  States,  or  of  any 
part  or  share  thereof,  or  interest  therein,  whether  absolute  or  condi- 
tional, and  whatever  may  be  the  consideration  therefor,  and  all 
powers  of  attorney,  orders,  .or  other  authorities  for  receiving  pay- 
ment of  any  such  claim,  or  of  any  part  or  share  thereof,  shall  be 
absolutely  null  and  void,  unless  they  are  freely  made  and  executed  in 
the  presence  of  at  least  two  attesting  witnesses,  after  the  allowance 
of  such  a  claim,  the  ascertainment  of  the  amount  due,  and  the  issu- 
ing of  a  warrant  for  the  payment  thereof.  Such  transfers,  assign- 
ments, and  powers  of  attorney  must  recite  the  warrant  for  payment, 
and  must  be  acknowledged  by  the  person  making  them,  before  an 
officer  having  authority  to  take  acknowledgments  of  deeds,  and  shall 
be  certified  by  the  officer ;  and  it  must  appear  by  the  certificate  that 
the  officer,  at  the  time  of  the  acknowledgment,  read  and  fully  ex- 
plained the  transfer,  assignment,  or  warrant  of  attorney  to  the  person 
acknowledging  the  same.2  Sec.  3477,  R.  S. 

1  Set-off. — When  a  person  is  both  debtor  and  creditor  of  the  United  States,  in 
any  form,  the  officers  of  the  Treasury  Department  in  settling  the  accounts  not 
only  have  the  power,  but  are  required,  in  the  proper  discharge  of  their  duties, 
to  set  off  the  one  indebtedness  against  the  other,  and  to  allow  and  certify  for 
payment  only  the  balance  found  due  on  one  side  or  the  other.     *     *     *     The 
right  of  set-off  in  such  cases  exists  independently  of  these  enactments    (sec. 
1766,  Rev.  Stat.,  and  the  act  of  March  3,  1875;  1  Sup.  to  Rev.  Stat.  185),  and 
is  founded  upon  what  is  now  section  236  of  the  Revised  Statutes.     (Taggart  v. 
U.  S.,  17  Ct.  Cls.,  322,  327;  McKnight's  Case,  13  id.,  292;  Bonnafon's  Case,  14 
id.,  489;  Howes  v.  U.  S.,  24  id.,  170;  Reeside  v.  Walker,  11  How.,  272,  290.) 
The  power  in  the  matter  of  set-offs  conferred  upon  the  Secretary  of  the  Treas- 
ury by  the  act  of  March  3,  1875   (18  Stat.  481),  is  exclusive,  and  can  not  be 
exercised  by  the  courts.     (U.  S.  v.  Griswold,  30  Fed.  Rep.,  604.) 

2  The  accounting  officers  of  the  Treasury  will  not  approve  powers  of  attorney 
to  demand  and  receive  moneys  due  upon  claims  against  the  United  States  when 
such  powers  are  not  executed  in  accordance  with  the  provisions  of  section  3477 
of  the  Revised  Statutes.     (1  Comp.  Dec.,  142.)     Section  8477  of  the  Revised 
Statutes,  making  null  and  void  all  assignments  and  powers  of  attorney  to  col- 
lect any  claim  or  demand  against  the  Government  (unless  the  power  of  attorney 
is  given  after  the  settlement  of  the  claim  and  the  issuance  of  the  warrant  in 
payment)    applies  to  liquidated,  certain,  and  undisputed  demands  as  well  as 
to  those  which  are  unliquidated,  uncertain,  or  disputed.     (Id.,  276.) 

Transfers  and  assignments  of  claims. — The  restrictions  of  the  Comptroller  of 
the  Treasury  in  regard  to  the  allowance  of  credits  to  disbursing  officers  for  pay- 
ments made  by  them  on  powers  of  attorney  or  other  forms  of  tausfer  or 
assignment  being  so  great  as  to  amount  practically  to  a  prohibition  of  such 


92  MILITAEY  LAWS   OF   THE  UNITED   STATES. 

241.  Checks  outstanding  three  years  or  more  to  be  covered  into  the 
Treasury  as  "  Outstanding  liabilities" — At  the  termination  of  each 
fiscal  year  all  amounts  of  moneys  that  are  represented  by  certificates, 
drafts,  or  checks,  issued  by  the  Treasurer,  or  by  any  disbursing  officer 
of  any  Department  of  the  Government,  upon  the  Treasurer  or  any 
assistant  treasurer,  or  designated  depositary  of  the  United  States,  or 
upon  any  national  bank  designated  as  a  depositary  of  the  United 
States,  and  which  shall  be  represented  on  the  books  of  either  of  such 
offices  as  standing  to  the  credit  of  any  disbursing  officer,'  and  which 
were  issued  to  facilitate  the  payment  of  warrants,  or  for  any  other 
purpose  in  liquidation  of  a  debt  due  from  the  United  States,  and 
which  have  for  three  years  or  more  remained  outstanding,  unsatis- 
fied, and  unpaid,  shall  be  deposited  by  the  Treasurer,  to  be  covered 
into  the  Treasury  by  warrant,  and  to  be  carried  to  the  credit  of  the 
parties  in  whose  favor  such  certificates,  drafts,  or  checks  were  re- 
spectively issued,  or  to  the  persons  who  are  entitled  to  receive  pay 

payments,  disbursing  officers  will  refuse  to  pay  the  assignee  of  any  claim, 
except  as  to  assignments  authorized  by  paragraphs  1258  and  1383  of  the  Army 
Regulations  of  1913. 

When  claims  or  vouchers  which  have  been  assigned  are  presented  for  pay- 
ment, the  holders  will  be  informed  that  disbursing  officers  have  no  authority  to 
make  payments  to  them  as  assignees,  and  that  payments  can  only  be  made  to 
the  original  persons  to  whom  the  money  is  due.  (Decision  Asst.  Sec.  War, 
Nov.  7,  95—27033,  A.  G.  O.,  ,95.  Circ.  13,  A.  G.  O.,  1895.) 

Assignments  of  pay  by  officers  and  enlisted  men. — The  assignment  of  their  pay 
accounts  by  any  officers,  after  the  same  become  due,  is  authorized  by  paragraph 
1258,  Army  Regulations  of  1913,  and  is  legal.  (3  Second  Comp.  Dec.,  45;  id., 
47.)  Such  transfers  are  accomplished  in  accordance  with  paragraphs  1258  and 
1383,  Army  Regulations  of  1913. 

Attachments. — An  attachment  can  not  be  enforced  against  public  money  in 
the  hands  of  a  disbursing  officer  of  the  Government,  and  he  is  authorized  to 
pay  the  Government's  creditor  without  regard  to  such  attempted  levy.  (1 
Comp.  Dec.,  171;  Buchanan  v.  Alexander,  4  How.,  20.) 

For  later  specific  authority  to  make  payments  on  assignments  by  Army  officers 
see  Act  of  March  2,  1913  (37  Stat.  710),  par.  647  i  post. 

The  provision  of  the  Revised  Statutes  (section  3477),  making  void  transfers 
and  assignments  of  claims  against  the  United  States,  relates  to  voluntary  assign- 
ments, and  does  not  extend  to  transfers  by  operation  of  law,  or  interfere  with 
the  equitable  doctrine  of  subrogation.  (Amer.  Tob.  Co.  v.  U.  S.,  32  Ct.  Cls.,  207; 
2  Comp.  Dec.,  49.)  While  section  3477  of  the  Revised  Statutes  declares  null 
and  void  all  powers  of  attorney  given  prior  to  the  settlement  of  a  claim  and 
the  issuing  of  a  warrant  in  payment,  yet  when  payments  are  made  upon  valid, 
unrevoked,  and  undisputed  powers  of  attorney,  credit  must  be  given  in  settle- 
ments of  the  disbursing  officer  making  them.  (1  Comp.  Dec.,  431;  id.,  119; 
id.,  453.)  Under  the  decisions  of  the  courts  the  accounting  officers  are  required, 
notwithstanding  the  provisions  of  section  3477  of  the  Revised  Statutes,  to  credit 
disbursing  officers  with  payments  actually  made  by  them  under  powers  of  attor- 
ney, provided  it  is  shown  that,  at  the  time  of  such  payment,  such  powers  are 
undisputed  and  have  not  been  revoked,  either  by  the  voluntary  action  of  the 
principal  or  by  his  death.  (Id.,  142.)  Payments  may  be  made  to  a  corpora- 
tion under  a  contract  entered  into  by  an  attorney  duly  authorized  to  act  for 
the  corporation  in  the  making  of  such  contract.  (2  Comp.  Dec.,  30;  id.,  295.) 
See  also  decision  of  Secretary  of  War  of  November  7,  1895,  in  Circular  13, 
A.  G.  O.,  1895. 

The  assignment  of  a  quartermaster's  voucher,  unless  made  "  after  the  allow- 
ance of  such  a  claim  "  and  in  conformity  with  all  the  other  requirements  of 
section  3477  of  the  Revised  Statutes,  is  "  absolutely  null  and  void."  The  ex- 
igencies of  the  war  and  of  the  Government  service  immediately  after  the  war, 


MILITARY    LAWS   OF    THE   UNITBD   STATES.  93 

therefor,  and  into  an  appropriation  account  to  be  denominated 
"  outstanding  liabilities." l  Sec.  306,  R.  S. 

242.  Outstanding  liabilities. — The  certificate  of  the  Secretary  of 
the  Treasury,  stating  that  the  amount  of  any  draft  issued  by  the 
Treasurer,  to  facilitate  the  payment  of  a  warrant  directed  to  him 
for  payment,  has  remained  outstanding  and  unpaid  for  three  years 
or  more,  and  has  been  deposited  and  covered  into  the  Treasury  in 
the  manner  prescribed  by  the  preceding  section,  shall  be,  when  at- 
tached to  any  such  warrant,  a  sufficient  voucher  in  satisfaction  of  any 
such  warrant  or  part  of  any  warrant,  the  same  as  if  the  drafts  cor- 
rectly indorsed  and  fully  satisfied  were  attached  to  such  warrant  or 
part  of  warrant.  And  all  such  moneys  mentioned  in  this  and  in  the 
preceding  section  shall  remain  as  a  permanent  appropriation  for 
the  redemption  and  payment  of  all  such  outstanding  and  unpaid 
certificates,  drafts,  and  checks.  Sec.  307,  R.  S. 

which  at  one  time  were  relied  upon  to  support  the  practice  of  paying  the 
assignees  of  such  vouchers,  can  not  be  made  available  in  deciding  cases  now 
arising.  (3  Dig.  2d  Comp.  Dec.,  par.  156.) 

The  mischiefs  which  this  statute  was  intended  to  prevent  were  mainly  two: 
(1)  The  danger  that  the  rights  of  the  Government  might  be  embarrassed  by 
having  to  deal  with  several  persons  instead  of  one,  and  by  the  introduction  of 
a  party  who  was  a  stranger  to  the  original  transaction;  (2)  that,  by  a  transfer 
of  such  claim  against  the  Government  to  one  or  more  persons  not  originally 
interested  in  it,  the  way  might  be  conveniently  opened  to  such  improper  in- 
fluences in  prosecuting  the  claim  before  the  Departments,  the  courts,  or  tla< 
Congress  as  desperate  cases,  when  the  reward  is  contingent  on  success,  so  oftel 
suggest.  In  Spofford  v.  Kirk  (97  U.  S.,  490)  the  Supreme  Court  had  said  that 
the  greater  of  the  two  evils  was  the  possible  combination  of  interests  and  in- 
fluences in  the  prosecution  of  claims  which  might  have  no  real  foundation. 
(Goodman  v.  Niblack,  102  U.  S.,  560;  Bailey  v.  U.  S.,  109  U.  S.,  438;  Milliken  v. 
Barrow,  65  Fed.  Rep.,  888,  892.) 

The  provisions  of  section  3477  of  the  Revised  Statutes,  prohibiting  and  mak- 
ing void  transfers  of  any  claim  against  the  United  States  before  the  allowance 
of  such  claim,  apply  only  to  claims  existing  at  the  time  of  the  transfer,  in  the 
form  of  a  right  to  demand  money  from  the  United  States,  and  not  to  cases 
where  at  the  very  inception  of  the  transaction  out  of  which  a  claim  against  the 
United  States  may  arise,  one  party  assigns  to  another  the  contingent  profits  he 
hopes  to  make,  but  which  do  not  then  exist,  and  can  only  be  secured  by  the  loan 
of  the  assignee's  money  to  the  assignor.  (Milliken  v.  Barrow,  65  Fed.  Rep.,  888.) 

The  word  "claim"  as  used  in  section  3477,  Revised  Statutes,  which  provides 
that  "  all  transfers  and  assignments  made  of  any  claim  upon  the  United  States 
*  *  *  shall  be  absolutely  null  and  void  "  unless  made  as  prescribed  therein, 
comprehends  all  demands  against  the  United  States  for  the  payment  of  money 
whether  liquidated  or  unliquidated ;  and  an  assignment  of  a  judgment  against 
the  United  States,  made  before  the  issuing  of  a  warrant  for  the  payment 
thereof,  is  within  the  meaning  of  the  statute  and  void.  (4  Comp.  Dec.,  196;  I 
id.,  276.)  The  provisions  of  section  3477,  Revised  Statutes,  touching  transfers 
and  assignments  of  claims  against  the  United  States,  and  powers  of  attorney, 
etc.,  for  receiving  payment  thereof,  do  not  apply  to  undisputed  claims  or  any 
claim  about  which  no  question  is  made  as  to  its  validity  or  extent.  (XVII 
Opin.  Att.  Gen.,  545;  XXI  id.,  75;  XX  id.,  578.) 

1  When,  ft  claim  passes  into  the  form  of  checks,  its  legal  character  changes 
from  that  of  a  demand  for  goods  sold  and  delivered  to  a  claim  represented  by 
the  checks  given  in  liquidation  of  the  original  demand.  The  fund  established 
by  section  306,  Revised  Statutes,  bears  upon  it  the  impress  of  a  trust  and 
the  statutes  of  limitation  can  not  be  set  up  against  money  credited  to  the 
claimant  in  the  permanent  appropriation  for  outstanding  liabilities.  Such 
money  is  held  as  a  trust  fund  payable  on  demand  without  limit  of  time.  (32  Ct. 
Cls.,  30;  U.  S.  v.  Taylor,  104  U.  S.,  216.) 


94  MILITARY   LAWS   OF   THE   UNITED   STATES. 

243.  Payment  of  checks  the  amounts  of  which  have  been  covered 
into  "  Outstanding  liabilities." — The  payee  or  the  bona  fide  holder  of 
any  draft  or  check  the  amount  of  which  has  been  deposited  and  cov- 
ered into  the  Treasury  pursuant  to  the  preceding  sections,  shall,  on 
presenting  the  same  to  the  proper  officer  of  the  Treasury,  be  entitled 
to  have  it  paid  by  the  settlement  of  an  account  and  the  issuing  of  a 
warrant  in  his  favor,  according  to  the  practice  in  other  cases  of 
authorized  and  liquidated  claims  against  the  United  States.     Sec. 
308,  R.  S. 

244.  Balances  of  disbursing  officers'  accounts  remaining  unchanged 
for  three  years  to  be  covered  into  the  Treasury. — The  amounts,  except 
such  as  are  provided  for  in  section  three  hundred  and  six,  of  the 
accounts  of  every  kind  of  disbursing  officer,  which  shall  have  re- 
mained unchanged,  or  which  shall  not  have  been  increased  by  any 
new  deposit  thereto,  nor  decreased  by  drafts  drawn  thereon,  for  the 
space  of  three  years,  shall  in  like  manner  be  covered  into  the  Treas- 
ury, to  the  proper  appropriation  to  which  they  belong;   and  the 
amounts  thereof  shall,  on  the  certificate  of  the  Treasurer  that  such 
amount  has  been  deposited  in  the  Treasury,  be  credited  by  the  proper 
accounting  officer  of  the  Department  of  the  Treasury  on  the  books 
of  the  Department,  to  the  officer  in  whose  name  it  had  stood  on  the 
books  of  any  agency  of  the  Treasury,  if  it  appears  that  he  is  entitled 
to  such  credit.    Sec.  309,  R.  S. 

(For  provisions  of  law  requiring  annual  reports  to  the  Secretary  of  the 
Treasury  by  the  Treasurer  and  Assistant  Treasurers  of  all  balances  unchanged 
in  disbursing  officers'  accounts  for  three  years  or  more  and  by  disbursing 
officers  of  all  checks  outstanding  and  unpaid  for  same  period,  see  par.  183, 
ante.) 

245.  Lost  checks — Issuance  of  duplicates. — Whenever  any  original 
disbursing  officer's  check  is  lost,  stolen,  or  destroyed,  the  Secretary 
of  the  Treasury  may  authorize  the  officer  issuing  the  same,  after  the 
expiration  of  six  months  and  within  three  years  from  the  date  of 
such  disbursing  officer's  check,  to  issue  a  duplicate  thereof  upon  the 
execution  of  such  bond  to  indemnify  the  United  States  as  the  Secre- 
tary of  the  Treasury  may  prescribe:  Provided,  That  when  such 
original  disbursing  officer's  check  does  not  exceed  in  amount  the  sum 
of  fifty  dollars  the  Secretary  of  the  Treasury  may  authorize  the 
issuance  of  a  duplicate  at  any  time  after  the  expiration  of  thirty 
days  and  within  three  years  from  the  date  of  such  disbursing  officer's 
check:  Provided  further,  That  whenever  any  original  check  or  war- 
rant of  the  Post-Office  Department  has  been  lost,  stolen,  or  destroyed 
the  Postmaster-General  may  authorize  the  issuance  of  a  duplicate 
thereof,  at  any  time  within  three  years  from  the  date  of  such  original 
check  or  warrant,  upon  the  execution  by  the  owner  thereof  of  such 
bond  of  indemnity  as  the  Postmaster-General  may  prescribe:  And 
provided  further,  That  when  such  original  check  or  warrant  does  not 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  95 

exceed  in  amount  the  sum  of  fifty  dollars  and  the  payee  or  owner  is, 
at  the  date  of  the  application,  an  officer  or  employee  in  the  service  of 
the  Post-Office  Department,  whether  by  contract,  designation,  or  ap- 
pointment, the  Postmaster-General  may,  in  lieu  of  an  indemnity 
bond,  authorize  the  issuance  of  a  duplicate  check  or  warrant  upon 
such  an  affidavit  as  he  may  prescribe,  to  be  made  before  any  post- 
master by  the  payee  or  owner  of  an  original  check  or  warrant. 
Sec.  3646,  R.  S.,  as  amended  ~by  Act  of  Feb.  23,  1909  (35  Stat.  643). 
In  case  the  disbursing  officer  or  agent  by  whom  such  lost,  de- 
stroyed, or  stolen  original  check  was  issued  is  dead  or  no  longer 
in  the  service  of  the  United  States,  it  shall  be  the  duty  of  the  proper 
accounting  officer,  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe,  to  state  an  account  in  favor  of  the  owner 
of  such  original  check  for  the  amount  thereof  and  to  charge  such 
amount  to  the  account  of  such  officer  or  agent:  Provided,  That  in 
case  a  check  drawn  by  any  officer  or  agent  of  the  Post- Office  Depart- 
ment is  lost,  stolen,  or  destroyed  a  duplicate  thereof  may  be  issued 
under  regulations  prescribed  by  the  Postmaster-General,  as  set  forth 
in  section  thirty-six  hundred  and  forty-six.  Sec.  3647,  R.  S.,  as 
amended  ly  Act  of  Pel.  23, 1909  (35  Stat.  643). 

[For  method  of  procedure  in  case  a  check  has  been  lost,  destroyed,  or  stolen, 
see  pars.  602  and  607,  A.  R.,  1913.] 

246.  Certification   of  Treasury   records — Transcripts. — The   tran- 
scripts from  the  books  and  proceedings  of  the  Department  of  the 
Treasury,  and  the  copies  of  bonds,  contracts,  and  other  papers,  pro- 
vided for  in  section  eight  hundred  and  eighty-six  of  the  Revised 
Statutes,1  shall  hereafter  be  certified  by  the  Secretary  or  an  Assistant 
Secretary  of  the  Treasury  under  the  seal  of  the  Department.    Sec. 
17,  Act  of  July  31,  1894  (%&  Stat.  210),  as  amended  ~by  sec.  10,  Act 
of  Mar.  2,  1895  (28  Stat.  809). 

247.  Certain  transcripts  to  be  admitted  in  evidence. — When  suit 
is  brought  in  any  case  of  delinquency  of  a  revenue  officer,  or  other 
person  accountable  for  public  money,  a  transcript  from  the  books 
and  proceedings  of  the  Treasury  Department,  certified  by  the  Secre- 
tary or  an  Assistant  Secretary  of  the  Treasury  and  authenticated 
under  the  seal  of  the  Department,  or,  when  the  suit  involves  the 
accounts  of  the  War  or  Navy  Departments,  certified  by  the  Auditors 
respectively  charged  with  the  examination  of  those  accounts,  and 
authenticated  under  the  seal  of  the  Treasury  Department,  shall  be 
admitted  as  evidence,  and  the  court  trying  the  cause  shall  be  au- 
thorized to  grant  judgment  and  award  execution  accordingly.    And 
all  copies  of  bonds,  contracts,  or  other  papers  relating  to,  or  con- 
nected  with,   the   settlement   of   any   account   between   the    United 
States  and  an  individual,  when  certified  by  such  auditor  to  be  true 

*  Paragraph  247,  post. 


96  MILITAKY   LAWS   OF    THE    UNITED   STATES. 

copies  of  the  originals  on  file,  and  authenticated  under  the  s",al  of 
the  Department,  may  be  annexed  to  such  transcripts,  and  shall  have 
equal  validity,  and  be  entitled  to  the  same  degree  of  credit  which 
would  be  due  to  the  original  papers  if  produced  and  authenticated 
in  court:  Provided,  That  where  suit  is  brought  upon  a  bond  or  other 
sealed  instrument,  and  the  defendant  pleads  "non  est  facturn,''  or 
makes  his  motion  to  the  court,  verifying  such  plea  or  motion  by 
his  oath,  the  court  may  take  the  same  into  consideration,  and,  if  it 
appears  to  be  necessary  for  the  attainment  of  justice,  may  require 
the  production  of  the  original  bond,  contract,  or  other  paper  speci- 
fied in  such  affidavit.  Sec.  886,  R.  S.,  as  amended  ~by  sec.  17,  Act  of 
July  31,  1894  (^8  Stat.  210},  and  sec.  10,  Act  of  Mar.  2,  1895  (28 
Stat.  809}. 

248.  Special  agents,  employment  of. — Whenever  it  becomes  neces- 
sary for  the  head  of  any  Department  or  office  to  employ  special 
agents,  other  than  officers  of  the  Army  or  Navy,  who  may  be  charged 
with  the  disbursement  of  public  moneys,  such  agents  shall,  before 
entering  upon  duty,  give  bond  in  such  form  and  with  such  security 
as  the  head  of  the  Department  or  office  employing  them  may  ap- 
prove. Sec.  3614,  R.  S. 


CHAPTER  VI. 


POSTAL  LAWS. 


Par. 

Oath  of  office 249-250 

The  Postmaster  General  and  oth- 
ers in  postal  service  to  take  an 

oath 249 

Oath  may  be  taken  before  mili- 
tary officer 250' 

Free  letters 251-253 

Soldiers'  letters 251 

Official  letters 252 

Same..  .  253 


Par. 


Official  envelopes,  franking  privilege, 
penalty  envelopes,  registra- 
tion   254-257 

Department  to  procure  envelopes  254 
Extension  of  franking  privilege.  255 

Return  penalty  envelopes 256 

Registration  of  mail,  Executive 
Departments 257 


249.  The  Postmaster-General  and  others  in  postal  service  to  take 
an  oath. — Before  entering  upon  the  duties  of  his  office  and  before  he 
shall  receive  any  salary  the  Postmaster-General  and  each  of  the  per- 
sons employed  in  the  postal  service  shall  respectively  take  and  sub- 
scribe before  some  magistrate  or  other  competent  officer  the  follow- 
ing oath :  "  I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully perform  all  the  duties  required  of  me,  and  abstain  from  every- 
thing forbidden  by  the  laws  in  relation  to  the  establishment  of  post- 
offices  and  post-roads  within  the  United   States;   and  that  I  will 
honestly  and  truly  account  for  and  pay  over  any  money  belonging 
to  the  said  United  States  which  may  come  into  my  possession  or 
control;  and  I  also  further  swear  that  I  will  support  the  Constitu- 
tion of  the  United  States;  so  help  me  God."     Sec.  391,  R.  S.,  as 
amended  by  sec.  15,  Act  of  Mar.  5, 1874  (18  Stat.  19). 

250.  Oath  may  be   taken  before  military  officer. — This   oath   or 
affirmation  may  be  taken  before  any  officer,  civil  or  military,  holding 
a. commission  under  the  United  States,  and  such  officer  is  hereby 
authorized  to  administer  and  certify  such  oath  or  affirmation.     Sec. 
392,  R.  S.,  as  amended  by  sec.  15,  Act  of  Mar.  5, 187 '4  (18  Stat.  20). 

251.  Soldiers^    letters. — The    Postmaster-General    may,    however, 
provide  by  regulation,  for  transmitting  unpaid  and  duly  certified 
letters  of  soldiers,  sailors,  and  marines  in  the  service  of  the  United 
States  to  their  destination,  to  be  paid  on  delivery.    Sec.  9,  Act  of 
Mar.  3, 1879  (20  Stat.  358). 

252.  Official  letters. — It  shall  be  lawful  to  transmit  through  the 
mail,  free  of  postage,  any  letters,  packages,  or  other  matters  relating 

48985°— 15 7  97 


98  MILITARY   LAWS   OF   THE   UNITED   STATES. 

exclusively  to  the  business  of  the  Government  of  the  United  States: 
Provided,  That  every  such  letter  or  package  to  entitle  it  to  pass  free 
shall  bear  over  the  words  "  Official  business  "  an  endorsement  show- 
ing also  the  name  of  the  department,  and,  if  from  a  bureau  or  office, 
the  names  of  the  department  and  bureau  or  office,  as  the  case  may  be, 
whence  transmitted.  Sec.  5,  Act  of  Mar.  3, 1877  (19  Stat.  335) . 

[These  envelopes  are  for  use  in  domestic  correspondence  only,  and  will  not 
cover  the  transportation  of  letters  to  foreign  countries,  upon  which  postage 
stamps  must  be  used.  (See  paragraphs  834-839,  Army  Regulations,  1913,  as  to 
the  use  of  penalty  envelopes.)] 

253.  Same. — Whoever   shall   make   use   of   any   official   envelope, 
label,  or  indorsement  authorized  by  law,  to  avoid  the  payment  of 
postage  or  registry  fee  on  his  private  letter,  packet,  package,  or 
other  matter  in  the  mail,  shall  be  fined  not  more  than  three  hundred 
dollars.    Sec.  227,  Act  of  Mar.  4, 1909,  Criminal  Code  (35  Stat.  1134) . 

254.  Departments  to  procure  envelopes. — For  the  purpose  of  carry- 
ing this  act  into  effect,  it  shall  be  the  duty  of  each  of  the  Executive 
Departments  of  the  United  States  to  provide  for  itself  and  its  sub- 
ordinate offices  the  necessary  envelopes;  and  in  addition  to  the  in- 
dorsement designating  the  department  in  which  they  are  to  be  used, 
the  penalty  for  the  unlawful  use  of  these  envelopes  shall  be  stated 
thereon.    Sec.  6,  Act  of  Mar.  3, 1877  (19  Stat.  336) . 

255.  Extension  of  franking  privilege. — The  provisions  of  the  fifth 
and  sixth  sections  of  the  act  entitled  "An  act  establishing  post  routes, 
and  for  other  purposes  "  approved  March  third,  eighteen  hundred 
and  seventy-seven,  for  the  transmission  of  official  mail  matter,  be, 
and  they  are  hereby,  extended  to  all  officers  of  the  United  States 
Government,  not  including  members  of  Congress,  the  envelopes  of 
such  matter  in  all  cases  to  bear  appropriate  indorsements  containing 
the  proper  designation  of  the  office  from  which  or  officer  from  whom 
the  same  is  transmitted,  with  a  statement  of  the  penalty  for  their 
misuse.    And  the  provisions  of  said  fifth  and  sixth  sections  are  hereby 
likewise  extended  and  made  applicable  to  all  official  mail  matter  of 
the  Smithsonian  Institution.    Sec.  3,  Act  of  July  5,  1884  (23  Stat. 
158). 

256.  Return  penalty  envelopes. — Any  Department  or  officer  author- 
ized to  use  the  penalty  envelopes  may  inclose  them  with  return  ad- 
dress to  any  person  or  persons  from  or  through  whom  official  infor- 
mation is  desired,  the  same  to  be  used  only  to  cover  such  official  in- 
formation, and  indorsements  relating  thereto.    Id. 

257.  Registration  of  mail,  Executive  Departments. — Any  letter  or 
packet  to  be  registered  by  either  of  the  Executive  Departments,  or 
bureaus  thereof,  or  by  the  Agricultural  Department,  or  by  the  Public 
Printer,  may  be  registered  without  the  payment  of  any  registry  fee; 
find  any  part  paid  letter  or  packet  addressed  to  either  of  said  depart- 


MILITAEY  LAWS   OF   THE   UNITED   STATES.  99 

ments  or  bureaus  may  be  delivered  free;  but  where  there  is  good 
reason  to  believe  the  omission  to  prepay  the  full  postage  thereon  was 
intentional,  such  letter  or  packet  shall  be  returned  to  the  sender: 
Provided  further,  That  this  act  shall  not  extend  or  apply  to  pension 
agents  or  other  officers  who  receive  a  fixed  allowance  as  compensation 
for  their  services,  including  expenses  of  postages.  And  section  thirty- 
nine  hundred  and  fifteen  of  the  Revised  Statutes  of  the  United  States, 
so  far  as  the  same  relates  to  stamps  and  stamped  envelopes  for  official 
purposes,  is  hereby  repealed.  Sec.  3,  Act  of  July  5,  1884  (23  Stat. 
158). 


CHAPTER  VII. 


THE    DEPARTMENT    OF    JUSTICE— HABEAS    CORPUS— 
THE  COURT  OF  CLAIMS,  ETC. 


Par. 

The  Department  of  Justice 258-265 

Examination  of  titles 258 

Emergency  purchases 259 

Questions  of  law  to  be  sent  to  the  * 

Attorney  General 260 

Opinions  of  Attorney  General...  261 
Head  of  department  may  require 

opinion 262 

The  Department  of  Justice  to 

render  opinions 263 

Attorney  General  to  provide 

counsel 264 

Published  opinions  of  the  At- 
torney General 265 

Habeas  corpus 266  276 

Habeas  corpus 266 

Same 267 

Condition  on  which  the  writ  may 

issue 268 

How  application  for  writ  shall  be 

made 269 

Duty  of  court  when  application 

is  made 270 

Duty  of  person  to  whom  writ  is 

directed 271 

Same 272 

Same 273 

Date  for  hearing 274 

Duty  of  court  when  return  is 

made 275 

Suspension  of  the  privilege  of  the 

writ  of  habeas  corpus 276 

The  Court  of  Claims 277-279 

The  Court  of  Claims 277 

Jurisdiction  of  district  courts 

over  claims 278 

Set  off,  counter  claims,  etc 279 

Decree  in  case  of  loss  by  a  dis- 
bursing officer 280 

Restriction  on  cases  which  may 

be  filed..,  .  281 


Par. 
The  Court  of  Claims— Continued. 

Time  limit  for  filing  claims 282 

Form  of  petition 283 

Court  may  call  on  department 
for  information 284 

Petition  must  show  ground  for 
relief 285 

Costs  of  taking  evidence  for 
claimant  to  be  paid  by  him . .  286 

Must  be  no  intent  to  defraud  the 
United  States 287 

When  court  may  grant  a  new 
trial 288 

Losing  party  to  pay  cost  of  print- 
ing, etc 289 

No  interest  allowed  before  judg- 
ment   290 

Payment  under  judgment  to  be 
full  discharge  to  United  States.  291 

Final  judgment  to  bar  further 
demand 292 

Attorney  General  to  appear  for 
the  United  States 293 

Procedure  where  debtor  to 
United  States  alleges  no  set- 
tlement within  three  years. . .  294 

Same,  right  of  appeal 295 

Right  of  appeal 296 

Appeal  to  be  taken  within  90 
days 297 

Court  may  allow  costs  in  certain 
cases 298 

Patents 299 

Maritime  Laws 300-303 

Jurisdiction  over  offenses  com- 
mitted on  high  seas 300 

Seizures  on  the  high  seas 301 

Condemnation  of  property  cap- 
tured on  high  seas,  etc 302 

Vessels  entering  closed  port  or 
coming  from  state  in  insurrec- 
tion  303 

101 


102  MILITARY  LAWS  OF   THE   UNITED   STATES. 

258.  *Exanlinatwn  'of "titles. — No  public  money  shall  be  expended 
upon  any  site  or  land  purchased  by  the  United  States  for  the  pur- 
poses of  erecting  thereon  any  armory,  arsenal,  fort,  fortification, 
navy-yard,  custom-house,  light-house,  or  other  public  building,  of 
any  kind  whatever,  until  the  written  opinion  of  the  Attorney- Gen- 
eral shall  be  had  in  favor  of  the  validity  of  the  title,1  nor  until  the 
consent  of  the  legislature  of  the  State  in  which  the  land  or  site  may 
be,  to  such  purchase,  has  been  given.     The  district  attorneys  of  the 
United  States,  upon  the  application  of  the  Attorney- General,  shall 
furnish  any  assistance  or  information  in  their  power  in  relation  to 
the  titles  of  the  public  property  lying  within  their  respective  dis- 
tricts.   And  the  Secretaries  of  the  Departments,  upon  the  applica- 
tion of  the  Attorney-General,  shall  procure  any  additional  evidence 
of  title  which  he  may  deem  necessary,  and  which  may  not  be  in  the 
possession  of  the  officers  of  the  Government,  and  the  expense  of  pro- 
curing it  shall  be  paid  out  of  the  appropriations  made  for  the  con- 
tingencies of  the  Departments  respectively.1    Sec.  355,  R.  S. 

259.  Emergency  purchases. — -In  case  of  emergency  when,  in  the 
opinion  of  the  President,  the  immediate  erection  of  any  temporary 
fort  or  fortification  is  deemed  important  and  urgent,  such  temporary 
fort  or  fortification  may  be  constructed  upon  the  written  consent  of 
the  owner  of  the  land  upon  which  such  work  is  to  be  placed;  and 
the  requirements  of  section  three  hundred  and  fifty-five  of  the  Re- 
vised Statutes  shall  not  be  applicable  in  such  cases.     Joint  Res.  No. 
21,  of  Apr.  11, 1898  (30  Stat.  737). 

260.  Questions  of  law  to  ~be  sent  to  the  Attorney -General. — When- 
ever a  question  of  law  arises  in  the  administration  of  the  Department 
of  War  or  the  Department  of  the  Navy,  the  cognizance  of  which  is 
not  given  by  statute  to  some  other  officer  from  whom  the  head  of 
the  Department  may  require  advice,  it  shall  be  sent  to  the  Attorney- 
General,  to  be  by  him  referred  to  the  proper  officer  in  his  Depart- 
ment, or  otherwise   disposed   of   as   he   may   deem   proper.2     Sec. 
357  R.  S. 

xThe  Attorney-General  in  certifying  the  title  of  land  purchased  by  the  Gov- 
ernment must  look  at  the  question  as  one  of  pure  law,  and  can  not  relax  the 
rules  of  law  on  account  either  of  the  desirableness  of  the  object  or  the  srnallness 
of  the  value  of  the  land.  (VI  Opin.  Att.  Gen.,  432.  See  the  chapters  entitled 
the  Public  Lands  and  Contracts  and  Purchases.  See,  also,  I  Comp.  Dec.,  348.) 

aThe  Attorney-General  will  only  give  official  opinions  on  questions  of  law 
arising  on  facts  which  are  authoritatively  stated  by  a  head  of  Department. 
(X  Opin.  Att.  Gen.,  267.)  He  has  no  authority  to  settle  questions  of  fact,  nor  to 
give  advice  on  questions  of  law,  except  for  the  assistance  of  the  officer  calling  for 
his  opinion  on  points  stated.  He  takes  the  facts  as  they  are  stated  to  him  and 
predicates  his  opinion  on  them.  (Ill  id.,  309.)  It  is  not  the  duty  of  the 
Attorney-General  to  give  opinions  on  questions  of  fact,  nor  to  review  the  pro- 
ceedings of  a  court-martial  in  search  of  questions  of  law.  (V  id.,  626.) 

The  Attorney-General  will  not  give  a  speculative  opinion  on  an  abstract 
question  of  law,  which  does  not  arise  in  any  case  presented  for  the  action  of 
an  Executive  Department.  (XI  id.,  189.)  Nor  will  he  review  the  opinion  of 


MILITAEY  LAWS   OF   THE   UNITED  STATES.  103 

261.  Opinions  of  Attorney -General. — The  Attorney-General  shall 
give  his  advice  and  opinion  upon  questions  of  law,  whenever  re- 
quired by  the  President.     Sec.  354,  R.  S. 

262.  Head  of  Department  may  require  opinion. — The  head  of  any 
Executive  Department  may  require  the  opinion  of  the  Attorney- 
General  on  any  questions  of  law  arising  in  the  administration  of  his 
Department.1    Sec.  356,  R.  S. 

263.  The  Department  of  Justice  to  render  opinions. — The  officers 
of  the  Department  of  Justice,  under  the  direction  of  the  Attorney- 
General,  shall  give  all  opinions  and  render  all  services  requiring  the 
skill  of  persons  learned  in  the  law  necessary  to  enable  the  President 
and  heads  of  Departments,  and  the  heads  of  Bureaus  and  other  offi- 
cers in  the  Departments,  to  discharge  their  respective  duties;  and 
shall,  on  behalf  of  the  United  States,  procure  the  proper  evidence  for, 
and  conduct,  prosecute,  or  defend  all  suits  and  proceedings  in  the  Su- 
preme Court  and  in  the  Court  of  Claims,  in  which  the  United  States, 
or  any  officer  thereof,  as  such  officer,  is  a  party  or  may  be  interested ; 
and  no  fees  shall  be  allowed  or  paid  to  any  other  attorney  or  coun- 
selor at  law  for  any  service  herein  required  of  the  officers  of  the 
Department  of  Justice,  except  in  the  cases  provided  by  section  three 
hundred  and  sixty-three.    Sec.  361,  R.  S. 

264.  Attorney -General  to  provide  counsel. — Whenever  the  head  of 
a  Department  or  Bureau  gives  the  Attorney-General  due  notice  that 
the  interests  of  the  United  States  require  the  service  of  counsel  upon 
the  examination  of  witnesses  touching  any  claim,  or  upon  the  legal 
investigation  of  any  claim,  pending  in  such  Department  or  Bureau, 
the  Attorney-General  shall  provide  for  such  service.    Sec.  364,  R-  S. 

265.  Published  opinions  of  the  Attorney -General. — The  Attorney- 
General  shall  from  time  to  time  cause  to  be  edited,  and  printed  at 
the  Government  Printing  Office,  an  edition  of  one  thousand  copies 
of  such  of  the  opinions  of  the  law  officers  herein  authorized  to  be 
given  as  he  may  deem  valuable  for  preservation  in  volumes,  which 
shall  be,  as  to  size,  quality  of  paper,  printing,  and  binding,  of  uni- 
form style  and  appearance,  as  nearly  as  practicable,  with  volume 
eight  of  such  opinions,  published,  by  Robert  Farnham,  in  the  year 
eighteen  hundred  and  sixty-eight.    Each  volume  shall  contain  proper 

a  former  Attorney-General,  unless  a  proper  case  is  presented  therefor,  and  sub- 
mitted by  the  head  of  a  Department.  (Id.) 

Where  an  official  opinion  from  the  Attorney-General  is  desired  on  questions 
of  law  arising  on  any  case,  the  request  should  be  accompanied  by  a  statement 
of  the  material  facts  in  the  case,  and  also  the  precise  questions  on  which  advice 
is  wanted.  (XVI  id.,  367.  See  note  to  paragraph  265,  post.) 

lrThe  Attorney-General  is  not  authorized  to  give  an  official  opinion  in  any 
case,  except  on  the  call  of  the  President  or  some  one  of  the  heads  of  Depart- 
ments. (1  Opin.  Att.  Gen.,  211.)  Subordinate  officers  of  the  Government  who 
desire  an  official  opinion  of  the  Attorney-General  must  seek  it  through  the  head 
of  the  Department  to  which  they  are  accountable.  (Id.) 


104  MILITARY  LAWS  OF  THE  UNITED  STATES. 

.headnotes,  a  complete  and  full  index,  and  such  footnotes  as  the  Attor- 
ney-General may  approve.  Such  volumes  shall  be  distributed  in  such 
manner  as  the  Attorney-General  may  from  time  to  time  prescribe.1 
Sec.  383,  R.  S. 

266.  Habeas  corpus.  —  The  Supreme  Court  and  the  [circuit2  and] 
district  courts  shall  have  power  to  issue  writs  of  habeas  corpus.8    Sec. 
751,  R.  8. 

267.  Same.  —  The  several  justices  and  judges  of  the  said  courts, 
within  their  respective  jurisdictions,  shall  have  power  to  grant  writs 
of  habeas  corpus  for  the  purpose  of  an  inquiry  into  the  cause  of 
restraint  of  liberty.    Sec.  752,  R.  S. 

268.  Conditions    on    which    the    writ    may    issue.  —  The    writ    of 
habeas  corpus  shall  in  no  case  extend  to  a  prisoner  in  jail,  un- 
less where  he  is  in  custody  under  or  by  color  of  the  authority  of 
the   United   States,   or   is   committed   for   trial  before   some   court 
thereof;  or  is  in  custody  for  an  act  done  or  omitted  in  pursuance  of 
a  law  of  the  United  States,  or  of  an  order,  process,  or  decree  of  a 
court  or  judge  thereof;  or  is  in  custody  in  violation  of  the  Consti- 
tution or  of  a  law  or  treaty  of  the  United  States;  or,  being  a  sub- 
ject or  citizen  of  a  foreign  state,  and  domiciled  therein,  is  in  custody 
for  an  act  done  or  omitted  under  any  alleged  right,  title,  authority, 
privilege,  protection,  or  exemption  claimed  under  the  commission, 
or  order,  or  sanction  of  any  foreign  state,  or  under  color  thereof, 
the  validity  and  effect  whereof  depend  upon  the  law  of  nations;  or 


opinions  of  successive  Attorneys-General,  possessed  of  greater  or  less 
amount  of  legal  acumen,  acquirement,  and  experience,  have  come  to  constitute 
a  body  of  legal  precedents  and  exposition,  having  authority  the  same  in  kind, 
if  not  the  same  in  degree,  with  decisions  of  the  courts  of  justice.  (VI  Opin.  Att. 
Gen.,  326.)  The  opinion  of  the  Attorney-General  for  the  time  being  is,  in  terms, 
advisory  to  the  Secretary  who  calls  for  it  ;  but  it  is  obligatory  as  the  law  of  the 
case  unless,  on  appeal  by  such  Secretary  to  the  common  superior  of  himself  and 
the  Attorney-General,  namely,  the  President  of  the  United  States,  it  be  by  the 
latter  overruled.  (VII  id.,  692.)  Although  the  acts  prescribing  the  duties  of  the 
Attorneys-General  do  not  declare  the  effect  of  their  advice,  it  has  been  the 
practice  of  the  Departments  to  heed  it.  It  has  been  found  greatly  advantageous, 
if  not  absolutely  necessary,  to  have  uniformity  of  action  upon  analogous  ques- 
tions and  cases;  and  that  result  is  more  likely  to  be  attained  under  the  guidance 
of  a  single  Department,  constituted  for  the  purpose,  than  by  a  disregard  of*  its 
opinions  and  advice.  (V  id.,  97.) 

3  Circuit  courts  were  abolished  by  the  Judicial  Code,  Act  of  Mar.  3,  1911  (36 
Stat  1087,  1169). 

8  The  Supreme  Court  may  issue  the  writ  in  virtue  of  its  original  jurisdiction 
only  in  cases  affecting  ambassadors,  other  public  ministers,  and  consuls,  or  in 
those  to  which  a  State  is  a  party.  (Ex  parte  Hung  Hang,  108  U.  S.,  552.)  In 
the  exercise  of  its  appellate  jurisdiction,  it  may  issue  the  writ  for  the  pur- 
pose of  reviewing  the  judicial  decision  of  some  inferior  officer  or  court.  (Id., 
553;  Ex  parte  Bollman  and  Swartwout,  4  Cr.,  75;  Ex  parte  Watkins,  7  Pet., 
568;  Ex  parte  Wells,  18  How.,  307,  328;  Ex  parte  Yerger,  8  Wall,  85;  Ex  parte 
Lange,  18  Wall.,  163  ;  Ex  parte  Parks,  93  U.  S.,  18  ;  Ex  parte  Virginia,  100  U.  S., 
339;  Ex  parte  Siebold,  100  U.  S.,  371.)  Application  to  the  Supreme  Court  for 
the  issue  of  the  writ  must  show  that  the  case  is  within  its  jurisdiction.  (In  re 
Milburn,  9  Peters,  704.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  105 

unless  it  is  necessary  to  bring  the  prisoner  into  court  to  testify.1 
Sec.  753,  R.  S. 

269.  How  application  for  writ  shall  be  made. — Application  for 
writ  of  habeas  corpus  shall  be  made  to  the  court,  or  justice,  or  judge 
authorized  to  issue  the  same,  by  complaint  in  writing,  signed  by  the 
person  for  whose  relief  it  is  intended,  setting  forth  the  facts  concern- 
ing the  detention  of  the  party  restrained,  in  whose  custody  he  is 
detained,  and  by  virtue  of  what  claim  or  authority,  if  known.    The 
facts  set  forth  in  the  complaint  shall  be  verified  by  the  oath  of  the 
person  making  the  application.    Sec.  754,  R.  S. 

270.  Duty  of  court  when  application  is  made. — The  court,  or  jus- 
tice, or  judge  to  whom  such  application  is  made  shall  forthwith 
award  a  writ  of  habeas  corpus,  unless  it  appears  from  the  petition 
itself  that  the  party  is  not  entitlecHhereto.    The  writ  shall  be  directed 
to  the  person  in  whose  custody  the  party  is  detained.2    Sec.  755,  R.  S. 

271.  Duty  of  person  to  ivhom  writ  is  directed. — Any  person  to 
whom  such  writ  is  directed  shall  make  due  return  thereof  within 
three  days  thereafter,  unless  the  party  be  detained  beyond  the  dis- 
tance of  twenty  miles ;  and  if  beyond  that  distance  and  not  beyond  a 

1 A  justice  of  the  Supreme  Court  may  issue  the  writ  in  any  part  of  the  United 
States  where  he  happens  to  be,  and  may  make  it  returnable  to  himself,  or  may 
refer  it  to  the  court  for  determination.  (Ex  parte  Clarke,  100  U.  S.,  399,  403.) 
The  writ  can  not  be  made  to  perform  the  function  of  a  writ  of  error.  (Ex 
parte  Virginia,  100  U.  S.,  339;  Ex  parte  Reed,  id.,  13,  23.)  The  writ  may  be 
used  in  connection  with  the  writ  of  certiorari  to  determine  whether  the  court 
below  acted  with  jurisdiction.  (Ex  parte  Lange,  18  Wall.,  163;  Ex  parte  Vir- 
ginia, 100  U.  S.,  339;  Ex  parte  Siebold,  id.,  371  )  This  section  does  not  re- 
quire that  the  law  therein  mentioned  shall  be  by  express  act  of  Congress.  Any 
obligation  fairly  and  properly  inferable  from  the  Constitution,  or  any  duty  of 
ii  United  States  officer  to  be  derived  from  the  general  scope  of  his  duties,  is 
a  "  law  "  within  the  meaning  of  the  statute.  (Cunningham  v.  Neagle,  135  U.  S., 
1.  See  also  Ex  parte  Dorr,  3  How.,  103;  Ex  parte  Barnes,  1  Sprague,  133; 
Ex  parte  Bridges,  2  Woods,  428.) 

3  In  the  courts  of  the  United  States  the  practice  prevailing  at  the  common 
law  at  the  time  of  the  adoption  of  the  Constitution  is  still  pursued.  The  writ 
may  be  granted  in  term  time  or  by  a  justice  or  judge  of  a  Federal  court,  having 
jurisdiction  to  issue  the  writ,  in  vacation,  or  at  any  time,  and  may  be  issued  by 
a  justice  of  the  Supreme  Court  in  any  part  of  the  country,  wherever  he  may  be. 
(Kurd,  Hab.  Corp.,  214;  U.  S.  v.  Clarke,  100  U.  S.,  403.)  The  usual  course  of 
proceeding  is  for  the  court,  on  the  application  of  the  prisoner  for  a  writ  of 
habeas  corpus,  to  issue  the  writ  and,  on  its  return,  to  hear  and  dispose  of  the 
case;  but  where  the  cause  of  imprisonment  is  fully  shown  by  the  petition,  the 
court  may,  without  issuing  the  writ,  consider  and  determine  whether,  upon  the 
grounds  presented  in  the  petition,  the  prisoner,  if  brought  before  the  court, 
would  be  discharged.  (Ex  parte  Milligan,  4  Wall.,  2.)  Under  the  requirements 
of  this  section,  the  writ,  though  a  matter  of  right,  does  not  issue  as  a  matter  of 
course  and  may  be  refused  if,  upon  the  showing  made  in  the  petition,  it  appear 
that  the  petitioner,  if  brought  into  court  would  be  remanded.  (In  re  King, 
51  Fed.  Rep.,  434 ;  In  re  Jordan;  49  Fed.  Rep.,  238 ;  In  re  Haskell,  52  Fed.  Rep., 
795.)  Suspension  of  the  privilege  of  the  writ  does  not  suspend  the  writ  itself. 
The  writ  issues  as  a  matter  of  course;  and,  on  its  return,  the  court  decides 
whether  the  applicant  is  denied  the  privilege  of  proceeding  any  further.  (Ex 
parte  Milligan,  4  Wall.,  2.) 


106  MILITARY   LAWS  OF   THE   UNITED   STATES. 

distance  of  a  hundred  miles,  within  ten  days;  and  if  beyond  the  dis- 
tance of  a  hundred  miles,  within  twenty  days.1    Sec.  756,  R.  8. 

272.  Same. — The  person  to  whom  the  writ  is  directed  shall  certify 
to  the  court,  or  justice,  or  judge  before  whom  it  is  returnable  the  true 
cause  of  the  detention  of  such  party.     Sec.  757,  R.  S. 

273.  Same. — The  person  making  the  return  shall  at  the  same  time 
bring  the  body  of  the  party  before  the  judge  who  granted  the  writ. 
Sec.758,R.S. 

274.  Date  for  hearing. — When  the  writ  is  returned,  a  day  shall  be 
set  for  the  hearing  of  the  cause,  not  exceeding  five  days  thereafter, 
unless  the  party  petitioning  requests  a  longer  time.     Sec.  759,  R.  S. 

[If  the  service  of  the  writ  be  prevented  by  military  force,  it  will  be  ordered  to 
be  placed  on  the  files  of  the  court,  to  be  served  when  practicable.  (Ex  parte 
Winder,  2  Clifford,  89.) 

An  order  from  a  subordinate  in  the  War  Department  to  an  officer  not  to  obey 
the  writ  by  the  production  of  the  body,  is  no  justification  to  the  officer.  (Ex 
parte  Field,  5  Blatchford,  C.  C.,  63.)] 

275.  Duty  of  court  when  return  is  made. — The  court,  or  justice,  or 
judge  shall  proceed  in  a  summary  way  to  determine  the  facts  of  the 
case,  by  hearing  the  testimony  and  arguments,  and  thereupon  to 
dispose  of  the  party  as  law  and  justice  require.2    Sec.  761,  R.  S. 

1  In  regard  to  the  duties  of  an  officer  upon  whom  has.  been  served  a  writ  of 
habeas  corpus,  as  well  as  for  the  forms  of  return,  etc.,  see  the  Manual  for 
Courts-Martial  and  the  Army  Regulations. 

2 (6)  The  purpose  of  the  writ  is  to  enable  the  court  to  inquire,  first,  if  the 
petitioner  is  restrained  of  bis  liberty.  If  he  is  not,  the  court  can  do  nothing 
but  discharge  the  writ.  If  there  is  such  restraint,  the  court  can  then  inquire 
into  the  causes  of  it,  and  if  the  alleged  cause  is  unlawful,  it  must  then  dis- 
charge the  prisoner.  *  *  *  In  the  case  of  a  man  in  the  military  or  naval 
service,  where  he  is,  whether  as  an  officer  or  private,  always  more  or  less  sub- 
ject in  his  movements,  by  the  very  necessity  of  military  rule  and  subordination, 
to  the  orders  of  his  superior  officer,  it  should  be  quite  clear  that  some  unusual 
restraint  upon  his  liberty  of  personal  movement  exists  to  justify  the  issue  of 
the  writ ;  otherwise  every  order  of  the  superior  officer  directing  the  movements 
of  the  subordinate,  which  necessarily  to  some  extent  controls  his  freedom 
of  will,  may  be  held  to  be  a  restraint  of  his  liberty  and  the  party  so  ordered 
may  seek  relief  from  obedience  by  means  of  a  writ  of  habeas  corpus.  Some- 
thing more  than  moral  restraint  is  necessary  to  make  a  case  for  habeas  corpus. 
There  must  be  actual  confinement  or  the  present  means  of  enforcing  it. 
(Wales  v.  Whitney,  114  U.  S.,  564,  571.)  Where  a  court-martial  has  jurisdic- 
tion of  the  person  and  of  the  subject-matter  and  is  competent  to  pass  the  sen- 
tence under  which  the  prisoner  is  held,  its  proceedings  can  not  be  collaterally 
impeached,  and  a  writ  of  habeas  corpus  can  not  be  made  to  perform  the  func- 
tion of  a  writ  of  error.  (Ex  parte  Reed,  100  U.  S.,  13,  23;  Ex  parte  Kearney, 
7  Wheat.,  38;  Ex  parte  Watkins,  3  Pet,  193;  Ex  parte  Milligan,  4  Wall.,  2; 
Ex  parte  Mason,  105  U.  S.,  696;  Ex  parte  Curtis,  106  U.  S.,  371;  Ex  parte 
Carrl.  id.,  521 ;  Ex  parte  Bigelow,  113  U.  S.,  328 ;  Davis  v.  Reason,  133  id.,  333 ; 
In  re  Frederick,  149  id.,  70;  Smith  v.  Whitney,  116  U.  S.,  167;  U.  S.  v.  Grimley. 
137  U.  S.,  147 ;  Johnson  v.  Sayre,  158  U.  S.,  109 ;  In  re  Royd,  49  Fed.  Rep.,  48 ; 
Crossley  v.  California,,  168  U.  S.,  640;  Ex  parte  Lennon,  164  Fed.  Rep.,  320; 
In  re  Lawrence,  84  id.','  99.) 

Where  a  medical  director  in  the  Navy,  against  whom  charges  had  been 
preferred  and  in  whose  case  a  general  court-martial  had  been  ordered,  was 
placed  in  arrest  by  the  Secretary  of  the  Navy,  and  notified  to  confine  himself 
to  the  limits  of  the  city  of  Washington:  Held,  That  this  constituted  no  such 
restraint  of  liberty  as  to  sustain  a  writ  of  habeas  corpus.  (Wales  v.  Whitney, 
114  U.  S.,  564.)  Where  a  person  is  in  custody  under  process  from  a  State 
court  of  original  jurisdiction  for  an  alleged  offense  against  the  laws  of  such 


MILITARY  LAWS   OF   THE   UNITED   STATES.  107 

276.  Suspension  of  the  privilege  of  the  writ  of  habeas  corpus. — 
The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended. 

State,  and  it  is  claimed  that  he  is  restrained  of  his  liberty  in  violation  of  the 
Constitution  of  the  United  States,  the  circuit  court  has  a  discretion  whether 
it  will  discharge  him  upon  a  habeas  corpus,  in  advance  of  his  trial  in  the  court 
in  which  he  is  indicted ;  that  discretion,  however,  to  be  subordinated  to  any 
special  circumstances  requiring  immediate  action.  When  the  State  court  has 
finally  acted  upon  the  case,  the  circuit  court  has  still  a  discretion  whether, 
under  all  the  circumstances,  the  accused,  if  convicted,  shall  be  put  to  his  writ 
of  error  from  the  highest  court  of  the  State,  or  whether  it  will  proceed,  by 
writ  of  habeas  corpus,  summarily  to  determine  whether  the  prisoner  is  re- 
strained of  his  liberty  in  violation  of  the  Constitution  of  the  United  States. 
(Ex  parte  Royall,  117  U.  S.,  241,  253;  Ex  parte  Watkins,  3  Pet,  201;  Ex  parte 
Bridges,  2  Woods,  428 ;  Ex  parte  Lange,  18  Wall.,  163 ;  In  re  Kings,  51  Fed.  Rep., 
434 ;  Ex  parte  Hanson,  28  Fed.  Rep.,  127, 131 ;  In  re  Jordan,  49  Fed.  Rep.,  238 ;  In 
re  Lawrence,  80  id.,  99;  Ex  parte  Lennon,  64  id.,  320.)  Where  a  United  States 
marshal  in  custody  for  an  act  done  in  pursuance  of  a  law  of  the  United  States 
is  brought  before  a  Federal  court  by  habeas  corpus  and  discharged,  he  can  not 
afterwards  be  tried  by  the  State  court.  (Cunningham  r.  Neagle,  135  U.  S.,  1. 
See,  also,  In  re  Boardman,  169  U.  S.,  39;  Baker  v.  Grice,  id.,  284;  Nishimura 
Ekin  v.  U.  S.,  142  id.,  651,  166  U.  S.,  391;  lasigi  v.  Van  de  Surr,  166  U.  S.,  391.) 
Conflict  of  State  and  Federal  authority. — The  writ  of  habeas  is  a  high  pre- 
rogative writ  known  to  the  common  law,  the  great  object  of  which  is  the 
liberation  of  those  who  may  be  imprisoned  without  sufficient  cause.  It  is  in 
the  nature  of  a  writ  of  error  to  examine  the  legality  of  the  commitment.  (Ex 
parte  Watkins,  3  Pet.,  202.)  The  Federal  courts  by  whom,  and  the  cases  in 
which,  it  may  be  issued  are  described  in  sections  751,  752,  753,  754,  762,  763, 
764,  and  765  of  the  Revised  Statutes  Subject  to  the  paramount  authority  of 
the  National  Government,  by  its  own  tribunals,  to  inquire  into  the  legality 
of  custody  of  prisoners  held  by  the  United  States  courts  or  officers,  the  States 
may  inquire  into  the  grounds  on  which  any  person  in  their  respective  limits 
is  restrained  of  his  liberty.  (Robb  v.  Connolly,  111  U.  S.,  624.)  A  State  court 
has  no  jurisdiction  by  habeas  corpus  to  release  a  prisoner  held  by  order  of 
Federal  court.  (Ableman  v.  Booth,  21  How.,  506.)  And  a  judicial  officer  of  a 
State  can  not,  by  means  of  a  writ  of  habeas  corpus,  take  and  discharge  a 
person  held  by  or  under  color  of  authority  of  the  United  States.  If  it  appear 
upon  the  return  to  a  writ  of  habeas  corpus  that  the  person  is  detained  under 
color  of  the  authority  of  the  United  States,  the  State  court  has  no  further 
jurisdiction.  (Tarble's  case,  13  Wall.,  397.)  We  do  not  question  the  authority 
of  the  State  court  or  judge  who  is  authorized  by  the  laws  of  the  State  to  issue 
the  writ  of  habeas  corpus  to  issue  it  in  any  case  where  the  party  is  imprisoned 
within  its  territorial  limits,  provided  it  does  not  appear,  when  the  application 
is  made,  that  the  person  imprisoned  is  in  custody  under  the  authority  of  the 
United  States.  The  court  or  judge  has  a  right  to  inquire,  in  this  mode  of 
proceeding,  for  what  cause  and  by  what  authority  the  prisoner  is  confined 
within  the  territorial  limits  of  the  State  sovereignty.  And  it  is  the  duty  of 
the  marshal  or  other  person  having  the  custody  of  the  prisoner  to  make  known 
to  the  judge  or  court,  by  a  proper  return,  the  authority  by  which  he  holds 
him  in  custody.  *  *  *  But  after  the  return  is  made  and  the  State  judge 
or  court  judicially  apprised  that  the  party  is  in  custody  under  the  authority  of 
the  United  States,  thej  can  proceed  no  further.  *  *  *  And  although,  as 
we  have  said,  it  is  the  duty  of  the  marshal  or  other  person  holding  him  to 
make  known,  by  a  proper  return,  the  authority  under  which  he  detains  him, 
it  is  at  the  same  time  imperatively  his  duty  to  obey  the  process  of  the  United 
States,  to  hold  the  prisoner  in  custody  under  it,  and  to  refuse  obedience  to  the 
mandate  or  process  of  any  other  Government.  And  consequently  it  is  his  duty 
not  to  take  the  prisoner,  nor  suffer  him  to  be  taken,  before  a  State  judge  or 
court  upon  a  habeas  corpus  issued  under  State  authority.  No  State  judge  or 
court,  after  they  are  judicially  informed  that  the  party  is  imprisoned  under  the 
authority  of  the  United  States,  has  any  right  to  interfere  with  him,  or  to  re- 
quire him  to  be  brought  before  them.  And  if  the  authority  of  a  State,  in  the 
form  of  a  judicial  process  or  otherwise,  should  attempt  to  control  the  marshal 
or  other  authorized  officer  or  agent  of  the  United  States,  in  any  respect  in  the 
custody  of  his  prisoner,  it  would  be  his  duty  to  resist  it  and  to  call  to  his  aid 
any  force  that  might  be  necessary  to  maintain  the  authority  of  law  against 
illegal  interference."  No  judicial  process,  whatever  form  it  may  assume,  can  have 


108  MILITAKY  LAWS   OF   THE   UNITED   STATES. 

unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it.1  Art.  1,  sec.  9,  par.  2,  Constitution  of  United  States. 

any  lawful  authority  outside  of  the  limits  of  the  jurisdiction  of  the  court  or 
judge  by  whom  it  was  issued,  and-  an  attempt  to  enforce  it  beyond  these 
boundaries  is  nothing  less  than  lawless  violence.  (Ableman  v.  Booth,  21  How., 
506.)  A  State  judge  has  no  jurisdiction  to  issue  a  -writ  of  habeas  corpus  for 
a  prisoner  in  custody  of  an  officer  of  the  United  States  if  the  fact  of  such 
custody  is  known  to  him  before  issuing  the  writ;  and  if  such  fact  appears  on 
the  return  to  the  writ,  all  further  proceedings  by  him  are  void.  And  if  the 
United  States  officer  resist  the  enforcement  of  the  State  writ  and  is  impris- 
oned therefor,  he  will  be  discharged  by  the  Federal  court.  (Ex  parte  Sifford, 
5  Am.  Law  Reg.,  O.  S.,  659.)  A  military  officer  of  the  United  States  is  not  bound 
to  produce  the  body  of  an  enlisted  soldier  in  answer  to  a  writ  of  habeas  corpus 
issued  from  a  State  court  or  judge.  (In  re-  Neill,  8  Blatch.,  166.)  The  return 
of  a  military  officer  to  a  writ  of  habeas  corpus  need  not  be  on  oath.  (In  re 
Neill,  8  Blatch.,  165.)  The  validity  of  the  enlistment  of  a  soldier  can  not  be 
inquired  into  by  a  State  court  by  the  issue  of  a  writ  of  habeas  corups,  and  an 
officer  of  the  Army  may  properly  refuse  to  discharge  an  enlisted  man  in  his 
command  upon  the  order  of  a  State  court.  (In  re  Ferrand,  1  Abbot,  140,  147.) 

An  officer  or  agent  of  the  United  States  engaged  in  the  performance  of  a 
duty  arising  under  the  laws  and  authority  of  the  United  States  is  not  liable 
to  a  criminal  prosecution  in  the  courts  of  a  State  for  acts  done  by  him  in  his 
official  capacity.  (In  ro  Waite,  81  Fed.  Rep.,  359.)  An  officer  who,  in  the 
performance  of  what  he  conceives  to  be  his  official  duty,  transcends  his  author- 
ity and  invades  private  rights,  is  answerable  therefor  to  the  Government  under 
which  he  acts,  and  to  individuals  injured  by  his  action ;  but  where  there  is  no 
criminal  intent  he  is  not  liable  to  answer  the  criminal  process  of  another  Gov- 
ernment. (In  re  Lewis,  83  id.,  159;  in  re  Neagle,  135  U.  S.,  1.)  Federal  courts 
have  authority  in  habeas  corpus  proceedings  to  inquire  into  the  guilt  or  inno- 
cence of  persons  committed  on  preliminary  examination  by  a  State  tribunal  on 
a  criminal  charge  for  acts  done  in  the  service  of  the  United  States,  so  far  as  to 
determine  whether  the  acts  were  done  wantonly  and  with  a  criminal  intent. 
(Id.,  159.)  When  an  officer  of  the  United  States  is  sought  to  be  held  in  a  State 
court  for  punishment  for  acts  done  in  the  performance  of  his  duty  to  the  United 
States,  it  is  not  a  sufficient  reason  for  refusing  his  release  upon  habeas  corpus 
that  he  may  raise  the  question  of  his  immunity  in  the  State  court,  and  carry 
the  matter  by  writ  of  error  to  the  United  States  Supreme  Court,  if  necessary, 
since  the  operations  of  the  Federal  Government  would,  in  the  meantime,  be 
obstructed  by  the  confinement  of  its  officer.  (In  re  Waite,  81  Fed.  Rep.,  359.) 

aThe  privilege  of  the  writ  must  here  mean  the  right  to  the  writ.  (Paschal, 
141.)  The  power  to  issue  the  writ  is  not  privilege,  to  ask  for  it  is.  (Id.) 

It  would  seem,  as  the  power  is  given  to  Congress  to  suspend  the  privilege  of 
the  writ  in  cases  of  rebellion  or  invasion,  that  the  right  to  judge  whether  the 
exigency  had  arisen  must  exclusively  belong  to  that  body.  (Martin  v.  Mott, 
12  Wheat,  19;  Ex  parte  Milligan,  4  Wall.,  2;  VIII  Opin.  Att  Gen.,  365.)  The 
privilege  of  the  writ  was  suspended  by  the  act  of  March  12,  1863  (12  Stat. 
755),  which  contained  the  following  requirement:  "During  the  present  re- 
bellion the  President  of  the  United  States  whenever,  in  his  judgment  the  public 
safety  may  require  it,  is  authorized  to  suspend  the  writ  of  habeas  corpus,  in 
any  case,  throughout  the  United  States  or  any  part  thereof."  (Ex  parte  Mill- 
igan, 4  Wall.,  2,  115-116;  ValLandigham's  trial,  1  id.,  243.)  On  September  15, 
1863,  the  President,  by  proclamation,  suspended  the  privilege  of  the  writ  during 
the  rebellion,  throughout  the  United  States,  in  all  cases  "  when,  by  the  authority 
of  the  President  of  the  United  States,  the  military,  naval,  and  civil  officers  of 
the  United  States,  or  any  of  them,  held  persons  under  their  command  or  in 
their  custody,  either  as  prisoners  of  war,  spies,  or  aiders  or  abettors  of  the 
enemy,  or  officers,  soldiers,  or  seamen,  enrolled,  drafted,  or  mustered  or  enlisted 
in  or  belonging  to  the  land  or  naval  forces  of  the  United  States,  or  as  deserters 
therefrom,  or  otherwise  amenable  to  military  law,  or  the  Rules  and  Articles  of 
War,  or  the  rules  or  regulations  prescribed  for  the  military  or  naval  service  by 
authority  of  the  President  of  the  United  States,  or  for  resisting  a  draft,  or 
for  any  other  offense  against  the  military  or  naval  service.  (See,  also,  United 
States  v.  Hamilton,  3  Ball.,  17;  Hepburn  et  al.  v.  Ellzey,  2  Cr.,  445;  Ex  parte 
Bollman  and  Swartwout,  4  Cr.,  75;  Ex  parte  Kearney,  7  Wh.,  38;  Ex  parte 
Tobias  Watkins,  3  Pet,  192;  Ex  parte  Milburn,  9  Pet,  704;  Holmes  v.  Jen- 


MILITARY    LAWS   OF    THE    UNITED   STATES.  109 

277.  The  Court  of  Claims. — The  Court  of  Claims  shall  have  juris- 
diction to  hear  and  determine  the  following  matters : 

First.  All  claims  (except  for  pensions)  founded  upon  the  Consti- 
tution of  the  United  States  or  any  law  of  Congress,  upon  any  regula- 
tion of  an  Executive  Department,  upon  any  contract,  express  or  im- 
plied, with  the  Government  of  the  United  States,  or  for  damages, 
Jiquidated  or  unliquidated,  in  cases  not  sounding  in  tort,  in  respect  of 
which  claims  the  party  would  be  entitled  to  redress  against  the 
United  States  either  in  a  court  of  law,  equity,  or  admiralty  if  the 
United  States  were  suable:  Provided,  however,  That  nothing  in  this 
section  shall  be  construed  as  giving  to  the  said  court  jurisdiction  to 
hear  and  determine  claims  growing  out  of  the  late  civil  war,  and 
commonly  known  as  "  war  claims,"  or  to  hear  and  determine  other 
claims  which,  prior  to  March  third,  eighteen  hundred  and  eighty- 
seven,  had  been  rejected  or  reported  on  adversely  by  any  court, 
department,  or  commission  authorized  to  hear  and  determine  the 
same. 

Second.  All  set-offs,  counterclaims,  claims  for  damages,  whether 
liquidated  or  unliquidated,  or  other  demands  whatsoever  on  the  part 
of  the  Government  of  the  United  States  against  any  claimant  against 
the  Government  in  said  court:  Provided,  That  no  suit  against  the 
Government  of  the  United  States,  brought  by  any  officer  of  the 
United  States  to  recover  fees  for  services  alleged  to  have  been  per- 
formed for  the  United  States,  shall  be  allowed  under  this  chapter 
until  an  account  for  said  fees  shall  have  been  rendered  and  finally 
acted  upon  as  required  by  law,  unless  the  proper  accounting  officer  of 
the  Treasury  fails  to  act  finally  thereon  within  six  months  after  the 
account  is  received  in  said  office. 

Third.  The  claim  of  any  paymaster,  quartermaster,  commissary  of 
subsistence,  or  other  disbursing  officer  of  the  United  States,  or  of  his 
administrators  or  executors,  for  relief  from  responsibility  on  account 
of  loss  by  capture  or  otherwise,  while  in  the  line  of  his  duty,  of  Gov- 
ernment funds,  vouchers,  records,  or  papers  in  his  charge,  and  for 
which  such  officer  was  and  is  held  responsible.1  Sec.  H5,  Act  of 
Mar.  3,  1911,  Judicial  Code  (36  Stat.  1136). 

nison  et  al.,  14  Pet.,  540 ;  Ex  parte  Dorr,  3  How.,  103 ;  Luther  v.  Borden,  7  How., 
1 ;  Ableman  v.  Booth  and  United  States  v.  Booth,  21  How.,  506 ;  Ex  parte  Val- 
landigham,  1  Wall.,  243;  Ex  parte  Milligan,  4  Wall.,  2;  Ex  parte  McCardle,  7 
Wall.,  506;  Ex  parte  Yerger,  8  Wall.,  85  Tarble's  case,  13  Wall.,  397;  Ex  parte 
Lunge,  18  Wall.,  163;  Ex  parte  Parks,  93  U.  S.,  18;  Ex  parte  Karstendick,  93 
U.  S.,  396.) 

JThe  Court  of  Claims  was  established  by  the  acts  of  February  24,  1855  (10 
Stat,  612)  ;  March  3,  1863  (12  Stat.,  765),  and  May  8,  1872  (17  Stat.,  85).  Its 
nrocedure  is  now  governed  by  the  Judicial  Code,  act  of  March  3,  1911  (36  Stat., 
1087).  This  court  was  created  with  a  view  to  give  legal  redress  to  the  citizen 
as  against  the  Government  where  he  would  have  had  legal  redress  as  against 
another  citizen.  It  is  a  curious  fact,  not  generally  known,  that  the  example  of 
Prussia  and  the  German  States  in  guarding  the  private  rights  of  persons  by 
subjecting  the  Government,  in  matters  of  account,  to  the  judicial  power  of 


110  MILITARY   LAWS   OF   THE   UNITED   STATES. 

278.  Jurisdiction  of  district  courts  over  claims. — Concurrent  with 
the  Court  of  Claims,  of  all  claims  not  exceeding  ten  thousand  dollars 
founded  upon  the  Constitution  of  the  United  States  or  any  law  of 
Congress,  or  upon  any  regulation  of  an  Executive  Department,  or 
upon  any  contract,  express  or  implied,  with  the  Government  of  the 

ordinary  courts  of  justice,  led  to  the  establishment  of  the  Court  of  Claims. 
(Brown  v.  U.  S.,  5  Ct.  Cls.,  571,  577.)  The  provisions  of  the  act  of  March  3, 
1863,  authorizing  the  Court  of  Claims  to  hear  and  determine,  without  a  jury, 
claims  against  Government  with  set-offs,  is  not  unconstitutional.  (McElrath  v. 
U.  S.,  102  U.  S.,  426.) 

A  claimant  presenting  a  claim  founded  upon  a  law  of  Congress  has  a  legal 
right,  under  section  1059,  Revised  Statutes,  to  a  definitive  adjudication;  and 
the  power  of  the  court  to  afford  that  can  not  be  considered  as  interfered  with 
by  anything  short  of  a  lodgment  of  the  power  of  definitive  adjudication  in  some 
other  tribunal  or  officer.  (Thomas  v.  U.  S.,  16  Ct.  Cls.,  522.)  The  rejection  of 
a  claim  by  the  accounting  officers  leaves  the  party  to  pursue  his  remedy  at  law, 
viz,  an  action  in  this  court,  though  he  may  have  accepted  the  portion  allowed. 
(Longwill  v.  U.  S.,  17  Ct.  Cls.,  288;  U.  S.  v.  Kauffman,  96  U.  S.,  567.) 

Regulations  of  an  Executive  Department  are  rules  relating  to  the  subjects  on 
which  a  department  acts  and  are  made  by  its  head  under  an  act  of  Congress 
conferring  that  power  and  thereby  giving  such  regulations  the  force  of  law.  A 
mere  order  of  the  President  or  of  a  Secretary  is  not  a  regulation.  (Harvey  v. 
U.  S.,  3  Ct.  Cls.,  38.)  By  the  term  "any  regulation"  is  doubtless  intended  any 
regulation  within  the  lawful  discretion  of  the  head  of  an  executive  depart- 
ment. *  *  *  When  Congress  permits  regulations  to  be  formulated  and  pub- 
lished and  carried  into  effect  year  after  year,  the  legislative  ratification  must 
be  implied.  (Maddox  v.  U.  S.,  20  Ct.  Cls.,  193,  198.) 

The  jurisdiction  of  the  Court  of  Claims  is  confined  to  suits  arising  from  con- 
tracts express  or  implied.  (Langford  v.  U.  S.,  101  U.  S.,  341.)  The  United 
States  can  not  be  sued  in  the  Court  of  Claims  on  equitable  considerations  merely. 
(Bonner  v.  U.  S.,  9  Wall.,  156.)  The  language  of  the  statutes  which  confer 
jurisdiction  on  the  Court  of  Claims  excludes,  by  the  strongest  implication,  de- 
mands against  the  Government  founded  on  torts.  In  such  cases,  where  it  is 
proper  for  the  Nation  to  furnish  a  remedy,  Congress  has  wisely  reserved  the 
matter  for  its  own  determination.  (Gibbons  v.  U.  S.,  8  Wall.,  269,  275;  Reed  v. 
U.  S.,  11  Wall.,  591 ;  Langford  v.  U.  S.,  101  U.  S.,  341.  See,  also,  paragraphs 
339-353,  post.) 

Contracts. — The  Court  of  Claims,  in  the  construction  and  enforcement  of  con- 
tracts, is  bound  to  apply  the  principles  which  govern  like  contracts  between 
individuals.  (U.  S.  v.  Smoot  15  Wall.,  36;  Curtis  v.  U.  S.,  2  Ct.  Cls.,  144: 
Brooke  v.  U.  S.,  id.,  180.)  All  questions  of  salary  are  questions  of  contract,  and 
whether  the  salary  is  fixed  by  law,  or  by  order  of  a  department  under  authority 
of  law,  the  Government  contracts  to  pay  the  officer  his  salary,  and,  failing  to 
do  so,  a  suit  therefor  may  be  maintained  in  this  court,  whether  the  case  arises 
under  a  revenue  act  or  any  other.  (Patton  v.  U.  S.,  7  Ct.  Cls.,  362.)  The 
United  States  can  no  more  discharge  its  contracts  by  such  performance  than 
can  an  individual  person  do  so.  Congress  may  fail  to  appropriate,  in  whole  or 
in  part,  the  money  required  for  payment  of  a  public  creditor,  and  thus  leave 
the  public  officer  without  authority  to  draw  money  from  the  Treasury  for  that 
purpose,  but  the  indebtedness  and  liability  remain  in  force.  (Mitchell  v.  U.  S., 
18  Ct.  Cls.,  281,  287 ;  Graham  v.  U.  S.,  1  id.,  380 ;  Collins  v.  U.  S.,  15  id.,  22 ; 
French  v.  U.  S.,  16  id.,  419.)  An  officer  who  has  been  wholly  retired  from  the 
service,  but  in  whose  case  the  order  of  retirement  has  been  revoked  by  the 
President,  who  directs  his  name  to  be  placed  on  the  retired  list,  is  an  officer  de 
facto,  and  though  illegally  on  such  retired  list,  money  paid  him  by  way  of 
salary,  so  long  as  he  holds  the  office  in  good  faith,  can  not  be  recovered  back. 
When  one  claiming  to  be  an  officer  renders  no  service  and  holds  no  official  rela- 
tions with  the  Government,  money  paid  him  for  service  may  be  recovered  back. 
(Miller  v.  U.  S.,  19  Ct.  Cls.,  338.)  In  an  action  in  the  Court  of  Claims  to  re- 
cover a  balance  claimed  to  be  due  on  pay  account,  the  United  States  can  set  up, 
as  a  counter  claim,  an  alleged  overpayment  to  him  on  account  of  pay,  and  can 
have  judgment  for  its  collection.  (U.  S.  v.  Burchard,  125  U.  S.,  176;  McElrath 
v.  U.  S.,  102  U.  S.,  426.) 

An  officer  can  only  bind  the  Government  by  nets  which  come  within  a  just 
exercise  of  his  official  power.  (Hunter  v.  U.  S.,  5  Pet.,  173,  178;  The  Floyd  Ac* 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  Ill 

United  States,  or  for  damages,  liquidated  or  unliquidated,  in  cases 
not  sounding  in  tort,  in  respect  to  which  claims  the  party  would  be 
entitled  to  redress  against  the  United  States,  either  in  a  court  of  law, 
equity,  or  admiralty,  if  the  United  States  were  suable,  and  of  all 
set-offs,  counterclaims,  claims  for  damages,  whether  liquidated  or 

ceptances,  7  Wall.,  666;  Whiteside  v.  U.  S.,  93  U.  S.,  247.)  Unless  the  Govern- 
ment has  ratified  a  contract  of  an  officer  in  excess  of  his  authority,  or  received 
the  benefit  of  it,  it  is  not  liable.  The  ratification  of  some  of  a  series  of  unau- 
thorized acts  is  not  to  be  construed  to  be  an  approval  of  any  not  specified. 
(Pitcher  v.  U.  S.,  1  Ct.  Cls.,  7;  De  Celis  v.  U.  S.,  13  Ct  Cls.,  117.) 

Implied  contracts. — To  constitute  an  implied  contract  "  there  must  have  been 
some  consideration  moving  to  the  United  States ;  or  they  must  have  received  the 
money,  charged  with  a  duty  to  pay  it  over ;  or  the  claimant  must  have  had  a 
lawful  right  to  it  when  it  was  received,  as  in  the  case  of  money  paid  by  mistake." 
(Knote  v.  U.  S.,  95  U.  S.,  149,  156.)  A  contract  to  reimburse  is  implied  when 
the  Government  takes  private  property  for  public  use.  Such  a  taking  of  private 
property  by  the  Government  when  the  emergency  of  the  public  service  in  time 
of  war,  or  impending  public  danger,  is  too  urgent  to  admit  of  delay,  is  every- 
where regarded  as  justified,  if  the  necessity  for  the  use  of  the  property  is 
imperative  and  immediate  and  the  danger,  as  heretofore  described,  is  impend- 
ing ;  and  it  is  equally  clear  that  the  taking  of  such  property,  under  such  circum- 
stances, creates  an  obligation  on  the  part  of  the  Government  to  reimburse  the 
owner  to  the  full  value  of  the  service.  Private  rights,  under  such  extreme  and 
imperious  circumstances,  must  give  way,  for  the  time,  to  the  public  good,  but 
the  Government  must  make  full  restitution  for  the  sacrifice.  (U.  S.  v.  Russell, 
13  Wall.,  623,  629.)  Beneficial  volunteer  service  does  not  raise  an  implied  con- 
tract, unless  there  has  been  an  inducement,  agreement,  or  ratification.  (Boston 
v.  The  District  of  Columbia,  19  Ct.  Cls.,  31.)  The  court  has  jurisdiction  of  a 
suit  by  a  patentee  for  the  royalty  agreed  to  be  paid  for  the  use  of  his  invention 
by  an  authorized  officer  of  the  Government.  (Burns  v.  U.  S.,  12  Wall.,  246.) 

A  contract  is  implied  from  the  fact  that  the  Government  manufactured  a 
patented  military  device,  without  market  value,  on  the  solicitation  of  the  pat- 
entee, that  it  should  pay  for  the  right  to  use  the  invention.  (Palmer  v.  U.  S., 
128  U.  S.,  262.)  The  United  States  may  be  sued  for  use  of  a  patented  invention 
by  its  officers  for  its  benefit  if  the  right  of  the  patentee  is  acknowledged.  (Hoi- 
lister  v.  Benedict  Manufacturing  Co.,  113  U.  S.,  59;  U.  S.  v.  Burns,  12  Wall., 
246.)  When  an  officer  of  the  Government  is  properly  assigned  to  the  work  of 
devising  something  to  be  used  in  the  public  service,  the  Government  meeting 
the  expenses  and  paying  the  officer  his  usual  salary,  the  Government  is  not 
liable  for  royalty  on  the  invention,  though  it  was  made  by  the  officer  previous 
to  the  time  he  was  assigned  to  the  work,  if  the  labor  and  expense  of  perfecting 
it  was  borne  by  the  Government.  (Solomons  v.  U.  S.,  22  Ct.  Cls.,  335;  21  id., 
479.)  The  policy  of  the  War  Department  of  late  years  toward  inventors  has  been 
one  of  neutrality,  neither  denying  nor  admitting  legal  rights,  but  taking  inventions 
to  perfect  the  Government  arms,  leaving  inventors  free  to  seek  redress  without 
prejudice  before  other  tribunals  than  an  Executive  Department.  (Berdan  v. 
U.  S.,  26  Ct.  Cls.,  48,  60.  See  also  Clyde  v.  U.  S.,  13  Wall.,  38 ;  U.  S.  v.  Russell, 
13  Wall.,  623 ;  U.  S.  v.  Bostwick,  94  U.  S.,  53 ;  Fichera's  case,  9  Ct.  Cls.,  254 ; 
Macauley's  case,  11  Ct.  Cls.,  693;  Clark's  case,  11  Ct.  Cls.,  698;  Roman  et  al.  v. 
U.  S.,  11  Ct.  Cls.,  761;  Campbell's  case,  13  Ct.  Cls.,  470.) 

The  right  of  set-off  did  not  exist  at  common  law,  and  is  everywhere  founded 
upon  statutory  regulation.  (Tillou  v.  U.  S.,  1  Ct.  Cls.,  454;  2  id.,  588,  and  U.  S. 
v.  Eckford,  6  Wall.,  484.)  State  laws  in  such  a  case  do  not  constitute  the  rule 
of  decision,  but  the  question  arises,  exclusively,  under  the  act  of  Congress ;  and 
no  local  law  nor  usage  can  have  any  influence  in  its  determination.  (Id.; 
Reeside  v.  Walker,  11  How.,  272,  290.) 

Under  this  provision  relief  has  been  afforded  to  a  paymaster  who  was  attacked 
and  robbed  by  highwaymen.  (Broadhead  v.  U.  S.,  19  Ct.  Cls.,  125.)  To  a  dis- 
bursing officer  for  loss  by  the  failure  of  a  national  bank,  which  was  a  designated 
depository.  (Hobbs  v.  U.  S.,  17  id.,  189.)  To  a  disbursing  officer  for  money 
stolen  from  a  safe.  (Scott  v.  U.  S.,  18  id.,  1;  Clark  v.  U.  S.,  11  id.,  698;  Howell 
v.  U.  S.,  7  id.,  512.)  To  a  quartermaster  for  money  lost  from  his  person,  the 
money  being  carried  in  the  way  such  officers  usually  carry  it  on  similar  occa- 
sions, under  circumstances  utterly  free  from  suspicion  and  after  diligent  efforts 


112  MILITARY   LAWS   OF   THE   UNITED   STATES. 

unliquidated,  or  other  demands  whatsoever  on  the  part  of  the  Gov- 
ernment of  the  United  States  against  any  claimant  against  the  Gov- 
ernment in  said  court.1  Par.  00,  sec.  &4i  id. 

279.  Set-off,  counterclaim,  etc. — Upon  the  trial  of  any  cause  in 
which  any  set-off,  counterclaim,  claim  for  damages,  or  other  demand 
is  set  up  on  the  part  of  the  Government  against  any  person  making 
claim  against  the  Government  in  said  court,  the  court  shall  hear  and 
determine  such  claim  or  demand  both  for  and  against  the  Govern- 
ment and  claimant;  and  if  upon  the  whole  case  it  finds  that  the 
claimant  is  indebted  to  the  Government  it  shall  render  judgment  to 
that  effect,  and  such  judgment  shall  be  final,  with  the  right  of  appeal, 
as  in  other  cases  provided  for  by  law.  Any  transcript  of  such  judg- 
ment, filed  in  the  cleric's  office  of  any  district  court,  shall  be  entered 
upon  the  records  thereof,  and  shall  thereby  become  and  be  a  judg- 

had  been  made  to  recover  the  same.  (Whittlesey  v.  IT.  S.,  5  id.,  452.)  To  a 
quartermaster  for  money  stolen  from  his  room,  due  precaution  for  its  safety 
having  been  taken.  (Malone  v.  U.  S.,  5  id.,  486;  Norton  v.  U.  S.,  2  id.,  523.) 
To  a  paymaster  for  money  contained  in  a  treasure  box  stolen  by  soldiers  at  a 
garrison.  (Glenn  v.  U.  S.,  4  id.,  501.)  To  an  engineer  officer  for  money  captured 
by  the  enemy.  (Prince  v.  U.  S.,  3  id.,  209.)  To  a  paymaster  for  funds  and 
vouchers  captured  by  the  enemy.  (Buggies  v.  U.  S.,  2  id.,  520;  Moore  v.  U.  S., 
id.,  522;  Beckwith  v.  U.  S.,  id.,  526;  Hubbell  v.  U.  S.,  id.,  527.)  To  an  acting 
commissary  of  subsistence  for  money  expended,  the  expenditures  being  covered 
by  vouchers  captured  by  the  enemy.  (Murphy  v.  U.  S.,  3  id.,  212.) 

Relief  has  been  denied  to  a  paymaster  for  money  embezzled  by  a  clerk,  the 
loss  having  been  made  good  by  the  disbursing  officer,  under  pressure,  but  with- 
out protest  on  his  part.  (Hall  v.  U.  S.,  9  Ct.  Cls.,  270.)  In  the  case  of  a  pay- 
master for  funds  stolen  by  an  orderly  detailed  for  messenger  duty  in  his  office. 
(Holman  v.  U.  S.,  11  id.,  642.)  To  a  collector  of  revenue,  for  the  value  of 
revenue  stamps  stolen  from  his  office,  during  his  absence  therefrom,  said  col- 
lector not  being  a  disbursing  officer  within  the  meaning  of  the  statute.  (Stapp 
v.  U.  S.,  4  id.,  219.)  To  an  acting  commissary  of  subsistence  in  Dakota,  for 
money  alleged  to  have  been  stolen,  no  testimony  having  been  offered  in  the  case 
but  his  own.  (Pattee  v.  U.  S.,  3  id.,  397.)  In  a  case  arising  under  this  provision, 
the  petitioner  is  a  competent  witness  to  prove  the  amount  of  money  lost,  if  the 
loss  itself  be  established  by  other  testimony.  (U.  S.  v.  Clark,  96  U.  S.,  37; 
Hobbs  v.  U.  S.,  17  Ct.  Cls.,  189 ;  Scott  v.  U.  S.,  18  id.,  1 ;  Broadhead  v.  U.  S.,  19 
id.,  125;  Hoyle  v.  U.  S.,  21  id.,  300.)  An  acting  commissary  of  subsistence  is 
entitled  to  relief  under  the  provisions  of  this  statute,  and  it  is  not  necessary 
that  the  officer  should  have  given  a  bond  to  entitle  him  to  relief.  (Wood  v. 
U.  S.,  25  id.,  98.)  It  was  held  by  the  Supreme  Court  in  U.  S.  v.  Smith  (14  Ct. 
Cls.,  114,  and  105  U.  S.,  620)  that  the  statute  of  limitation  applied  to  cases  aris- 
ing under  this  section.  (See  also  U.  S.  v.  Clark,  96  U.  S.,  37;  U.  S.  v.  Anderson, 
9  Wall.,  56;  Pugh  v.  U.  S.,  13  Wall.,  633;  U.  S.  v.  Kimball,  13  Wall.,  636;  U.  S.  v. 
Crussell,  14  Wall.,  1;  Slawson  v.  U.  S.,  16  Wall.,  310.) 

*An  act  to  codify,  revise,  and  amend  the  laws  relating  to  the  judiciary  was 
passed  March  3,  1911,  and  took  effect  January  1,  1912.  The  title  of  the  act  is: 
The  Judiciary,  but  it  is  generally  referred  to  as  The  Judicial  Code  of  the 
United  States.  Senate  Document  No.  1141,  Sixty-second  Congress,  third  ses- 
sion, recites  the  act  in  full  and  gives  extensive  modifications  and  remarks  under 
each  section.  The  act  can  best  be  briefly  described  by  naming  the  headings  of 
the  14  chapters.  These  are  as  follows:  District  Courts — organization;  Dis- 
trict Courts — jurisdiction  ;  District  Courts — removal  of  causes ;  District  Courts — 
miscellaneous  provisions;  District  Courts — districts,  and  provisions  applicable 
to  particular  States;  Circuit  Courts  of  Appeals;  The  Court  of  Claims;  The 
Court  of  Customs  Appeals;  The  Commerce  Court;  The  Supreme  Court;  Provi- 
sions common  to  more  than  one  court;  Juries;  General  provisions;  Repealing 
provisions. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  113 

men!  of  such  court  and  be  enforced  as  other  judgments  in  such  court 
are  enforced.     Sec.  11^6,  id. 

280.  Decree  in  case  of  loss  ~by  a  disbursing  officer. — Whenever  the 
Court  of  Claims  ascertains  the  facts  of  any  loss  by  any  paymaster, 
quartermaster,  commissary  of  subsistence,  or  other  disbursing  officer, 
in  the  cases  hereinbefore  provided,  to  have  been  without  fault  or 
negligence  on  the  part  of  such  officer,  it  shall  make  a  decree  setting 
forth  the  amount  thereof,  and  upon  such  decree  the  proper  account- 
ing officers  of  the  Treasury  shall  allow  to  such  officer  the  amount  so 
decreed  as  a  credit  in  the  settlement  of  his  accounts.     Sec.  llfl,  id. 

281.  Restriction  on  cases  which  may  ~be  -filed. — No  person  shall  file 
or  prosecute  in  the  Court  of  Claims,  or  in  the  Supreme  Court  on 
appeal  therefrom,  any  claim  for  or  in  respect  to  which  he  or  any 
assignee  of  his  has  pending  in  any  other  court  any  suit  or  process 
against  any  person  who,  at  the  time  when  the  cause  of  action  alleged 
in  such  suit  or  process  arose,  was,  in  respect  thereto,  acting  or  pro- 
fessing to  act,  mediately  or  immediately,  under  the  authority  of  the 
United  States.     Sec.  154,  id. 

282.  Time  limit  for  fling  claims. — Every  claim  against  the  United 
States  cognizable  by  the  Court  of  Claims,  shall  be  forever  barred  un- 
less the  petition  setting  forth  a  statement  thereof  is  filed  in  the  court, 
or  transmitted  to  it  by  the  Secretary  of  the  Senate  or  the  Clerk  of  the 
House  of  Representatives,  as  provided  by  law,  within  six  years  after 
the  claim  first  accrues :  Provided,  That  the  claims  of  married  women, 
first  accrued  during  marriage,  of  persons  under  the  age  of  twenty- 
one  years,  first  accrued  during  minority,  and  of  idiots,  lunatics,  in- 
sane persons,  and  persons  beyond  the  seas  at  the  time  the  claim 
accrued,  entitled  to  the  claim,  shall  not  be  barred  if  the  petition  be 
filed  in  the  court  or  transmitted,  as  aforesaid,  within  three  years 
after  the  disability  has  ceased;  but  no  other  disability  than  those 
enumerated  shall  prevent  any  claim  from  being  barred,  nor  shall  any 
of  the  said  disabilities  operate  cumulatively.     Sec.  156,  id. 

283.  Form  of  petition. — The  claimant  shall  in  all  cases  fully  set 
forth  in  his  petition  the  claim,  the  action  thereon  in  Congress  or  by 
any  of  the  departments,  if  such  action  has  been  had,  what  persons 
are  owners  thereof  or  interested  therein,  when  and  upon  what  con- 
sideration such  persons  became  so  interested ;  that  no  assignment  or 
transfer  of  said  claim  or  of  any  part  thereof  or  interest  therein  has 
been  made,  except  as  stated  in  the  petition;  that  said  claimant  is 
justly  entitled  to  the  amount  therein  claimed  from  the  United  States 
after  allowing  all  just  credits  and  offsets;  that  the  claimant  and, 
where  the  claim  has  been  assigned,  the  original  and  every  prior  owner 
thereof,  if  a  citizen,  has  at  all  times  borne  true  allegiance  to  the 
Government  of  the  United  States,  and,  whether  a  citizen  or  not,  has 
not  in  any  way  voluntarily  aided,  abetted,  or  given  encouragement 

48985°— 15 8 


114  MILITARY   LAWS   OF    THE   UNITED   STATES. 

to  rebellion  against  the  said  Government,  and  that  he  believes  the 
facts  as  stated  in  the  said  petition  to  be  true.  The  said  petition  shall 
be  verified  by  the  affidavit  of  the  claimant,  his  agent  or  attorney. 
Sec.  159,  id. 

284.  Court  may  call  on  department  for  information. — The  said 
court  shall  have  power  to  call  upon  any  of  the  departments  for  any 
information  or  papers  it  may  deem  necessary,  and  shall  have  the 
use  of  all  recorded  and  printed  reports  made  by  the  committees  of 
each  House  of  Congress,  when  deemed  necessary  in  the  prosecution 
of  its  business.    But  the  head  of  any  department  may  refuse  and  omit 
to  comply  with  any  call  for  information  or  papers  when,  in  his 
opinion,  such  compliance  would  be  injurious  to  the  public  interest. 
Sec.  164,  id. 

285.  Petition  must  show  ground  for  relief. — When  it  appears  to 
the  court  in  any  case  that  the  facts  set  forth  in  the  petition  of  the 
claimant  do  not  furnish  any  ground  for  relief,  it  shall  not  authorize 
the  taking  of  any  testimony  therein.    Sec.  165,  id. 

286.  Costs  of  taking  evidence  for  claimant  to  ~be  paid  ~by  him. — 
When  testimony  is  taken  for  the  claimant,  the  fees  of  the  commis- 
sioner before  whom  it  is  taken,  and  the  cost  of  the  commission  and 
notice,  shall  be  paid  by  such  claimant;  and  when  it  is  taken  at  the 
instance  of  the  Government,  such  fees  shall  be  paid  out  of  the  con- 
tingent fund  provided  for  the  Court  of  Claims,  or  other  appropria- 
tion made  by  Congress  for  that  purpose.     Sec.  171,  id. 

287.  Must  ~be  no  intent  to  defraud  the  United  States. — No  claim 
shall  be  allowed  by  the  accounting  officers  under  the  provisions  of  the 
Act  of  Congress  approved  June  sixteenth,  eighteen  hundred  and 
seventy-four,  or  by  the  Court  of  Claims,  or  by  Congress,  to  any 
person  where  such  claimant,  or  those  under  whom  he  claims,  shall 
willfully,  knowingly,  and  with  intent  to  defraud  the  United  States, 
have  claimed  more  than  was  justly  due  in  respect  of  such  claim,  or 
presented  any  false  evidence  to  Congress,  or  to  any  department  or 
court,  in  support  thereof.    Sec.  173,  id. 

288.  When  court  may  grant  a  new  trial. — The  Court  of  Claims,  at 
any  time  while  any  claim  is  pending  before  it,  or  on  appeal  from  it, 
or  within  two  years  next  after  the  final  disposition  of  such  claim, 
may,  on  motion,  on  behalf  of  the  United  States,  grant  a  new  trial 
and  stay  the  payment  of  any  judgment  therein,  upon  such  evidence, 
cumulative  or  otherwise,  as  shall  satisfy  the  court  that  any  fraud, 
wrong,  or  injustice  in  the  premises  has  been  done  to  the  United 
States;  but  until  an  order  is  made  staying  the  payment  of  a  judg- 
ment, the  same  shall  be  payable  and  paid  as  now  provided  by  law. 
Sec.  175,  id. 

289.  Losing  party  to  pay  cost  of  printing,  etc. — There  shall  be 
taxed  against  the  losing  party  in  each  and  every  cause  pending  in 


MILITARY   LAWS   OF   THE   UNITED   STATES.  115 

the  Court  of  Claims  the  cost  of  printing  the  record  in  such  case, 
which  shall  be  collected,  except  when  the  judgment  is  against  the 
United  States,  by  the  clerk  of  said  court  and  paid  into  the  Treasury 
of  the  United  States.  Sec.  176,  id. 

290.  No  interest  allowed  before  judgment. — No  interest  shall  be 
allowed  on  any  claim  up  to  the  time  of  the  rendition  of  judgment 
thereon  by  the  Court  of  Claims,  unless  upon  a  -contract  expressly 
stipulating  for  the  payment  of  interest.    Sec.  177,  id. 

291.  Payment  under  judgment   to   ~be  full   discharge   to    United 
States. — The  pa}^ment  of  the  amount  due  by  any  judgment  of  the 
Court  of  Claims,  and  of  any  interest  thereon  allowed  by  law,  as  pro- 
vided by  law.  shall  be  a  full  discharge  to  the  United  States  of  all 
claim  and  demand  touching  any  of  the  matters  involved  in  the  con- 
troversy.    Sec.  178,  id. 

292.  Final  judgment  to  bar  further  demand. — Any  final  judgment 
against  the  claimant  on  any  claim  prosecuted  as  provided  in  this 
chapter  shall  forever  bar  any  further  claim  or  demand  against  the 
United  States  arising  out  of  the  matters  involved  in  the  controversy. 
Sec.  179,  id. 

293.  Attorney -General   to    appear   for    the    United   States. — The 
Attorney-General^  or  his  assistants  under  his  direction,  shall  appear 
for  the  defense  and  protection  of  the  interests  of  the  United  States 
in  all  cases  which  may  be  transmitted  to  the  Court  of  .Claims  under 
the  provisions  of  this  chapter,  with  the  same  power  to  interpose 
counter  claims,  offsets,  defenses  for  fraud  practiced  or  attempted  to 
be  practiced  by  claimants,  and  other  defenses,  in  like  manner  as  he 
is  required  to  defend  the  United  States  in  said  court.     Sec.  185,  id. 

294.  Procedure  where  debtor  to  United  States  alleges  no  settle- 
ment within  three  years. — Whenever  any  person  shall  present  his  pe- 
tition to  the  Court  of  Claims  alleging  that  he  is  or  has  been  indebted 
to  the  United  States  as  an  officer  or  agent  thereof,  or  by  virtue  of 
any  contract  therewith,  or  that  he  is  the  guarantor,  or  surety,  or 
personal  representative  of  any  officer  or  agent  or  contractor  so  in- 
debted, or  that  he  or  the  person  for  whom  he  is  such  surety,  guar- 
antor, or  personal  representative  has  held  any  office  or  agency  under 
the  United  States,  or  entered  into  any  contract  therewith,  under 
which  it  may  be  or  has  been  claimed  that  an  indebtedness  to  the 
United  States  had  arisen  and  exists,  and  that  he  or  the  person  he 
represents  has  applied  to  the  proper  department  of  the  Govern- 
ment requesting  that  the  account  of  such  office,  agency,  or  indebted- 
ness may  be  adjusted  and  settled,  and  that  three  years  have  elapsed 
from  the  date  of  such  application,  and  said  account  still  remains 
unsettled  and  unadjusted,  and  that  no  suit  upon  the  same  has  been 
brought  by  the  United  States,  said  court  shall,  due  notice  first  being 
given  to  the  head  of  said  department  and  to  the  Attorney  General 


116  MILITARY  LAWS   OF   THE  UNITED  STATES. 

of  the  United  States,  proceed  to  hear  the  parties  and  to  ascertain 
the  amount,  if  any,  due  the  United  States  on  said  account.  The 
Attorney  General  shall  represent  the  United  States  at  the  hearing 
of  said  cause.  The  court  may  postpone  the  same  from  time  to  time 
whenever  justice  shall  require.  The  judgment  of  said  court  or  of  the 
Supreme  Court  of  the  United  States,  to  which  an  appeal  shall  lie,  as 
in  other  cases,  as  to  the  amount  due,  shall  be  binding  and  conclusive 
upon  the  parties.  The  payment  of  such  amount  so  found  due  by  the 
court  shall  discharge  such  obligation.  An  action  shall  accrue  to  the 
United  States  against  such  principal,  or  surety,  or  representative  to 
recover  the  amount  so  found  due,  which  may  be  brought  at  any  time 
within  three  years  after  the  final  judgment -of  said  court;  and  unless 
suit  shall  be  brought  within  said  time,  such  claim  and  the  claim  on 
the  original  indebtedness  shall  be  forever  barred.  The  provisions  of 
section  one  hundred  and  sixty-six  shall  apply  to  cases  under  this 
section.  Sec.  180,  id. 

295.  Same — Right  of  appeal. — The  plaintiff  or  the  United  States, 
in  any  suit  brought  under  the  provision  of  the  section  last  preceding, 
shall  have  the  same  right  of  appeal  as  is  conferred  under  sections 
two  hundred  and  forty-two  and  two  hundred  and  forty-three;  and 
such  right  shall  be  exercised  only  within  the  time  and  in  the  manner 
therein  prescribed.     Sec.  181,  id. 

(For  Sees.  242  and  243,  see  pars.  296  and  297,  post.) 

296.  Right  of  appeal. — An  appeal  to  the  Supreme  Court  shall  be 
allowed  on  behalf  of  the  United  States,  from  all  judgments  of  the 
Court  of  Claims  adverse  to  the  United  States,  and  on  behalf  of  the 
plaintiff  in  any  case  where  the  Amount  in  controversy  exceeds  three 
thousand  dollars,  or  where  his  claim  is  forfeited  to  the  United  States 
by  the  judgment  of  said  court  as  provided  in  section  one  hundred 
and  seventy-two.    Sec.  24®  >  id. 

297.  Appeal  to  ~be  taken  within  ninety  days. — All  appeals  from 
the  Court  of  Claims  shall  be  taken  within  ninety  days  after  the 
judgment  is  rendered,  and  shall  be  allowed  under  such  regulations 
as  the  Supreme  Court  may  direct.    Sec.  2^3,  id. 

298.  Court  may  allow  costs  in  certain  cases. — If  the  Government  of 
the  United  States  shall  put  in  issue  the  right  of  the  plaintiff  to 
recover,  the  court  may,  in  its  discretion,  allow  costs  to  the  prevailing 
party  from  the  time  of  joining  such  issue.     Such  costs,  however, 
shall  include  only  what  is  actually  incurred  for  witnesses,  and  for 
summoning  the  same,  and  fees  paid  to  the  clerk  of  the  court.    Sec. 
152,  id. 

299.  Patents. — Whenever  an  invention  described  in  and  covered 
by  a  patent  of  the  United  States  shall  hereafter  be  used  by  the  United 
States  without  license  of  the  owner  thereof  or  lawful  right  to  use 


MILITARY   LAWS   OF   THE   UNITED   STATES.  117 

the  same,  such  owner  may  recover  reasonable  compensation  for  such 
use  by  suit  in  the  Court  of  Claims:  Provided,  however,  That  said 
Court  of  Claims  shall  not  entertain  a  suit  or  reward  [award]  com- 
pensation under  the  provisions  of  this  Act  where  the  claim  for  com- 
pensation is  based  on  the  use  by  the  United  States  of  any  article 
heretofore  owned,  leased,  used  by,  or  in  the  possession  of  the  United 
States:  Provided  further,  That  in  any  such  suit  the  United  States 
may  avail  itself  of  any  and  all  defenses,  general  or  special,  which 
might  be  pleaded  by  a  defendant  in  an  action  for  infringement,  as 
set  forth  in  Title  Sixty  of  the  Revised  Statutes,  or  otherwise:  And 
provided  further,  That  the  benefits  of  this  Act  shall  not  inure  to 
any  patentee,  who,  when  he  makes  such  claim  is  in  the  employment 
or  service  of  the  Government  of  the  United  States ;  or  the  assignee 
of  any  such  patentee ;  nor  shall  this  Act  apply  to  any  device  discov- 
ered or  invented  by  such  employee  during  the  time  of  his  employ- 
ment or  service.  Act  of  June  25,  1910  (36  Stat.  851). 

300.  Jurisdiction  over  offenses  committed  on  high  seas. — The  trial 
of  all  offenses  committed  upon  the  high  seas,  or  elsewhere  out  of  the, 
jurisdiction  of  any  particular  State  or  district,  shall  be  in  the  district 
where  the  offender  is  found,  or  into  which  he  is  first  brought.    Sec. 
41,  Act  of  Mar.  3, 1911,  Judicial  Code  (36  Stat.  1100). 

301.  Seizures  on  the  high  seas. — Proceedings  on  seizures  made  on 
the  high  seas,  for  forfeiture  under  any  law  of  the  United  States,  may 
be  prosecuted  in  any  district  into  which  the  property  so  seized  is 
brought  and  proceedings  instituted.     Proceedings  on  such  seizures 
made  within  any  district  shall  be  prosecuted  in  the  district  where 
the  seizure  is  made,  except  in  cases  where  it  is  otherwise  provided. 
Sec.  45,  id. 

302.  Condemnation  of  property  captured  on  high  seas,  etc. — Pro- 
ceedings for  the  condemnation  of  any  property  captured,  whether  on 
the  high  seas  or  elsewhere  out  of  the  limits  of  any  judicial  district, 
or  within  any  district,  on  account  of  its  being  purchased  or  acquired, 
sold  or  given,  with  intent  to  use  or  employ  the  same,  or  to  suffer  it 
to  be  used  or  employed,  in  aiding,  abetting,  or  promoting  any  in- 
surrection against  the  Government  of  the  United  States,  or  know- 
ingly so  used  or  employed  by  the  owner  thereof,  or  with  his  consent, 
may  be  prosecuted  in  any  district  where  the  same  may  be  seized,  or 
into  which  it  may  be  taken  and  proceedings  first  instituted.      Sec. 
46,  id. 

303.  Vessels  entering  closed  port  or  coming  from  State  in  insur- 
rection.— Proceedings  on  seizures  for  forfeiture  of  any  vessel  or  cargo 
entering  any  port  of  entry  which  has  been  closed  by  the  President 
in  pursuance  of  law,  or  of  goods  and  chattels  coming  from  a  State  or 


118  MILITARY  LAWS   OF   THE  UNITED  STATES. 

section  declared  by  proclamation  of  the  President  to  be  in  insurrec- 
tion into  other  parts  of  the  United  States,  or  of  any  vessel  or  vehicle 
conveying  such  property,  or  conveying  persons  to  or  from  such  State 
or  section,  or  of  any  vessel  belonging,  in  whole  or  in  part,  to  any 
inhabitant  of  such  State  or  section,  may  be  prosecuted  in  any  district 
into  which  the  property  so  seized  may  be  taken  and  proceedings  in- 
stituted ;  and  the  district  court  thereof  shall  have  as  full  jurisdiction 
over  such  proceedings  as  if  the  seizure  was  made  in  that  district. 
Sec.  47,  id. 


CHAJPTER 


THE  DEPAKTMENT   OF  THE   NAVY— THE   MAKINE 

CORPS. 

Par. 

Miscellaneous  provisions .t 304^306 

Duties  on  shore 304 

Marine  Corps  subject  to  articles  of  war  when  serving  in  the  Army 305 

Detail  of  naval  officers 306 

304.  Duties  on  shore. — The  Marine  Corps  shall  be  liable  to  do  duty 
in  the  forts  and  garrisons  of  the  United  States,  on  the  seacoast,  or 
any  other  duty  on  shore,  as  the  President,  at  his  discretion,  may 
direct.1    Sec.  1619,  R.  S. 

305.  Marine  Corps  subject  to  Articles  of  War  when  serving  with 
Army. — The  Marine  Corps  shall,  at  all  times,  be  subject  to  the  laws 
and  regulations  established  for  the  government  of  the  Navy,  except 
when  detached  for  service  -with  the  Army  by  order  of  the  President ; 
and  when  so  detached  they  shall  be  subject  to  the  rules  and  articles 
of  war  prescribed  for  the  government  of  the  Arm}'.1    Sec.  1621,  R.  S. 

306.  Detail  of  naval  officers. — The  President  may  detail,  tempo- 
rarily, three  competent  naval  officers  for  the  service  of  the  War  De- 
partment in  the  inspection  of  transport  vessels,  and  for  such  other 
services  as  may  be  designated  by  the  Secretary  of  War.    Sec.  1437<> 
R.  S. 

1  See  A.  W.  122. 

1  See  A.  W.  78 ;  28  Op.  Att.  Gen.,  15 ;  published  in  Circular  66,  War  Dept, 
1909 ;  G.  O.  No.  7  War  Dept.,  1909 ;  G.  O.  No.  161,  War  Dept.,  1909. 

119 


CKLAJPTER  IX. 


THE  EE VISED  STATUTES1— THE  STATUTES  AT  LARGE— 
THE  ARMY  REGULATIONS— THE  ARMY  REGISTER. 


Par. 

Revised  Statutes 307-318 

Commissioners  to  revise  and  con- 
solidate the  general  statutes  of 

the  United  States 307 

First  edition,  1874 308 

Printed  copies — Evidence 310 

Title  of  revision 311 

Certificate  to  revised  statutes ...  312 

Scope  of  revised  statutes 313 

Repeal  of  acts  embraced  in  re- 
vision    314 

Accrued  rights  reserved 315 

Prosecutions  and  punishments . .  315 

Acts  of  limitation 315 

Arrangement  and  classification . .  316 
Acts  passed  since  December  1, 

1873,  not  affected 317 

Second   edition    (1878)  — Evi- 
dence . .  .318 


307.  Commissioners  to  revise  and  consolidate  the  General  Statutes 
of  the  United  States. — The  President  of  the  United  States  is  hereby 

JThe  Revised  Statutes  must  be  accepted  as  the  law  on  the  subjects  which 
they  embrace  as  it  existed  on  the  1st  day  of  December,  1873,  and  were  enacted 
to  present  the  entire  body  of  the  laws  in  a  concise  and  compact  form.  When 
the  language  of  the  Revised  Statutes  is  plain  and  unambiguous,  the  grammati- 
cal structure  simple  and  accurate,  and  the  meaning  of  the  whole  intelligible 
and  obvious,  a  court  is  not  at  liberty,  by  construction,  to  reproduce  the  law  as 
it  stood  before  the  revision.  (U.  S.  v.  Bowen,  100  U.  S.,  508.  See  also  Wright 
v.  U.  S.,  15  Ct.  Cls.,  80,  86;  U.  S.  v.  No.  Am.  Com.  Co.,  74  Fed.  Rep.,  145.) 

121 


Par. 

Supplement   to   the   Revised    Stat- 
utes    319-320 

Supplement     to     the     Revised 

Statutes 319 

To  be  prima  facie  evidence 320 

Statutes  at  Large 321-323 

Pamphlet  and   bound   copies — 

Evidence 321 

Publication    and     distribution, 

pamphlet  edition 322 

Preservation  of  Statutes  at  Large .  323 

Army  regulations 

President    authorized    to    make 

and  publish 324 

Schedule  of  pay  to  appear 325 

Lineal  rank..  .  326 


122  MILITAEY  LAWS  OF   THE  UNITED   STATES. 

authorized,  by  and  with  the  advice  and  consent  of  the  Senate,  to 
appoint  three  persons,  learned  in  the  law,  as  commissioners,  to  re- 
vise, simplify,  arrange,  and  consolidate  all  statutes  of  the  United 
States,  general  and  permanent  in  their  nature,  which  shall  be  in  force 
at  the  time  such  commissioners  may  make  the  final  report  of  their 
doings.  Sec.  1,  Act  of  June  27, 1866  (14  Stat.  74). 

308.  First  edition,  1874. — That  the  Secretary  of  State  is  hereby 
charged  with  the  duty  of  causing  to  be  prepared  for  printing,  pub- 
lication, and  distribution  the  Eevised  Statutes  of  the  United  States 
enacted  at  this  present  session  of  Congress ;  that  he  shall  cause  to  be 
completed  the  headnotes  of  the  several  titles  and  chapters  and  the 
marginal  notes  referring  to  the  statutes  from  which  each  section 
was  compiled  and  repealed  by  said  revision;  and  references  to  the 
decisions  of  the  courts  of  the  United  States  explaining  or  expound- 
ing the  same,  and  such  decisions  of  State  courts  as  he  may  deem 
expedient,  with  a  full  and  complete  index  to  the  same.1  Sec.  8,  Act 
of  June  %0, 1874  (18  Stat.  113) . 

310.  Printed  copies — Evidence. — When   the  same  shall  be   com- 
pleted, the  said  Secretary  shall  duly  certify  the  same  under  the  seal 
of  the  United  States,  and  when  printed  and  promulgated  as  herein- 
after provided,  the  printed  volumes  shall  be  legal  evidence  of  the 
laws  and  treaties  therein  contained,  in  all  the  courts  of  the  United 
States,  and  of  the  several  States  and  Territories.2    Id. 

311.  Title  of  revision  of  statutes. — That  the  revision  of  the  statutes 
of  a  general  and  permanent  nature,  with  the  index  thereto,  shall  be 
printed  in  one  volume,  and  shall  be  entitled  and  labeled  "Revised 

1  The  Revised  Statutes  were  prepared  by  commissioners  appointed  under  acts 
of  Congress  approved  June  27,  1866  (14  Stat.  74),  and  May  4,  1870  (16  Stat. 
96),  the  latter  act  providing  that  the  work  and  revision  should  be  completed 
within  three  years  from  the  date  of  its  passage.     The  act  of  March  3,  1873 
(17  Stat.  579),  authorized  the  appointment  of  a  joint  committee  of  Congress 
to  accept  the  draft  of  the  revision  of  laws,  so  far  as  the  same  was  completed 
at  the  expiration  of  the  time  designated  for  that  purpose.     (May  4,  1873.)     The 
same  statute  authorized  the  existing  joint  committee  to  contract  with  some  suit- 
able person  or  persons  to  prepare  a  revision  of  the  statutes,  already  reported  by 
the  commissioners,  in  the  form  of  a  bill  to  be  presented  at  the  opening  of  the 
Forty-third   Congress.     The   publication   of   the   first   edition   of   the   Revised 
Statutes  was  authorized  by  the  act  of  June  20,  1874.     (18  Stat.  113.) 

2  The  first  edition  of  the  Revised  Statutes  is  a  transcript  of  the  original  act 
in  the  State  Department,  which  became  a  law  June  22,  1874,  and  is  prima  facie 
evidence  of  the  law,  but  the  original  is  the  only  conclusive  evidence  of  the  exact 
text  of  the  law.     (Wright  v.  U.  S.,  15  Ct.  Cls.,  80,  87.)     The  Revised  Statutes 
must  be  accepted  as  the  law  on  the  subjects  which  they  embrace  as  it  existed 
on  the  1st  day  of  December,  1873,  and  were  enacted  to  present  the  entire  body 
of  the  laws  in  a  concise  and  compact  form.     The  incorporation  of  a  particular 
statutory  provision  into  the  revision  was  a  legislative  declaration  that  the  law 
on  that  subject  was  as  therein  provided ;  and  in  the  absence  of  any  obscurity  in 
the  -meaning  the  court  can  not  look  to  the  preexisting  statutes  to  see  whether 
or  not  they  were  correctly  incorporated.     (U.   S.  v.  Bowen,  100  U.   S.,  508; 
Bates  Refrigerating  Co.  v.  Sulzberger,  157  U.  S.,  1 ;  Wright  v.  U.  S.,  15  Ct.  Cls., 
80,  86;  U.  S.  v.  North  American  Commercial  Co.,  74  Fed.  Rep.,  145.)     As  to  the 
effect  of  amendments  to  the  Revised  Statutes,  see  U.  S.  v.  Jessup  (15  Fed.  Rep., 
790). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  123 

Statutes  of  the  United  States ; "  and  the  revision  of  the  statutes  re- 
lating to  the  District  of  Columbia;  to  post-roads,  and  the  public 
treaties  in  force  on  the  first  day  of  December,  one  thousand  eight 
hundred  and  seventy-three,  with  a  suitable  index  to  each,  shall  be 
published  in  a  separate  volume,  and  entitled  and  labeled  "Revised 
Statutes  relating  to  District  of  Columbia  and  Post-Roads.  Public 
Treaties."  Sec.  3,  id. 

3L2.  Certificate  to  Revised  Statutes. — That  the  certificate  to  the 
printed  volume  of  the  Revised  Statutes  of  the  United  States  required 
by  section  two  of  "An  act  providing  for  publication  of  the  revised 
statutes  and  laws  of  the  United  States,"  approved  June  twentieth, 
eighteen  hundred  and  seventy-four,  shall  be  made  by  the  Secretary 
of  State  under  the  seal  of  the  Department  of  State,  and  so  much  of 
said  section  as  provides  that  such  certificate  shall  be  under  the  seal 
of  the  United  States,  is  hereby  repealed.  Act  of  De-c.  28,  1874  (18 
Stat.  293}. 

313.  Scope    of   Revised   Statutes. — The    foregoing    seventy-three 
titles  embrace  the  statutes  of  the  United  States  general  and  per- 
manent in  their  nature,  in  force  on  the  first  day  of  December,  one 
thousand  eight  hundred  and  seventy-three,  as  revised  and  consoli- 
dated by  commissioners  appointed  under  an  act  of  Congress,  and  the 
same  shall  be  designated  and  cited,  as  The  Revised  Statutes  of  the 
United  States.    Sec.  5595,  R.  S. 

314.  Repeal  of  acts  embraced  in  revision. — All  acts  of  Congress 
passed  prior  to  said  first  day  of  December,  one  thousand  eight  hun- 
dred and  seventy-three,  any  portion  of  which  is  embraced  in  any 
section  of  said  revision,  are  hereby  repealed,  and  the  section  appli- 
cable thereto  shall  be  in  force  in  lieu  thereof;  all  parts  of  such  acts 
not  contained  in  such  revision  having  been  repealed  or  superseded  by 
subsequent  acts,  or  not  being  general  and  permanent  in  their  nature: 
Provided,  That  the  incorporation  into  said  revision  of  any  general 
and  permanent  provision,  taken  from  an  act  making  appropriations, 
or  from  an  act  containing  other  provisions  of  a  private,  local,  or 
temporary  character,  shall  not  repeal,  or  in  any  way  affect  any  appro- 
priation, or  any  provision  of  a  private,  local,  or  temporary  char- 
acter, contained  in  any  of  said  acts,  but  the  same  shall  remain  in 
force;  and  all  acts  of  Congress  passed  prior  to  said  last-named  day, 
no  part  of  which  are  embraced  in  said  revision,  shall  not  be  affected 
or  changed  by  its  enactment.1    Sec.  5596,  R.  S. 

315.  Accrued  rights  reserved. — The  repeal  of  the  several  acts  em- 
braced in  said  revision  shall  not  affect  any  act  done,  or  any  right 

1  Sections  5597,  5598,  and  5599,  Revised  Statutes,  provide  that  the  repeal  shall 
not  affect  rights  acquired,  suits  commenced,  offenses  committed,  or  acts  of 
limitation,  but  that  "  all  suits,  proceedings,  or  prosecutions,  whether  civil  or 
criminal,  for  causes  arising  or  acts  done  or  committed  prior  to  said  repeal  may 
be  commenced  and  prosecuted  within  the  same  time  as  if  said  repeal  had  not 
been  made." 


124  MILITARY  LAWS   OF   THE   UNITED   STATES. 

accruing  or  accrued,  or  any  suit  or  proceeding  had  or  commenced  in 
any  civil  cause  before  the  said  repeal,  but  all  rights  and  liabilities 
under  said  acts  shall  continue,  and  may  be  enforced  in  the  same 
manner,  as  if  said  repeal  had  not  been  made;  nor  shall  said  repeal 
in  any  manner  affect  the  right  to  any  office,  or  change  the  term  or 
tenure  thereof.  Sec.  5597,  R.  S. 

316.  Arrangement  and  classification. — The  arrangement  and  classi- 
fication of  the  several  sections  of  the  revision  have  been  made  for  the 
purpose  of  a  more  convenient  and  orderly  arrangement  of  the  same, 
and  therefore  no  inference  or  presumption  of  a  legislative  construc- 
tion is  to  be  drawn  by  reason  of  the  title  under  which  any  particular 
section  is  placed.    Sec.  5600,  R.  S. 

317.  Acts  passed  since  December  1, 1873,  not  affected. — The  enact- 
ment of  the  said  revision  is  not  to  affect  or  repeal  any  act  of  Congress 
passed  since  the  1st  day  of  December,  one  thousand  eight  hundred 
and  seventy-three,  and  all  acts  passed  since  that  date  are  to  have  full 
effect  as  if  passed  after  the  enactment  of  this  revision,  and  so  far  as 
such  acts  vary  from  or  conflict  with  any  provision  contained  in  said 
revision,  they  are  to  have  effect  as  subsequent  statutes,  and  as  repeal- 
ing any  portion  of  the  revision  inconsistent  therewith.     Sec.  5601, 
R.S. 

318.  Second  edition    (1878) — Evidence. — That   said   new   edition 
shall  be  completed  in  manuscript  by  said  commissioner  by  the  first 
day  of  January,  anno  Domini  eighteen  hundred  and  seventy-eight, 
and  by  him  presented  to  the  Secretary  of  State  for  his  examination 
and  approval,  who  is  hereby  required  to  examine  and  compare  the 
same,  as  amended,  with  all  the  amendatory  acts,  and,  within  two 
months  after  having  been  submitted  to  him,  and  when  the  same  shall 
be  completed,  the  said  Secretary  shall  duly  certify  the  same  under 
the  seal  of  the  Secretary  of  State,  and  when  printed  and  promulgated 
as  herein  provided  the  printed  volume  shall  be  legal  evidence  of  the 
laws  therein  contained,  in  all  the  courts  of  the  United  States,  and 
of  the  several  States  and  Territories,  but  shall  not  preclude  refer- 
ence to  nor  control,  in  any  case  of  discrepancy,  the  effect  of  any 
original  act  as  passed  by  Congress  since  the  first  day  of  December, 
eighteen  hundred  and  seventy-three,  and  said  Secretary  shall  cause 
fifteen  thousand  copies  of  the  same  to  be  printed  and  bound  at  the 
Government  Printing  Office,  under   the  supervision  of  said   com- 
missioner, at  the  expense  of  the  United  States,  and  without  unneces- 
sary delay.1    Sec.  4,  Act  of  Mar.  2,  1877  (19  Stat.  269),  as  amended 
~by  Act  of  Mar.  9, 1878  (W  Stat.  27). 

1  The  second  edition  of  the  Revised  Statutes  was  prepared  by  the  Hon.  George 
S.  Boutwell,  who  was  appointed  commissioner  under  authority  of  the  act  of 
March  2,  1877  (19  Stat  268).  It  is  only  a  new  publication;  a  compilation,  con- 
taining the  original  law,  with  specific  amendments  incorporated  therein  accord- 
ing to  the  judgment  of  the  editor.  (Wright  v.  U.  S.,  15  Ct.  Cls.,  80.)  It  did 
not  affect  statutes  passed  between  December  1,  1873,  and  June  22,  1874. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  125 

THE  SUPPLEMENTS  TO  THE  REVISED  STATUTES. 

319.  Supplement  of  1891. — That  the  publication  of  the  Supplement 
to  the  Revised  Statutes,  embracing  the  statutes  general  and  perma- 
nent in  their  nature,  passed  after  the  Revised  Statutes,  with  refer- 
ences connecting  provisions  on  the  same  subject,  explanatory  notes, 
and  citations  of  judicial  decisions,  be  continued  and  issued  in  one 
volume,  to  include  the  general  laws  of  the  Forty-seventh,  Forty- 
eighth,  Forty-ninth,  Fiftieth,  and  Fifty-first  Congresses,  with  a  table 
of  alterations  and  a  general  index  to  the  whole,  to  be  prepared  and 
edited  by  the  editor  of  the  existing  Supplement,  authorized  by  the 
joint  resolution  of  June  twenty-eighth,  eighteen  hundred  and  eighty, 
numbered  forty- four   (Supplement  to  Revised  Statutes,  page  five 
hundred  and  eighty-two) ,  to  be  stereotyped  at  the  Government  Print- 
ing Office,  using  the  present  plates,  as  far  as  practicable,  with  such 
alterations  as  may  be  found  necessary,  the  work  and  plates  and  all 
right  and  title  therein  and  thereto  to  be  in  and  fully  belong  to  the 
Government  for  its  exclusive  use  and  benefit.     Sec.  1,  Act- of  Apr.  9, 
1890  (26  Stat.  50). 

320.  Same — Prima  facie  evidence. — That  the  publication  herein 
authorized  shall  be  taken  to  be  prima  facie  evidence  of  the  laws 
therein  contained,  but  shall  not  change  nor  alter  any  existing  law, 
nor  preclude  reference  to  nor  control,  in  case  of  any  discrepancy, 
the  effect  of  any  original  act  passed  by  Congress.1    Sec.  3,  id. 

THE  STATUTES  AT  LARGE. 

321.  Pamphlet  and  bound  copies,  evidence. — The  pamphlet  copies 
of  the  statutes  and  the  bound  copies  of  the  acts  of  each  Congress  shall 
be  legal  evidence  of  the  laws  and  treaties  therein  contained  in  all  the 
courts  of  the  United  States  and  of  the  several  States  therein.    The 
said  pamphlet  and  the  Statutes  at  Large  shall  contain  all  laws,  joint 
and  concurrent  resolutions  passed  by  Congress,  and  also  all  conven- 
tions, treaties,  proclamations,  and  agreements.    Sec.  73,  Act  of  Jan. 
12,1895  (28  Stat.  615). 

1  The  volume  published  in  conformity  to  the  authority  conferred  by  this 
statute  was  published  in  1891,  and  is  entitled  "  Vol.  1,  Supplement  to  the  Re- 
vised Statutes  of  the  United  States.  Second  edition.  1874-1891 ;  "  and  super- 
sedes the  volume  published  under  authority  of  Joint  Resolution  No.  44  of  June 
7,  1880  (21  Stat.  308).  Under  authority  of  act  of  February  27,  1893  (27  Stat. 
477),  the  publication  of  the  supplement  was  continued — part  of  a  second  volume 
being  issued  in  1895,  containing  general  legislation  of  the  Fifty-second  and  Fifty- 
third  Congresses,  between  January  22,  1892,  and  March  2,  1895.  Later  numbers 
were  issued  at  the  end  of  each  session  as  required  by  act  of  June  4,  1897  (30 
Stat.  30),  to  include  the  general  legislation  of  the  Fifty-sixth  Congress.  Volume 
2,  therefore,  comprises  the  general  legislation  of  the  Fifty-second  to  the  Fifty- 
sixth  Congresses,  January  22,  1892,  to  March  3,  1901.  Since  then  the  publica- 
tion has  been  discontinued,  it  is  understood,  because  of  the  steps  taken  toward 
the  preparation  of  a  new  revision  of  the  statutes  of  the  United  States  authorized 
by  act  of  March  3,  1901  (31  Stat.  1181). 


126 


MILITARY   LAWS   OF    THE   UNITED   STATES. 


322.  Publication  and  distribution,  pamphlet  edition. — At  the  end 
of  each  session  of  Congress  a  pamphlet  edition  of  the  permanent  and 
general  legislation  of  the  session,  with  notes,   references,  and  an 
index,  substantially  on  the  plan  of  the  existing  Supplement,  shall  be 
stereotyped  and  printed  at  the  Government  Printing  Office;    the 
plates  and  all  rights  thereto  to  be  the  property  of  the  United  States. 
That  the  number  of  copies *  of  said  pamphlet  and  the  distribution  and 
sale  thereof  shall  be  the  same  as  provided  for  the  printing,  distribu- 
tion, and  sale  of  said  Supplement  by  the  act  of  April  ninth,  eighteen 
hundred  and  ninety.    Sees.  3  and  £  Act  of  Feb.  27,  1893  (27  Stat, 
478). 

323.  Preservation  of  statutes  at  large. — The  various  officers  of  the 
United  States  to  whom,  in  virtue  of  their  offices  and  for  the  uses 
thereof,  copies  of  the  United  States  Statutes  at  Large,  published  by 
Little,  Brown  and  Company,  have  been  or  may  be  distributed  at 
the  public  expense,  by  authority  of  law,  shall  preserve  such  copies, 
and  deliver  them  to  their  successors  respectively  as  a  part  of  the 
property  appertaining  to  the  office.     A  printed  copy  of  this  section 
shall  be  inserted  in  each  volume  of  the  Statutes  distributed  to  any 
such  officers.2    Sec.  1777,  R.  S. 

ARMY   REGULATIONS. 

324.  Army  regulations — President  authorized  to  make  and  pub- 
lish.— That  so  much  of  the  act  approved  July  15,  18TO,  entitled  "An 

*By  act  of  Jan.  12,  1895   (28  Stat,  614),  200  copies  were  required  to  be 
furnished  to  the  War  Department. 

2  Table  showing  the  period  covered  by  each  of  the  thirty-seven  volumes  of  the 

Statutes  at  Large. 


Stat. 

Period. 

Stat. 

Period. 

From— 

To— 

From— 

To— 

Vol     1 

Mar.     4.  1789 
Dec.     2,  1799 
May   29.1813 
Dec.     1,1823 
Dec.     7,  1835 
Mar.     4,  1789 

Mar.     3.  1799 
Mar.     3,  1813 
Mar.     3,  1823 
Mar.     3,  1835 
Mar.     3,  1845 
Mar.     3,1845 

Vol.  20 

Oct.    16,1877 
Mar.   18,1879 
Dec.     5,  1881 
Dec.     3,  1883 
Dec.     7,  1885 
Dec.     5,  1887 
Dec.     2,  1889 
Dec.     7,  1891 
Aug.     7,  1893 
Dec.     2,  1895 
Mar.    15,1897 
Dec.     4,  1899 
Dec.     2,  1901 
Dec.     7,  1903 
Dec.     4,  1905 
De-.     2,  1907 
Ma\    15,1909 
Apr.      4,1911 

Mar.     4,  1879 
Mar.     4,1881 
Mar.     3,  1883 
Mar.     3,  1885 
Mar.     3.1887 
Mar.     2,  1889 
Mar.     3,1891 
Mar.     3,  1893 
Mar.     3,1895 
Mar.     3.  1897 
Mar.     3,  1899 
Mar.     3,  1901 
Mar.     3,  1903 
Mar.     3,  1905 
Mar.     4,  1907 
Mar.     4,  1903 
Mar.     4,1911 
Mar.     4,  1913 

2 

21  

3 

22 

4     

23... 

5 

24     . 

6<J  

25... 

75 

26 

8c 

27 

9  

Dec.     1,1845 
Dec.     1,1851 
Dec.     3,  1855 
Dec.     5,  1859 
Dec.     7,  1863 
Dec.     4,  1865 
Mar.     4,  1867 
Mar.     4.  1869 
Mar.     4,  1871 
Dec.     1,1873 
Dec.     6,  1875 

Mar.     3,  1851 
Mar.     3,  1855 
Mar.     3,  1859 
Mar.     4,  1863 
Mar.     4,  1865 
Mar.     4,  1867 
Mar.     4.  1869 
Mar.     4,  1871 
Mar.     4,1873 
Mar.     4,1875 
Mar.     3,  1877 

28  

10                 .   . 

29 

11 

30 

12  

31  . 

13 

32 

14  

33  

15          

34 

16 

35 

17 

36 

18  

37  

19 

a  Private  laws. 

6  Indian  treaties. 

c  European  treaties,  with  general  index  to  vols.  1-8,  inclusive,  Statutes. 


MILITARY   LAWS   OF    THE   UNITED   STATES.  127 

act  making  appropriations  for  the  support  of  the  Army  for  the  year 
ending  June  30,  1871,  and  for  other  purposes  "  as  requires  the  system 
of  General  Regulations  for  the  Army  therein  authorized  to  be  re- 
ported to  Congress  at  its  next  session,  and  approved  by  that  body  be, 
and  the  same  is  hereby,  repealed;  and  the  President  is  hereby  au- 
ported  to  Congress  at  its  next  session,  and  approved  by  that  body  be, 
thorized,  under  said  section,  to  make  and  publish  regulations  for  the 
government  of  the  Army  in  accordance  with  existing  laws.1  Act  of 
Mar.  1, 1875  (18  Stat.  337}. 

1  Section  37  of  the  act  of  July  28,  1866  (14  Stat.  337),  contained  the  following 
requirement :  "  The  Secretary  be,  and  he  is  hereby,  directed  to  have  prepared 
and  to  report  to  Congress,  at  its  next  session,  a  code  of  regulations  for  the  gov- 
ernment of  the  Army,  and  of  the  militia  in  actual  service,  which  shall  embrace 
all  necessary  orders  and  forms  of  a  general  character  for  the  performance 
of  all  duties  incumbent  on  officers  and^men  in  the  military  service,  including 
rules  for  the  government  of  courts-martial,  the  existing  regulations  to  remain 
in  force  until  Congress  shall  have  acted  on  said  report"  No  code  of  regula- 
tions was  submitted  to  Congress  in  conformity  to  the  terms  of  this  statute,  and  it 
was  subsequently  held  by  the  Attorney-General  of  the  United  States,  in  an  opinion 
rendered  in  the  case  of  Contract-Surgeon  Bayne  (XVII  Opin.  Att.  Gen.,  461), 
that  the  above  section,  if  not  repealed  by  the  general  repealing  clause  of  the 
Revised  Statutes  (section  5596),  was  superseded  by  the  act  of  March  1,  1875 
(18  Stat.  337),  (a)  which  in  effect  conferred  authority  to  modify  existing 
Army  Regulations  as  well  as  to  create  new  ones.  It  was  also  held  by  the  same 
officer  that  the  code  of  regulations  prepared  in  conformity  to  the  authority 
conferred  by  section  2  of  the  act  of  June  23,  1879,  (&)  which  was  approved 
and  published  to  the  Army  on  February  17,  1881  (Army  Regulations  of  1881), 
superseded  the  code  of  Army  Regulations  of  1863  (XVII  Opin.  Att.  Gen.,  461). 
(See,  also,  U.  S.  v.  Eaton,  144  U.  S.,  617,  688;  Caha  v.  U.  S.,  152  U.  S.,  212, 
219;  Morrison  v.  TJ.  S.,  13  Ct.  Cls.,  1-6;  Smith  v.  U.  S.,  23  id.,  452;  Low  v.  Har- 
rison, 72  Maine,  104.) 

The  codification  of  the  "  Regulations  of  the  Army  and  General  Orders," 
prepared  in  conformity  to  section  2  of  the  act  of  June  23,  1879  (21  Stat.,  34), 
which  was  approved  and  promulgated  to  the  Army  on  February  17,  1881 
(Army  Regulations  of  1881),  superseded  the  body  of  regulations  similarly  pro- 
mulgated in  1863.  (XVII  Opin.  Att.  Gen.,  461.) 

The  Army  Regulations  derive  their  force  from  the  power  of  the  President 
as  Commander  in  Chief,  and  are  binding  upon  all  within  the  sphere  of  his 
legal  and  constitutional  authority.  (Kurtz  v.  Moffatt,  115  U.  S.,  487,  503; 
U.  S.  v.  Eliason,  16  Pet.,  291;  U.  S.  v.  Freeman,  3  How.,  556.)  The  power  of 
the  Executive  to  establish  rules  and  regulations  for  the  government  of  the 
Army  is  undoubted.  The  power  to  establish  implies,  necessarily,  the  power 
to  modify  or  repeal,  or  to  create  anew.  The  Secretary  of  War  is  the  regular, 
constitutional  organ  of  the  President  for  the  administration  of  the  military 
establishment  of  the  Nation,  and  orders  publicly  promulgated  through  him 
must  be  received  as  the  act  of  the  Executive  and,  as  such,  be  binding  upon  all 
within  the  sphere  of  his  legal  or  constitutional  authority.  Such  regulations 
can  not  be  questioned  or  defied  because  they  may  be  thought  unwise  or 
mistaken.  (U.  S.  v.  Eliason,  16  Pet,  291,  302.) 

The  term  regulations  of  an  Executive  Department  describes  rules  and  regula- 
tions relating  to  subjects  on  which  a  department  aets,  which  are  made  by  the 
head  under  an  act  of  Congress  conferring  that  power,  and  thereby  giving  to 
such  regulations  the  force  of  law.  A  mere  order  of  the  President  or  of  a  Secre- 
tary is  not  a  regulation.  (Harvey  v.  U.  S.,  3  Ct  Cls.,  38,  42  ;  Dig.  Opin.  J.  A.  G  , 
par.  494,  and  note  1;  IV  Comp.  Dec.,  225.)  A  "regulation"  affects  a  class  of 
officers;  an  "instruction"  is  a  direction  to  govern  the  conduct  of  the  particular 
officer  to  whom  it  is  addressed.  (Landram  v.  U.  S.,  16  Ct.  Cls.,  74.)  The  Army 
Regulations  when  sanctioned  by  the  President  have  the  force  of  law,  because  it 
is  done  by  him  by  the  authority  of  law.  (U.  S.  v.  Freeman,  3  How.,  550; 
Gratiot  v.  U.  S.,  4  How.,  80;  Ex  parte  Reed,  100  U.  S.,  13;  Smith  v.  U.  S.,  23 
Ct  Cls.,  452.)  When  Congress  permits  regulations  to  be  formulated  and  pub- 


128  MILITARY   LAWS   OF   THE   UNITED   STATES. 

325.  Schedule  of  pay  to  appear. — That  there  be  annexed  annually 
hereafter  to  the  Army  Register  an  accurate  schedule  of  the  pay  and 
emoluments,   with   the   commutation   value   thereof,   to   which   the 
various  officers  of  the  Army  of  each  grade  are  entitled.     House  reso- 
lution, Aug.  30,  1842. 

326.  Lineal  rank,  etc. — In  every  Official  Army  Register  hereafter 
issued  the  lineal  rank  of  all  officers  of  the  line  of  the  Army  shall 
be  given  separately  for  the  different  arms  of  the  service;  and  if  the 
officer  be  promoted  from  the  ranks,  or  shall  have  served  in  the  Volun- 
teer Army,  either  as  an  enlisted  man  or  officer,  his  service  as  a 
private  and  noncommissioned  officer  shall  be  given,  and  in  addition 
thereto  the  record  of  his  service  as  volunteer.    Sec.  2,  Act  of  June  18 ', 
1878  (W  Stat.  149). 

HISTORICAL  NOTE. 

The  first  volume  of  Army  Regulations,  using  that  term  in  the  sense  in  which 
it  is  now  understood,  was  issued  to  the  Army  on  May  1,  1813,  under  the  au- 
thority conferred  by  the  act  of  March  3  of  that  year. 

From  March  29,  1779,  until  May  1,  1813,  the  "  Regulations  for  the  Order  and 
Discipline  of  the  Troops  of  the  United  States  "  were  in  force.  They  were  pre- 
pared by  Major  General  Baron  Steuben,  the  Inspector  General  of  the  Army  dur- 
ing the  latter  part  of  the  War  of  the  Revolution,  and  consisted  in  great  part 
of  matter  which  would  now  be  properly  termed  drill  regulations.  The  work 
was  first  printed  at  Worcester,  Mass.,  in  1778,  and  was  formally  approved  and 

lished  and  carried  into  effect  from  year  to  year,  the  legislative  ratification  must 
be  implied.  (Maddox  v.  U.  S.,  20  Ct.  Cls.,  193,  198.) 

The  authority  of  the  head  of  an  Executive  Department  to  issue  orders,  regu- 
lations, and  instructions,  with  the  approval  of  the  President,  is  subject  to  the 
condition,  necessarily  implied,  that  they  must  be  consistent  with  the  statutes 
which  have  been  enacted  by  Congress.  (U.  S.  v.  Symonds,  120  U.  S.,  46,  49; 
U.  S.  v.  Bishop,  idem.,  51;  Dig.  Opin.  J.  A.  G.,  par.  494,  note  2;  par.  6,  p.  168.) 
Regulations  can  have  no  retroactive  effect.  (U.  S.  v.  Davis,  132  U.  S.,  334.) 
Provision  of  statute  exists  by  which  the  statute  regulations  of  the  Army  may, 
within  certain  limits,  be  altered  by  the  Secretary  of  War,  but  there  is  no  such 
provision  in  regard  to  the  statute  regulations  of  the  Navy.  (VI  Opin.  Att.  Gen., 
10;  8  id.,  337.)  The  same  discrepancy  exists  in  the  military  law  of  Great 
Britain.  (Id.) 

Regulations  prescribed  and  framed  by  the  Secretary  of  War  and  which  are  in- 
tended for  the  direction  and  government  of  the  officers  of  the  Army  and  agents 
of  the  department  do  not  bind  the  Commander  in  Chief  nor  the  head  of  the 
War  Department.  (Burns  v.  U.  S.,  12  Wall.,  246;  Smith  v.  U.  S.,  24  Ct.  Cls., 
209,  215.  But  see  Arthur  v.  U.  S.,  16  Ct.  Cls.,  422,  and  U.  S.  v.  Barrows,  1  Abb , 
351.) 

Regulations  which  heads  of  departments  are  expressly  authorized  to  make  in 
which  the  public  is  interested,  become  a  part  of  that  body  of  public  records  of 
which  the  courts  take  judicial  notice.  (Caha  v.  U.  S.,  152  U.  S.,  211.) 

The  purpose  of  a  regulation  is  to  carry  into  effect  the  law ;  but  where  rights, 
duties,  and  obligations  are  defined  by  statute,  they  can  not  be  taken  away  or 
abridged  by  regulations.  (Laurey  v.  U.  S.,  32  Ct.  Cls.,  259;  U.  S.  v.  Garliuger, 
169  U.  S.,  316.) 

While  regulations  duly  promulgated  have  the  force  of  law  in  a  limited  sense, 
they  can  not  enlarge  or  restrict  the  liability  of  the  officer  on  his  bond.  (Meads 
v.  U.  S.,  81  Fed.  Rep.,  684.) 

Amendment  and  waiver  of  regulations. — Regulations  made  by  the  head  of  a 
department  may  be  amended  c*  waived  in  their  application  to  particular  cases. 
(Ill  Comp.  Dec.,  305;  IV  id.,  40;  I  id.,  326.)  There  must  be  a  specific  waiver, 
however,  and  in  the  absence  of  such  specific  waiver  the  regulation  as  it  stands 
will  be  applied  by  the  accounting  officers  in  the  settlement  of  accounts.  (Ill 
id.,  304;  IV  id.,  40.) 


MILITARY  LAWS  OF   THE  UNITED  STATES.  129 

adopted  by  Congress  on  March  29,  1779.  The  last  edition  of  the  Steuben  regu- 
lations appeared  in  1809,  and  it  continued  in  use  as  a  drill  book  after  it  had 
ceased  to  have  authority  as  a  volume  of  Army  regulations.  In  1808  a  small 
volume  was  published,  apparently  with  the  sanction  of  the  War  Department, 
containing  the  Articles  of  War  which  had  been  enacted  in  1806,  to  which  were 
added  such  military  laws  as  were  then  in  force. 

Section  5  of  the  act  of  March  3,  1813  (2  Stat.  819),  required  the  Secretary  of 
War  to  prepare  general  regulations  which,  "  when  approved  by  the  President  of 
the  United  States,  shall  be  respected  and  obeyed  until  altered  or  revoked  by 
the  same  authority."  The  volume  of  regulations  issued  in  pursuance  of  this  au- 
thority was  entitled  "  Military  laws  and  rules  and  regulations  for  the  armies 
of  the  United  States,"  and  was  approved  by  the  President  on  May  1,  1813.  It 
contained  the  Articles  of  War  of  1806,  together  with  the  statutes  relating  to 
the  military  establishment  and  a  small  number  of  regulations,  properly  so 
called.  Editions  of  this  work  were  published  in  1814  and  1815,  the  latter,  how- 
ever, without  the  authority  of  the  War  Department. 

The  act  of  April  24, 1816  (3  Stat.  298),  provided  that  the  "  regulations  in  force 
before  the  reduction  of  the  Army  be  recognized  as  far  as  the  same  shall  be  found 
applicable  to  the  service,  subject,  however,  to  such  alterations  as  the  Secretary 
of  WTar  may  adopt,  with  the  approbation  of  the  President."  In  accordance 
with  this  legislation  a  volume  of  regulations  was  issued  in  September,  1816, 
and  in  January,  1820,  a  new  edition  containing  the  orders  of  the  War  Depart- 
ment issued  since  September,  1816. 

Section  14  of  the  act  of  March  2,  1821  (3  Stat.  616),  contained  a  provision 
that  "  the  system  of  regulations  prepared  by  Major  General  Scott  shall  be,  and 
the  same  are  hereby,  approved  and  adopted  for  the  government  of  the  Army  of 
the  United  States  and  of  the  militia  when  in  the  service  of  the  United  States." 
These  regulations  were  approved  by  President  Monroe  and  published  to  the 
Army  in  July,  1821.  On  May  7,  1822,  section  14  of  the  act  of  March  2,  1821, 
was  formally  repealed,  thus  withdrawing  the  legislative  sanction  which  had 
been  conferred  by  the  statute  above  cited.  As  to  this  enactment  Attorney  Gen- 
eral Wirt  advised  that,  "notwithstanding  such  repeal,  the  regulations  having 
received  the  sanction  of  the  President,  continued  in  force  by  the  authority  of 
the  President  in  all  cases  where  they  did  not  conflict  with  positive  legislation." 
(1  Opin.  Att.  Gen.  549.)  The  regulations  of  1821  were  revised  under  the  direc- 
tion of  .General  Scott  and  a  new  edition  was  issued  on  March  1,  1825,  which 
continued  in  force  until  1835. 

A  volume  of  General  Regulations,  compiled  under  the  direction  of  Major 
General  Macomb,  was  printed  and  prepared  for  issue  on  September  1,  1835,  but 
was  not  formally  approved  and  promulgated  until  December  31,  1836.  A  second 
edition  of  this  work,  with  some  modifications,  was  issued  in  1841,  and  a  third 
edition,  containing  alterations  and  amendments,  which  have  been  promulgated  in 
orders  or  taken  from  former  volumes  of  regulations,  was  issued  to  the  Army 
on  May  1,  1847. 

On  January  1,  1857,  a  volume  of  Army  Regulations,  containing  a  number  of 
important  modifications,  together  with  a  general  rearrangement  of  paragraphs 
and  subject  matter,  was  prepared  under  the  direction  of  Secretary  Davis,  and 
published  with  the  approval  of  the  President  on  January  1,  1857.  This  volume 
continued  in  force  until  August  10,  1861,  when  it  was  replaced  by  a  revised 
edition ;  a  second  edition  of  this  work  was  issued  on  June  25,  1863,  containing 
the  "  changes  and  laws  affecting  Army  Regulations  and  Articles  of  War." 

The  thirty-seventh  section  of  the  act  of  July  28,  1866  (14  Stat.  337),  directed 
the  Secretary  of  War  "  to  have  prepared  and  to  report  to  Congress  at  its  next  ses- 
sion a  code  of  regulations  for  the  government  of  the  Army  and  of  the  militia  in 
actual  service,  which  shall  embrace  all  necessary  orders  and  forms  of  a  general 
character  for  the  performance  of  all  duties  incumbent  on  officers  and  men  in 
the  military  service,  including  rules  for  the  government  of  courts-martial;  the 
existing  regulations  to  remain  in  force  until  Congress  shall  have  acted  on  said 
report."  No  code  of  regulations  having  been  submitted,  Congress  provided,  in 
section  20  of  the  act  of  July  15,  1870  (16  Stat.  319),  that  "the  Secretary  of 
War  shall  prepare  a  system  of  general  regulations  for  the  administration  of 
the  affairs  of  the  Army,  which,  when  approved  by  Congress,  shall  be  in  force 
and  obeyed  until  altered  or  revoked  by  the  same  authority,  and  said  regulations 
shall  be  reported  to  Congress  at  its  next  session :  Provided,  That  the  said  regu- 
lations shall  not  be  inconsistent  with  the  laws  of  the  United  States." 

In  conformity  to  this  legislation  a  code  of  regulations,  which  had  been  pre- 
pared by  a  board  of  officers  of  which  Inspector  General  Marcy  was  the  presi- 

48985°— 15 9 


130  MILITAKY  LAWS  OF  THE  UNITED  STATES. 

dent,  was  submitted  to  the  House  of  Representatives  on  February  17,  1873,  and 
was  by  that  body  referred  to  the  Committee  on  Military  Affairs  and  ordered 
to  be  printed.  No  steps  looking  to  their  adoption  were  taken  during  the  re- 
mainder of  the  session,  and  the  Fifty-second  Congress  adjourned  without 
action.  The  question  was  taken  up  by  the  Military  Committee  of  the  House 
of  Representatives  in  the  Forty-third  Congress,  and  the  proposition  of  adopting 
a  code  of  Army  regulations  was  carefully  considered.  The  conclusion  reached 
by  the  committee  was  that  the  power  to  make  and  amend  or  alter  regulations 
had  best  be  left  to  Executive  discretion.  To  that  end  a  recommendation  was 
submitted,  which  was  adopted  by  Congress  and  approved  by  the  President  on 
March  1,  1875  (18  Stat.  337).  This  enactment  repealed  section  20  of  the  act  of 
July  15,  1870,  and  authorized  the  President  "  to  make  and  publish  regulations 
for  the  government  of  the  Army  in  accordance  with  existing  laws." 

Section  2  of  the  act  of  June  23,  1879  (21  Stat.  34),  authorized  and  directed  the 
Secretary  of  War  "to  cause  all  the  regulations  now  in  force  to  be  codified  and 
published  to  the  Army,"  and  provided  that  the  expense  attending  the  publica- 
tion of  the  work  should  be  defrayed  from  the  appropriation  for  the  contingent 
expenses  of  the  Army  for  the  current  fiscal  year.  Under  the  authority  thus 
conferred  the  Regulations  of  1881  were  prepared  and  issued  to  the  Army,  the 
order  of  promulgation  bearing  date  February  17, 1881.  A  revision  and  condensa- 
tion of  this  volume  was  issued  by  the  Secretary  of  War  on  February  9,  1889. 
Later  revisions  were  issued  October  31,  1895 ;  May  1,  1901 ;  September  15,  1904 ; 
December  31,  1910 ;  and  November  15,  1913. 

Z 

NOTE. — The  following  quotation  from  the  opinion  of  the  court  in  Wright  v. 
United  States  (15  Ct.  Cls.,  86)  gives  a  very  clear  exposition  of  the  status  of 
the  Revised  Statutes. 

The  Revised  Statutes  are  an  act  of  Congress,  duly  passed  by  the  Senate  and 
House  of  Representatives,  approved  by  the  President,  received  by  the  Secretary 
of  State  and  deposited  in  the  State  Department,  where  alone  the  originals  of 
all  laws  of  the  United  States  are  preserved.  (Rev.  Stat.  sec.  204;  act  Dec. 
28,  1874,  18  Stat.  ch.  9,  p.  294.)  They  were  approved  and  became  the  law  June 
22,  1874.  In  section  5595  it  is  enacted  that  they  "  embrace  the  statutes  of  the 
TJnited  States,  general  and  permanent  in  their  nature  in  force  on  the  first  day 
of  December,  one  thousand  eight  hundred  and  seventy-three,  as  revised  and 
consolidated  by  commissioners  appointed  under  an  act  of  Congress." 

It  was  no  doubt  the  desire  and  understanding  of  Congress  that  the  revision 
should  generally  reproduce  and  express  the  preexisting  laws  so  far  as  it  was 
practicable  to  do  so.  But  it  is  well  known  that  in  the  multiplicity  of  statutes  to  be 
revised,  the  ambiguity  of  the  language  of  many  of  them,  and  the  great  difficulty 
and  embarrassment  encountered  in  determining  the  effect  of  legislation  upon 
earlier  acts  of  the  same  subjects,  the  commissioners  made  numerous  errors  and 
omissions.  While  the  act  was  under  consideration  by  the  House  of  Representa- 
tives and  the  committee  on  the  revision  of  laws,  'many  changes  were  made  in 
the  language  of  the  commissioners'  report,  which  in  some  instances  may  also 
have  altered  the  law.  As  early  as  February  18,  1875,  an  act  was  passed  en- 
titled "  An  act  to  correct  errors  and  to  supply  omissions  in  the  Revised  Statutes 
of  the  United  States"  (18  Stat.  TUG,  ch.  80)  ;  and  on  the  27th  of  February, 
1877,  another  was  passed  entitled  "  An  act  to  perfect  the  revision  of  the 
statutes  of  the  United  States,  and  of  the  statutes  relating  to  the  District  of 
Columbia"  (19  Stat.  240,  ch.  69).  By  these  and  other  acts  several  hundred 
errors  and  omissions  have  been  corrected.  There  still  remain,  however,  in  the 
revision  many  alterations  of  former  laws,  which  Congress  have  never  yet  seen 
fit  to  disturb. 

But  whether  or  not  the  revision  correctly  reproduced  the  preexisting  statutes 
in  any  particular  case,  the  Revised  Statutes  became  the  law  of  the  land  on 
the  22d  of  June,  1874,  when  they  were  enacted  by  Congress  and  approved  by  the 
President,  and  they  must  so  continue  until  altered  by  the  same  legislative 
power  that  created  them.  The  preexisting  laws  thus  revised  are  repealed  and 
no  longer  in  force.  Section  5596  declares  expressly  that  "  all  acts  of  Congress 
passed  prior  to  said  first  day  of  December,  one  thousand  eight  hundred  and 
seventy-three,  any  portion  of  which  is  embraced  in  any  section  of  said  revision 
are  hereby  repealed,  and  the  section  applicable  thereto  shall  be  in  force  in 
lieu  thereof,  all  parts  of  such  acts  not  contained  in  such  revision  having  been 
repealed  or  superseded  by  subsequent  acts,  or  not  being  general  or  permanent 
in  their  nature."  (Holmes  v.  Wiltz,  11  La^  Ann.,  446;  United  States  v  Ham- 


MILITARY  LAWS  OP   THE  UNITED  STATES.  131 

mond,  2  Wood,  C.  C.  R.  203 ;  Hann  v.  United  States,  14  Ct.  Cls.  R.,  305 ;  Bouci- 
cault  v.  Hart,  12  Blatch.,  52;  Bowen  v.  United  States,  14  Ct.  Cls.  R.,  162;  affirmed 
on  appeal,  100  U.  S.,  508.) 

In  case  of  ambiguous  language  in  the  Revised  Statutes,  or  uncertainty  as  to 
the  true  construction  to  be  given  to  the  words  of  any  section,  previous  acts 
on  the  same  subject  may  be  referred  to  and  examined  for  light  on  the  object 
and  intent  of  Congress  as  shown  by  the  course  of  legislation,  in  the  same  manner 
as  statutes  in  pari  materia  relating  to  the  same  subject  may  always  be  taken, 
compared,  and  construed  together.  But  when  the  language  is  clear,  the  latest 
act,  as  expressing  the  latest  will  of  Congress,  must  govern  and  must  supersede 
the  preexisting  legislation  inconsistent  therewith.  (Bradshaw  v.  United  States, 
14  Ct.  Cls.  R.,  78;  Hann  v.  United  States,  14  id.,  305,  and  other  cases  above 
cited.) 

As  to  the  printed  publications,  the  first  edition  is  a  transcript  of  the  original 
Revised  Statutes  preserved  in  the  Department  of  State,  and  is  prima  facie  evi- 
dence thereof.  If,  however,  the  correctness  of  the  printed  copy  is  drawn  in 
question,  the  original  is  the  only  conclusive  evidence  of  the  exact  text  of  the 
law. 

The  second  edition  is  neither  a  new  revision  nor  a  new  enactment,  but  is 
only  a  new  publication.  It  is  a  compilation  containing  a  copy  of  the  original 
Revised  Statutes,  like  the  first  edition,  with  certain  specific  alterations  and 
amendments  made  by  subsequent  enactments  of  the  Forty-third  and  Forty- 
fourth  Congresses,  incorporated  according  to  the  judgment  and  discretion  of 
the  editor,  under  authority  of  the  law  providing  for  his  appointment.  (Act 
Mar.  2,  1877,  ch.  82,  19  Stat.  268.)  The  editor  had  no  power  to  change  the  sub- 
stance or  alter  the  language  of  the  revision,  nor  to  correct  any  errors  or  supply 
any  omissions.  The  whole  text  of  the  Revised  Statutes,  as  published  in  the 
first  edition,  is  preserved;  but  where  by  the  specific  amendments  made  by  the 
two  Congresses  mentioned,  sections  or  parts  of  sections  were  repealed,  those 
repealed  provisions  are  printed  in  italics  and  included  in  brackets;  and  where, 
in  like  manner,  by  legislative  enactment,  words  were  required  to  be  added 
or  inserted,  they  are  incorporated  in  their  proper  places  in  ordinary  Roman 
letters,  and  are  also  inclosed  in  brackets. 

Section  79,  referred  to  in  the  argument  of  this  case,  illustrates  the  manner 
in  which  the  second  edition  was  edited.  In  the  original,  and  of  course  in  the 
first  edition,  that  section  stood  thus : 

"  SEC.  79.  After  the  fourth  day  of  March,  eighteen  hundred  and  seventy-five, 
no  money  shall  be  paid  from  the  Treasury  for  the  publication  of  the  laws  in 
newspapers." 

The  act  of  February  IS,  1875,  ch.  80  (18  Stat.  317),  provided  that  "section 
seventy-nine  is  amended  by  striking  out  in  the  second  line  the  words  *  no  money 
shall  be  paid  from  the  Treasury  for,'  and  adding,  at  the  end  of  the  section,  the 
words  '  shall  cease.'  "  The  editor  incorporated  the  two  together,  thus : 

"  SEC.  79.  After  the  fourth  day  of  March,  eighteen  hundred  and  seventy- 
five  (no  money  shall  be  paid  from  the  Treasury  for),  the  publication  of  the  laws 
in  newspapers  (shall  cease)." 

Omitting  the  words  in  italics,  this  section  expresses  the  law  as  it  has  stood 
since  February  18,  1875,  when  the  amendment  was  enacted. 

The  act  for  the  preparation  and  publication  of  the  second  or  new  edition  of 
the  Revised  Statutes  provides  that  "  the  printed  volume  shall  be  legal  evidence 
of  the  laws  therein  contained  in  all  the  courts  of  the  United  States  and  of 
the  several  States  and  Territories,  but  shall  not  preclude  reference  to,  nor  con- 
trol, in  case  of  any  discrepancy,  the  effect  of  any  original  act  as  passed  by- 
Congress  since  the  first  day  of  December,  eighteen  hundred  and  seventy-three/' 
(Act  Mar.  2,  1877,  ch.  82,  19  Stat.  268,  as  amended  by  act  Mar.  9,  1878,  ch.  26, 
20  Stat.  27.) 


CHAPTER 


THE    MILITARY    ESTABLISHMENT— GENERAL    PROVI- 
SIONS OF  ORGANIZATION. 


THE  REGULAR  ARMY THE  VOLUNTEER  ARMY  AND  THE  MILITIA.1 


Par. 

The  Regular  Army  and  the  Militia  327-329 
Composition  of  national  forces . . .  327 
Organized  and  active  land  forces  328 

Land  forces,  composition  of 329 

Regular  Army 330 

Composition  of  Regular  Army. . .  331 
Enlisted  strength  of  the  Army. .  332 

Same — duration  of 333 

Indian  scouts 334 

Native  troops  in  the  Philippine 

Islands 335 

Same— Officers  therefor 336 

Same — natives  may  be  appointed 

lieutenants 337 

Same — pay  and  allowances 338 

Captain  of  Philippine  Scouts 339 


Par. 


Philippine  Scouts  may  serve  un- 
der certain  constabulary  offi- 
cers   340 

The  Porto  Rico  Regiment 341 

Same 342 

Same — term  of  enlistment 343 

Same — designation  changed 344 

Same— field  officers 345 

Same — captains  and  lieutenants.  346 
Same — second    lieutenants,    ap- 
pointment of 347 

Same — promotion  of  lieutenants.  348 
Citizens  of  Porto  Rico  may  enlist 
in  Regular  Army,  and  Porto 
Rico    Regiment   may   be   or- 
dered outside  of  island..         .  349 


327.  Composition  of  national  forces. — All  able-bodied  male  citi- 
zens of  the  United  States,  and  persons  of  foreign  birth  who  shall 
have  declared  their  intention  to  become  citizens  of  the  United  States 
under  and  in  pursuance  of  the  laws  thereof,  between  the  ages  of  eight- 
een and  forty-five  years,  are  hereby  declared  to  constitute  the  national 
forces,  and,  with  such  exceptions  and  under  such  conditions  as  may 
be  prescribed  by  law,  shall  be  liable  to  perform  military  duty  in  the 
service  of  the  United  States.     Sec.  1,  Act  of  Apr.  22,  1898  (30  Stat. 
361}. 

328.  Organized  and  active  land  forces. — The  organized  and  active 
land  forces  of  the  United  States  shall  consist  of  the  Army  of  the 
United  States  and  of  the  militia  of  the  several  States  when  called 
into  the  service  of  the  United  States :  Provided,  That  in  time  of  war 
the  Army  shall  consist  of  two  branches  which  shall  be  designated, 

1  For  statutes  respecting  the  militia,  see  chapter  entitled  The  Militia ;  and  for 
statutes  respecting  the  volunteer  forces,  see  chapter  entitled  Volunteers. 

133 


134  MILITARY   LAWS   OF   THE   UNITED  STATES. 

respectively,  as  the  Regular  Army  and  the  Volunteer  Army  of  the 
United  States.1     Sec.  2,  id. 

329.  Land  forces,  composition  of. — The  land  forces  of  the  United 
States  shall  consist  of  the  Regular  Army,  the  organized  land  militia 
while  in  the  service  of  the  United  States,  and  such  volunteer  forces 
as  Congress  may  authorize.    Sec.  1,  Act  of  Apr.  %5,  1914  (38  Siat. 
347). 

THE    REGULAR   ARMY.2 

330.  Regular  arr.iy. — The  Regular  Army  is  the  permanent  military 
establishment,  which  is  maintained  both  in  peace  and  war  according 
to  law.    Sec.  3,  Act  of  Apr.  22, 1898  (30  Stat.  361}. 

(See  chapters  entitled,  respectively,  Staff  Departments  and  Troops  of  the 
line.) 

331.  Composition  of  Regular  Army. — From  and  after  the  approval 
of  this  act  the  Army  of  the  United  States,  including  the  existing  or- 
ganizations, shall  consist  of: 

Fifteen  regiments  of  cavalry. 

A  corps  of  artillery. 

Thirty  regiments  of  infantry. 

One  Lieutenant-General. 

Six  major-generals. 

Fifteen  brigadier-generals. 

An  Adjutant-General's  Department. 

An  Inspector-General's  Department. 

A  Judge-Advocate  General's  Department. 

A  Quartermaster's  Department. 

A  Subsistence  Department. 

A  Pay  Department. 

A  Medical  Department. 

A  Corps  of  Engineers. 

An  Ordnance  Department. 

A  Signal  Corps. 

The  officers  of  the  Record  and  Pension  Office. 

The  Chaplains. 

The  officers  and  enlisted  men  of  the  Army  on  the  retired  list. 

lrrhe  invariable  policy  of  the  Government  has  been  to  consider  the  military 
forces  as  falling  into  two  classes:  Those  who  were  soldiers  or  sailors  by  pro- 
fession, irrespective  of  the  national  exigency,  who  took  war  when  it  came,  and, 
if  they  survived  it,  continued  to  make  military  occupation  the  business  of  their 
lives;  second,  those  who  left  their  ordinary  avocations  at  the  outbreak  of  or 
during  the  continuance  of  hostilities  and  enlisted  with  the  expectation  of  serving 
only  so  long  as  the  exigency  continued.  (Cleary  v.  U.  S.,  35  Ct.  Cls.,  207,  211.) 

2  For  provision  authorizing  the  President,  when  military  conditions  so  require, 
to  organize  the  land  forces  of  the  United  States  into  brigades  and  divisions  and 
such  higher  units  as  he  may  deem  necessary,  see  Act  of  April  25,  1914  (Public 
No.  90,  38  Stat.  — ),  chapter  entitled  Volunteers,  par.  1385. 


MILITARY   LAWS   OF   THE   UKITED  STATES.  135 

The  professors,  the  Corps  of  Cadets,  the  Army  Detachments,  and 
band  of  the  Military  Academy. 

Indian  Scouts,  as  now  authorized  by  lay;  and  such  other  officers 
and  men  as  may  hereinafter  be  provided  for.  Sec.  1,  Act  of  Feb.  #, 
1901  (31  Stat.  7 48). 

(The  office  of  Lieutenant  General  has  ceased  to  exist  on  the  active  list.  See 
chapted  entitled  General  Officers  and  Aids.  The  Quartermaster's  Department, 
the  Subsistence  Department,  and  the  Pay  Department  have  been  consolidated 
and  form  the  Quartermaster's  Corps.  The  Coast  Artillery  and  the  Field  Artil- 
lery have  been  separated  and  now  constitute  two  arms  of  the  service.  See 
chapter  entitled  Troops  of  the  Line.  For  the  details  of  the  law  in  regard  to  the 
composition,  etc.j  of  the  Regular  Army  see  the  various  chapters  bearing  appro- 
priate headings.  The  law  relating  to  the  Philippine  Scouts  and  the  Porto  Rico 
Regiment  will  be  found  in  this  chapter,  pars.  335-340  and  341-346.  The  law 
establishing  the  Bureau  of  Insular  Affairs  will  be  found  in  the  chapter  entitled 
Department  of  War,  pars.  155-160  ante.  For  the  enlistment  of  Indian  Scouts 
see  this  chapter,  par.  334.) 

332.  Enlisted  strength  of  the  Army. — The  total  enlisted  force  of 
the  line  of  the  Army,  together  with  such  native  force,  shall  not 
exceed,  at  any  one  time,  one  hundred  thousand.1    Sec.  36,  Act  of  Feb. 
0,  1901  (31  Stat.  757). 

333.  Same — Duration  of.— The  President  is  authorized  to  main- 
tain the  enlisted  force  of  the  several  organizations  of  the  Army  at 
their  maximum  strength,  as  fixed  by  this  act,  during  the  present 
exigencies  of  the  service,  or  until  such  time  as  Congress  may  hereafter 
otherwise  direct.2    Sec.  30,  Act.  of  Feb.  2, 1901  (31  Stat.  756). 

334.  Indian  scouts. — The  President  is  authorized  to  enlist  a  force 
of  Indians,  not  exceeding  one  thousand,  who  shall  act  as  scouts  in 
the  Territories  and  Indian  country.    They  shall  be  discharged  when 
the  necessity  for  their  service  shall  cease,  or  at  the  discretion  of  the 
department  commander.     A  proportionate  number  of  noncommis- 

1  The  acts  of  June  1,  1874  (18  Stat.  73),  March  3,  1875  (id.,  452),  July  24,  1876 
(19  Stat.  77),  November  21,  1877  (20  Stat.  2),  and  June  18,  1878  (id.,  146),  con- 
tained a  provision  limiting  the  number  of  enlisted  men  in  the  Army  to  25,000, 
including  hospital  stewards  and  Indian  scouts.     The  act  of  June  29,  1879  (21 
Stat.  30),  contained  a  requirement  "that  no  money  appropriated  by  this  act 
shall  be  paid  for  recruiting  the  Army  beyond  the  number  of  25,000  enlisted  men, 
including  Indian  scouts  and  hospital  stewards;  and  thereafter  there  shall  be  no 
more  than  25,000  enlisted  men  in  the  Army  at  any  one  time,  unless  otherwise 
authorized  by  law."     This  provision  was  repeated  in  the  acts  of  May  4,  1880 
(21  Stat.  110),  February  24,  1881  (id.,  346),  June  30,  1882  (22  Stat.  117),  March 
3,  1883  (id.,  456),  July  5,  1884  (23  Stat.  107)  and  March  3,  1885  (id.,  357).    The 
act  of  March  1,  1887  (24  Stat.  435),  which  provided  that  the  enlisted  force  of 
the  Hospital  Corps  should  be  in  excess  of  the  strength  authorized  by  law,  was 
expressly  repealed  by  the  act  of  March  8,  1898  (30  Stat.  261),  which  fixed  the 
enlisted  strength  of  the  Army  at  26,610. 

(The  native  force  mentioned  in  the  Philippine  Scouts  see  post,  pars.  335-340.) 

2  As  to  the  authorized  enlisted  strength  of  the  various  arms  of  the  service,  see 
G.  O.  8,  War  Dept.,  1912,  and  orders  amendatory  thereof,  and  G.  O.  67,  War 
Dept,  1913;  see  also  sec.  10,  act  of  April  25,  1914  (Public  No.  90,  38  Stat  — ), 
chapter  entitled  Volunteers,  par  1391,  which  provides  that  in  time  of  war  or  while 
war  is  imminent  all  organizations  of  the  land  forces  in  the  military  service  of 
the  United  States  shall  be  recruited  and  maintained  as  near  their  prescribed 
strength  as  practicable. 


136  MILITARY   LAWS   OF   THE   UNITED   STATES. 

sioned  officers  may  be  appointed.  And  the  scouts,  when  they  furnish 
their  own  horses  and  horse  equipments,  shall  be  entitled  to  receive 
forty  cents  per  day  for  their  use  and  risk  so  long  as  thus  employed. 
Act  of  Aug.  12, 1876  (19  Stat.  131}. 

335.  Native  troops  in  the  Philippine  Islands. — That  when  in  his 
opinion  the  conditions  in  the  Philippine  Islands  justify  such  action 
the  President  is  authorized  to  enlist  natives  of  those  islands  for 
service  in  the  Army,  to  be  organized  as  scouts,  with  such  officers  as 
he  shall  deem  necessary  for  their  proper  control,  or  as  troops  or  com- 
panies, as  authorized  by  this  act,  for  the  Regular  Army.    The  Presi- 
dent is  further  authorized,  in  his  discretion,  to  form  companies,  or- 
ganized as  are  companies  of  the  Regular  Army,  in  squadrons  or  bat- 
talions, with  officers  and  noncommissioned  officers  corresponding  to 
similar  organizations  in  the  cavalry  and  infantry  arms.     The  total 
number  of  enlisted  men  in  said  native  organizations  shall  not  exceed 
twelve  thousand,  and  the  total  enlisted  force  of  the  line  of  the  Army, 
together  with  such  native  force,  shall  not  exceed  at  any  one  time  one 
hundred  thousand.     Sec.  36,  Act  of  Feb.  0,  1901  (31  Stat.  757). 

336.  Same — Officers  therefor. — The  majors  to  command  the  squad- 
rons and  battalions  shall  be  selected  by  the  President  from  captains 
of  the  line  of  the  Regular  Army,  and  while  so  serving  they  shall  have 
the  rank,  pay,  and  allowances  of  the  grade  of  major.     The  captains 
of  the  troops  or  companies  shall  be  selected  by  the  President  from  the 
first  lieutenants  of  the  line  of  the  Regular  Army,  and  while  so  serv- 
ing they  shall  have  the  rank,  pay,  and  allowances  of  captain  of  the 
arm  to  which  assigned.     The  squadron  and  battalion  staff  officers, 
and  first  and  second  lieutenants  of  companies,  may  be  selected  from 
the  noncommissioned  officers  or  enlisted  men  of  the  Regular  Army 
of  not  less  than  two  years'  service,  or  from  officers  or  noncommissioned 
officers  or  enlisted  men  serving,  or  who  have  served,  in  the  volunteers 
subsequent  to  April  twenty-first,  eighteen  hundred  and  ninety-eight, 
and  officers  of  those  grades  shall  be  given  provisional  appointments 
for  periods  of  four  years  each,  and  no  such  appointments  shall  be 
continued  for  a  second  or  subsequent  term  unless  the  officer's  conduct 
shall  have  been  satisfactory  in  every  respect.     Id. 

(Iii  regard  to  captains  of  Philippine  Scouts,  however,  see  par.  339,  post.) 

337.  Same — Natives  may  ~be  appointed  lieutenants. — When,  in  the 
opinion  of  the  President,  natives  of  the  Philippine  Island  shall,  by 
their  services  and  character,  show  fitness  for  command,  the  President 
is  authorized  to  make  provisional  appointments  to  the  grades  of 
second   and   first    lieutenants    from    such    natives,   who,   when    so 
appointed,  shall  have  the  pay  and  allowances  to  be  fixed  by  the 
Secretary  of  War,  not  exceeding  those  of  corresponding  grades  of 
the  Regular  Army.    Id. 


MILITARY   LAWS   OF    THE   UNITED  STATES.  137 

338.  Same — Pay   and   allowances. — The   pay   and   allowances   of 
provisional  officers  of  native  organizations  shall  be  those  authorized 
for  officers  of  like  grades  in  the  Eegular  Army.    The  pay,  rations, 
and  clothing  allowances  to  be  authorized  for  the  enlisted  men  shall 
be  fixed  by  the  Secretary  of  War,  and  shall  not  exceed  those  author- 
ized for  the  Regular  Army.    Id. 

(The  pay  of  the  enlisted  men  and  the  Philippine  Scouts  is  fixed  by  G.  O.  236, 
War  Dept,  1D09.    As  to  allowances,  see  Army  Regulations.) 

339.  Captains  of  Philippine  Scouts. — The  office  of  captain  in  the 
Philippine  Scouts  is  hereby  created  as  a  grade  of  rank  in  the  mili- 
tary establishment.    Such  captains  shall  be  selected  from  officers  of 
the  grade  of  first  lieutenants  in  said  scouts,  and  shall  be  given  pro- 
visional appointments  for  periods  of  four  years  each,  and  no  such 
appointments  shall  be  continued  for  a  second  or  subsequent  period 
unless  the  officers'  conduct  shall  have  been  satisfactory  in  every  re- 
spect :  Provided,  That  the  number  of  officers  provisionally  appointed 
under  the  terms  of  this  Act  shall  not  at  any  time  exceed  the  number 
of  companies  of  said  native  troops  which  may  be  formed  by  the 
President  from  time  to  time  for  service  in  the  Philippine  Islands. 
Act  of  May  16, 1908  (35  Stat.  163). 

340.  Philippine  Scouts  may  serve  under  certain  constabulary  offi- 
cers.— Any  companies  of  Philippine  scouts  ordered   to   assist  the 
Philippine  constabulary  in  the  maintenance  of  order  in  the  Philip- 
pine Islands  may  be  placed  under  the  command  of  officers  serving  as 
chief  or  assistant  chiefs  of  the  Philippine  constabulary,  as  herein 
provided:  Provided,  That  when  the  Philippine  scouts  shall  be  or- 
dered to  assist  the  Philippine  constabulary,  said  scouts  shall  nob  at 
any  time  be  placed  under  the  command  of  inspectors  or  other  officers 
of  the  constabulary  below  the  grade  of  assistant  chief  of  constabu- 
lary.   Sec.  2,  Act  of  Jan.  30, 1903  (32  Stat.  783). 

341.  The  Porto  Rican  regiment. — The  President  is  authorized  to 
organize  and  maintain  one  provisional  regiment  of  not  exceeding 
three  battalions  of  infantry,  for  service  in  Porto  Rico,  the  enlisted 
strength  thereof  to  be  composed  of  natives  of  that  island  as  far  as 
practicable.    The  regiment  shall  be  organized  as  to  numbers  as  au- 
thorized for  infantry  regiments  of  the  Regular  Army.     The  pay, 
rations,  and  clothing  allowances  to  be  authorized  for  the  enlisted 
men  shall  be  fixed  by  the  Secretary  of  War,  and  shall  not  exceed  those 
authorized  for  the  Regular  Army.    The  field  officers  shall  be  selected 
from  officers  of  the  next  lower  grades  in  the  Regular  Army  and  shall, 
while  so  serving  in  the  higher  grade,  have  the  rank,  pay,  and  allow- 
ances thereof.     The  company   and  regimental   and   battalion  staff 
officers  shall  be  appointed  by  the  President.    The  President  may,  in 
his  discretion,  continue  with  their  own  consent  the  volunteer  officers 
and  enlisted  men  of  the  Porto  Rico  regiment,  whose  terms  of  service 


138  MILITARY   LAWS  OF   THE   UNITED  STATES. 

expire  by  law  July  first,  nineteen  hundred  and  one.  Enlistments  for 
the  Porto  Rico  regiment  shall  be  made  for  periods  of  three  years, 
unless  sooner  discharged.  The  regiment  shall  be  continued  in  service 
until  further  directed  by  Congress.1  Sec.  37,  Act  of  Feb.  2, 1901  (31 
Stat.  758). 

342.  Same. — For  Porto  Rico  Provisional  Regiment  of  Infantry, 
composed  of  two  battalions  of  four  companies  each,  to  include  the 
enlisted  men  of  the  present  regiment  who  may  be  in  the  service  June 
thirtieth,  nineteen  hundred  and  four,  and  officers  as  herein  provided. 
The  field  officers  shall  be  detailed  from  the  officers  of  the  Regular 
Army  of  the  same  grade  and  shall  receive  the  pay  and  emoluments 
of  their  grade.     The  present  officers  of  the  regiment  below  the  grade 
of  field  officers  who  are  mentally,  morally,  and  physically  qualified 
and  have  proved  efficient  in  their  respective  positions  may  be  reap- 
pointed  by  the  President,  by  and  with  the  advice  and  consent  of  the 
Senate  (and  such  officers  shall  be  entitled  to  preference  in  such  ap- 
pointments) for  a  provisional  term  of  four  years.     Officers  so  reap- 
pointed  shall  be  eligible  for  promotion  in  the  regiment  up  to  and 
including  the  rank  of  captain,  upon  examination  as  to  their  fitness 
for  such  promotion.    Vacancies  then  existing  or  thereafter  occurring 
in  the  grade  of  second  lieutenant  may  be  filled  by  the  President,  in 
his  discretion,  by  and  with  the  advice  and  consent  of  the  Senate,  by 
the  appointment  of  citizens  of  Porto  Rico  for  the  provisional  term 
of  four  years,  whose  qualifications  for  commissions  shall  be  estab- 
lished by  such  examination  as  the  President  may -prescribe,  who  shall 
also  be  eligible  for  promotion  in  the  regiment  up  to  and  including 
the  "rank  of  captain,  upon  an  examination  as  to  their  fitness.    Vacan- 
cies not  filled  as  hereinbefore  provided  by  the  reappointment  or  pro- 
motion of  the  present  officers  or  by  the  appointment  or  promotion  of 
citizens  of  Porto  Rico,  shall  be  filled  by  detail  from  the  line  of  the 
infantry  of  the  Army  of  the  same  grade  with  the  vacancy  to  be  filled. 
Men  hereafter  enlisted  in  the  regiment  shall  be  citizens  of  Porto 
Rico  and  shall  be  enlisted  for  a  term  of  two  years ;  and  except  in  the 
case  of  noncommissioned  officers  shall  not  be  reenlisted  in  time  of 
peace.     The  names  of  all  enlisted  men  who  have  served  honorably 
in  the  regiment  shall  be  kept  at  the  headquarters  of  the  regiment,  and 
these  men  shall  be  regarded  as  a  reserve,  to  be  specially  considered 
in  time  of  war.    The  pay  and  allowances  of  officers  and  enlisted  men 
of  the  regiment  shall  be  the  same  as  authorized  for  like  grades  in 
the  Regular  Army.     Act  of  Apr.  23, 1904  (33  Stat.  266). 

343.  Same — Term  of  enlistment. — Men  hereafter  enlisted  in  the 
Porto  Rico  Provisional  Regiment  of  Infantry  shall  be  enlisted  for  a 
period  of  three  years  and  may  be  reenlisted,  such  enlistments  and 

1This  has  reference  to  the  original  organization  of  the  regiment.  For.  changes 
in  organization  and  the  present  status  of  the  regiment,  see  pars.  342-344,  which 
follow. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  139 

reenlistments  to  be  subject  to  the  regulations  governing  the  Army 
at  large,  with  such  modifications  as  to  physical  requirements  as  the 
President  may  prescribe.  Act  of  May  11, 1908  (35  Stat.  114) . 

344.  Same — Designation  changed. — On  and  after  the  thirtieth  day 
of  June,  nineteen  hundred  and  eight,  the  Porto  Rico  Provisional 
Regiment  of  Infantry  shall  be  designated  the  Porto  Rico  Regiment 
of  Infantry  of  the  United  States  Army.     It  shall  be  composed  of  the 
two  existing  battalions  of  the  Porto  Rico  Provisional  Regiment  of 
Infantry.     Sec.  1,  Act  of  May  27,  1908  (35  Stat.  392}. 

345.  Same — Field  officers. — The  field  officers  of  said  regiment  shall 
be  one  lieutenant-colonel  and  two  majors,  who  shall  be  detailed  for 
four  years  by  the  President  from  officers  not  below  the  rank  of 
captain  of  the  Army.    Sec.  2,  id. 

346.  Same — Captains  and  lieutenants. — The  present  captains  and 
lieutenants  of  the  Porto  Rico  Provisional  Regiment  of  Infantry  ap- 
pointed or  who  were  reappointed  after  a  mental,  physical,  and  profes- 
sional examination,  may  be  recommissioned  as  officers  of  the  Porto 
Rico  Regiment  of  Infantry.     Sec.  3,  id. 

347.  Same — Second  lieutenants,  appointment  of. — Vacancies  in  the 
grade  of  second  lieutenant  may  be  filled  by  the  President  in  his  dis- 
cretion by  the  appointment  of  citizens  of  Porto  Rico  whose  qualifica- 
tions for  commissions  shall  be  established  by  examination.1     Sec. 
4,  id. 

348.  Same — Promotion  of  lieutenants. — Promotions  to  the  grade 
of  first  lieutenant  and  captain  shall  be  according  to  seniority  within 
the  regiment,  subject  to  the  examination  provided  by  law.     All  ap- 
pointments and  promotions  herein  provided  for  shall  be  made  with 
the  advice  and  consent  of  the  Senate.     Officers  of  the  Porto  Rico 
Regiment  of  Infantry  shall  have  the  same  rank,  pay,  rights,  and 
allowances  provided  by  law  for  officers  of  similar  rank  in  the  Army 
of  the  United  States,  except  as  herein  provided  with  regard  to  pro- 
motion.    Any  of  the  officers  provided  for  by  section  three  who  may 
have  become  incapacitated  for  active  service  by  reason  of  disability 
incident  to  the  service  shall  Le  placed  upon  the  retired  list  with  the 
rank  to  which  they  would  otherwise  be  entitled.    Sec.  5,  id. 

349.  Citizens  of  Porto  Rico  may  enlist  in  Regular  Army  and  Porto 
Rico  Regiment  may  be  ordered  outside  of  island. — Citizens  of  Porto 
Rico  shall  be  eligible  for  reinlistment  in  the  Regular  Army  and  the 
Porto  Rico  Regiment  may  be  ordered  for  service  outside  of  the 
island  of  Porto  Rico.    Act  of  Mar.  2, 1903  (32  Stat.  934). 

HISTORICAL    NOTE. 

The  military  establishment  at  the  organization  of  the  Government  under  the 
Constitution  contained  no  officer  of  higher  ir.r.k  than  lieutenant-cjlonel. 
Authority  was  conferred  by  the  act  of  March  3,  1791  (1  Stat.  222),  to  appoint 
a  major-general  and  a  brigadier-general,  should  the  President  deem  that  course 
necessary,  and,  by  the  act  of  March  28,  1792  (id.,  246),  the  number  of  brigadier-. 

1  This  has  reference  to  the  regiment  mentioned  in  par.  342. 


140  MILITARY   LAWS   OF   THE    UNITED  STATES. 

generals  was  to  be  increased  to  four,  if,  in  the  opinion  of  the  President,  such 
appointments  would  "  be  conducive  to  the  good  of  the  public  service."  This 
authority  was  withdrawn,  however,  by  section  3  of  the  act  of  May  30,  1796 
(id.,  483).  The  number  of  brigadier-generals  was  reduced  to  one,  and  the 
office  of  major-general  was  abolished  by  the  act  of  March  3,  1797  (id.,  507). 
The  act  of  May  28,  1798  (id.,  558),  passed  in  contemplation  of  war  with  France, 
conferred  authority  upon  the  President  to  appoint  a  lieutenant-general  and  a 
suitable  number  of  major-generals;  by  section  3  of  the  act  of  July  16,  1798 
(id.,  604),  the  number  of  major-generals  so  appointed  was  restricted  to  two, 
and  the  number  of  brigadier-generals  to  four.  The  grade  of  lieutenant-general 
was  abolished  and  replaced  by  that  of  general  of  the  armies  of  the  United 
States,  by  section  9  of  the  act  of  March  3,  1799  (id.,  752).  The  difficulties  with 
France  having  been  put  in  the  way  of  settlement,  recruiting  was  suspended 
until  the  further  order  of  Congress  by  the  act  of  February  20,  1800  (2  id.,  7)  ; 
military  appointments  were  authorized  to  be  suspended  by  the  act  of  May  14, 
1800  (id.,  85),  and  at  the  reduction  of  1802,  the  number  of  general  officers 
was  reduced  to  one  brigadier-general.  (Sec.  3,  act  of  Mar.  16,  1802,  2  id.,  132.) 

During  the  controversy  with  Great  Britain  which  culminated  in  the  war  of 
1812,  the  appointment  of  two  additional  brigadier-generals  was  authorized  by 
section  3  of  the  act  of  April  12,  1808  (2  id.,  481)  ;  by  the  act  of  December  24, 
1811  (id.,  669),  the  existing  military  establishment  was  ordered  to  be  imme- 
diately completed,  and  by  section  4  of  the  act  of  January  11,  1812  (id.,  671), 
two  major-generals  and  four  brigadier-generals  were  authorized.  By  the  act 
of  February  24,  1813  (id.,  801),  six  major-generals  and  six  brigadier-generals 
were  authorized  in  addition  to  those  already  in  service.  The  act  of  March  3, 
1815  (3  id.,  224),  fixing  the  military  peace  establishment,  reduced  the  number 
of  major-generals-  to  two  and  the  number  of  brigadier-generals  to  four;  at  the 
general  reduction  of  1821  these  numbers  were  fixed  at  one  and  two,  respectively 
(section  5,  act  of  Mar.  2,  1821,  id.,  615),  at  which  number  it  remained  until 
the  outbreak  of  hostilities  with  Mexico  in  1846.  The  act  of  May  13,  1846  (9 
Stat,  9),  providing  for  the  prosecution  of  the  existing  war  with  Mexico,  author- 
ized the  acceptance  of  50,000  volunteers,  and  conferred  power  upon  the  Presi- 
dent to  organize  the  forces  thus  provided  into  divisions  and  brigades,  and  to 
apportion  the  general  and  staff  officers  among  the  respective  States  and  Terri- 
tories as  he  might «deem  proper.  One  major-general  and  two  brigadier-generals, 
in  addition  to  those  already  authorized  by  law,  were  added  to  the  establish- 
ment by  the  act  of  June  13,  1846  (id.,  17),  with  the  proviso  that  the  number 
of  general  officers  wr.s  to  be  reduced  to  that  existing  at  the  outbreak  of  hos- 
tilities upon  the  termination  of  the  war  "  by  a  definitive  treaty  of  peace."  With 
a  view  to  determine  the  number  of  general  officers  to  be  appointed  under  the 
act  of  May  13,  1846.  it  was  provided  by  the  act  of  June  26,  1846  (id.,  20),  that 
brigades  of  volunteer  troops  should  consist  of  not  less  than  three  regiments 
and  divisions  of  not  less  than  two  brigades;  and  any  reduction  in  the  strength 
of  the  volunteer  forces  was  to  involve  a  corresponding  reduction  in  the  number 
of  general  officers,  all  of  whom  were  to  be  mustered  out  at  the  close  of  the  war. 
By  the  act  of  March  3,  1847  (id.,  184)  two  major-generals  and  three  brigadier- 
generals  were  authorized  for  the  period  of  the  war.  The  reduction  at  the  close 
of  the  war  was  accomplished  by  a  proviso  in  the  act  of  July  19,  1848  (id.,  247), 
which  required  that  vacancies  occurring  in  the  grade  of  general  officer  should 
not  be  filled  until  the  numbers  of  major  and  brigadier  general  had  been  reduced 
to  one  and  two,  respectively. 

At  the  outbreak  of  the  war  of  the  rebellion  the  President,  bv  proclamations, 
dated  April  15,  1861  (12  Stat,  1258),  and  May  3,  1861  (id.,  1260),  called  forth 
a  force  of  75,000  militia  and  42,034  volunteers;  and  Congress,  by  the  act  of 
July  22,  1861  (id.,  268),  authorized  the  enlistment  of  500,000  volunteers,  and 
made  provision  for  their  organization  into  brigades  and  divisions,  and  for  the 
appointment  of  such  numbers  of  general  officers  as  were  necessary  to  their 
command.  By  section  4  of  the  same  act  the  President  was  authorized  to  select 
six  major-generals  and  eighteen  brigadier-generals  from  the  line  or  staff  of 
the  Army,  and  the  officers  so  appointed  were^allowed  to  retain  their  army  rank. 
The  number  of  general  officers  of  volunteers  was  fixed  by  the  act  of  July  5, 
1862  (id.,  506),  which  restricted  the  number  of  major-generals  to  forty  and  the 
number  of  brigadier-generals  to  two  hundred.  By  section  9  of  the  act  of  July 
28,  1866  (14  id.,  333),  the  number  of  major-generals  in  the  regular  establish- 
ment was  fixed  at  five  and  that  of  brigadier-generals  at  ten;  by  section  3  of 
the  act  of  March  3,  1869  (15  id.,  318),  the  number  of  brigadier-generals  was 
reduced  to  eight;  and  by  section  8  of  the  act  of  July  15,  1870  (16  id.,  318),  the 
number  was  still  further  reduced  to  six  and  that  of  major-generals  to  three. 


CHAJPTER    XI. 


GENEEAL  OFFICEES  AND  AIDS. 

Par. 

General  officers  and  aids 350-351 

The  office  of  Lieutenant  General  to  vacate 350 

Aids  for  general  officers 351 

350.  The  office  of  Lieutenant  General  to  vacated — When  the  office 
of  Lieutenant-General  shall  become  vacant  it  shall  not  thereafter 
be  filled,  but  said  office  shall  cease  and  determine :  Provided  further, 
That  nothing  in  this  provision  shall  affect  the  retired  list.  Act  of 
Mar  8,  1907  (34  Stat.  1160). 

( See  par.  331,  ante. ) 

1  The  grade  of  "  General  of  the  Armies  of  the  United  States  "  was  created  by 
section  9  of  the  act  of  March  3,  1799  (1  Stat.  752).  The  office,  though  not  ex- 
pressly referred  to  in  any  of  the  acts  for  the  reduction  or  disbandment  of  the 
forces  raised  in  contemplation  of  war  with  France,  ceased  to  exist  in  1802, 
not  having  been  mentioned  in  the  act  of  March  16,  1802  (2  id.,  132),  which  de- 
termined the  military  peace  establishment.  The  grade  was  revived  under  the 
title  of  "  General  of  the  Army  of  the  United  States,"  by  the  act  of  July  25, 
18G6  (14  id.,  223),  and  was  conferred  upon  Lieutenaut-Geneial  Grant;  and  was 
recognized  and  continued  by  section  9  of  the  act  of  July  28,  1866  (id.,  333). 
Section  6  of  the  act  of  July  15,  1870  (16  id.,  318),  contained  the  requirement, 
however,  that  "  the  offices  of  General  and  Lieutenant-General  shall  continue 
until  a  vacancy  shall  exist  in  the  same,  and  no  longer,  and  when  such  vacancy 
shall  occur  in  either  of  said  offices  immediately  thereupon  all  laws  and  parts 
of  laws  creating  said  office  shall  become  inoperative,  and  shall,  by  virtue  of  this 
act,  from  thenceforward  be  held  to  be  repealed."  The  office  ceased  to  exist, 
as  a  grade  of  military  rank,  at  the  death  of  Gen.  W.  T.  Sherman  on  February 
14,  1891.  The  act  of  March  3,  1885  (23  id.,  434),  authorized  the  appointment 
of  a  "  General  of  the  Army  on  the  Retired  List,"  which  was  conferred  upon 
Gen.  Ulysses  S.  Grant,  and  expired  on  the  death  of  that  officer  on  July  23,  1885. 
By  the  act  of  June  1,  1888  (25  id.,  165),  the  grade  of  Lieutenant-General  was 
discontinued  and  merged  in  that  of  General  of  the  Army,  which  was  conferred 
upon  Lieut.  Gen.  P.  H.  Sheridan,  and  ceased  to  exist  at  the  death  of  that 
officer  on  August  5,  1888. 

The  grade  of  Lieutenant-General  was  first  established  by  the  act  of  May  28, 
1798  (1  Stat.  558)  ;  it  was  abolished,  however,  by  section  9  of  the  act  of  March 
3,  1799  (id.,  752),  and  the  command  of  the  forces  authorized  to  be  raised,  in  con- 
templation of  war  with  France,  was  vested  in  the  "  General  of  the  Armies  of  the 
United  States"  authorized  by  that  statute.  The  grade  was  revived  by  joint 
resolution  No.  9  of  February  15,  1855  (10  id.,  723),  and  the  rank  was  conferred 
by  brevet  on  Maj.  Gen.  Winfield  Scott;  the  office  thus  created  ceased  to  exist 
at  the  death  of  that  officer  on  May  29,  1866.  The  grade  was  again  revived  by  the 
act  of  February  29,  1864  (13  id.,  11),  and  conferred  upon  Maj.  Gen.  Ulysses 
S.  Grant,  and  the  office  was  recognized  and  continued  by  section  9  of  the  act 
of  July  28,  1866  (14  id.,  333),  but  was  to  cease  to  exist  upon  the  occurrence 
of  a  vacancy,  under  the  restriction  imposed  by  section  6  of  the  act  of  July  15. 
1870  (16  id.,  318).  The  office  was  vacated  and  merged  in  that  of  General  of 
the  Army  upon  the  promotion  of  Lieutenant-General  Sheridan  to  that  grade, 

141 


142  MILITARY   LAWS   OF   THE   UNITED  STATES. 

351.  Aids  for  general  officers.  —  Each  major-general   shall  have 

three  aids,  who  may  be  selected  by  him  from  captains  or  lieutenants 

of  the  Army,  and  each  brigadier-general  shall  have  two  aids,  who 

may  be  selected  by  him  from  lieutenants  of  the  Army.     Sec.  1098, 

~ 


(For  statutory  provisions  and  executive  regulations  respecting  the  staffs  of 
general  officers  when  assigned  to  commands  see  the  chapter  entitled  Rank  and 
command  —  Tactical  and  territorial  organizations,  and  the  F.  S.  R.  For 
executive  regulations  in  regard  to  aids,  see  Army  Regulations.  In  regard  to 
the  Chief  of  Staff,  see  chapter  entitled  General  Staff.) 

under  the  authority  conferred  by  the  act  of  June  1,  1888  (25  id.,  165).  It  was 
revived  a  third  time  by  joint  resolution  No.  9  of  February  5,  1895  (28  id.,  968), 
and  was  conferred,  subject  to  the  restriction  therein  contained,  upon  Maj.  Gen. 
John  M.  Schofield,  and  the  office  continues  to  exist  as  a  grade  of  military  rank 
on  the  retired  list.  The  rank,  pay,  and  allowances  of  Lieutenant-General  were 
conferred  upon  "  the  senior  major-general  of  the  line  commanding  the  Army  " 
by  section  2  of  the  act  of  June  6,  1900  (31  id.,  655)  ;  the  office  was  revived  as 
a  grade  of  military  rank  by  section  1,  act  of  February  2,  1901  (31  Stat.  748). 

Where  the  grades  of  General  and  Lieutenant-General  have  been  revived  it 
has  been  held  that  the  right  of  the  officers  holding  them  to  the  personal  staff 
created  by  earlier  legislation,  and  never  in  terms  abolished,  also  revived. 


CHAPTER  XII. 


KANK  AND  COMMAND— TACTICAL  AND  TERRITORIAL 

ORGANIZATIONS. 


Par. 

Rank  and  command 352-355 

Relative  rank  between  officers  of 

the  Army  and  the  Navy 352 

Relative  rank 353 ' 

Brevet  rank 354 

Officers  of  the  Medical  Corps  re- 
stricted as  to  command 355 

Tactical  organizations 356-364 

Tactical  organizations 356 

War  organization 357 

Staff  of  Army  Corps 358 

Staff  of  a  division  or  brigade 359 


Tactical  organizations — Continued.     Par. 

The  staff  officers  may  be  ap- 
pointed or  assigned 360 

Officers  of  Regular  Army  eligible 
for  staff  appointments 361 

Clerks,  messengers,  and  laborers 
at  headquarters  of  divisions-, 
departments,  posts  com- 
manded by  general  officers, 
and  office  of  the  Chief  of  Staff.  362 

Certain  clerks  and  employee"  not 
to  be  detailed  in  War  Depart- 
ment  363 

Military  headq  uarters 364 


352.  Relative  rank  between  officers  of  the  Army  and  the  Navy. — 
The  relative  rank  between  officers  of  the  Navy,  whether  on  the  active 
or  retired  list,  and  officers  of  the  Army  shall  be  as  follows,  lineal 
rank  only  being  considered : 

The  Vice- Admiral  shall  rank  with  the  Lieu  tenant -General. 

Rear-admirals  with  major-generals. 

Commodores1  with  brigadier-generals. 

Captains  with  colonels. 

Commanders  with  lieutenant-colonels. 

Lieutenant-commanders  with  majors. 

Lieutenants  with  captains. 

Lieutenants,  junior  grade,  with  first  lieutenants. 

Ensigns  with  second  lieutenants. 

Sec.  1466,  R.  S. 

(As  to  the  Executive  interpretation  given  to  the  terms  "rank"  and  "com- 
mand," see  Army  Regulations,  1913,  Articles  3  and  4.  A  determination  by  the 

1  The  office  of  commodore,  as  a  grade  of  rank  on  the  active  list  of  the  Navy, 
was  abolished  by  section  7  of  the  act  of  March  3,  1899  (30  Stat.  1005)  ;  that 
statute  also  contained  the  requirement  that  "  each  rear-admiral  embraced  in 
the  nine  lower  numbers  of  the  grade  shall  receive  the  same  pay  and  allowance 
as  are  now  .allowed  a  brigadier-general  in  the  Army." 

The  office  of  lieutenant,  junior  grade,  was  created  by  the  act  of  March  3,  1883 
(22  Stat.  442),  replacing  that  of  master  in  the  Navy,  which  was  discontinued 
by  that  statute. 

143 


144  MILITAEY   LAWS   OF   THE   UNITED   STATES. 

legislative  and  executive  branches  of  the  Government,  as  to  the  relation  or 
superior  authority  among  military  officers,  is  conclusive  upon  the  judiciary. 
(De  Celis  v.  IT.  S.,  13  Ct.  Cls.,  117.)  As  to  the  existing  grades  and  rank  of 
officers  and  noncommissioned  officers,  see  Army  Regulations,  1913,  paragraph  9. 
As  to  the  commands  appropriate  to  each  grade,  see  Army  Regulations,  1913, 
paragraph  14,  and  the  Field  Service  Regulations.  As  to  the  right  of  command 
where  different  corps  of  the  Army  happen  to  join,  etc.,  see  Articles  of  War,  122, 
and  section  305,  ante.) 

353.  Relative  rank. — In  fixing  relative  rank  between  officers  of  the 
same  grade  and  date  of  appointment  and  commission,  the  time  which 
each  may  have  actually  served  as  a  commissioned  officer  of  the  United 
States,  whether  continuously  or  at  different  periods,  shall  be  taken 
into  account.     And  in  computing  such  time,  no  distinction  shall  be 
made  between  service  as  a  commissioned  officer  in  the  Regular  Army 
and  service  since  the  19th  day  of  April,  1861,  in  the  volunteer  forces, 
whether  under  appointment  or  commission  from  the  President  or 
from  the  governor  of  a  State.     Sec.  1219,  R.  S. 

(For  rules  of  precedence  and  determination  of  relative  rank,  see  Army  Regu- 
lations, 1913,  paragraphs  10  and  11.  See  also  Articles  of  War,  123.) 

354.  Brevet  rank. — Officers  may  be  assigned  to  duty  or  command 
according  to  their  brevet  rank  by  special  assignment  of  the  Presi- 
dent; and  brevet  rank  shall  not  entitle  an  officer  to  precedence  or 
command  except  when  so  assigned.    Sec.  .1211,  R.  S. 

355.  Officers  of  the  Medical  Corps  restricted  as  to  command. — 
Officers  of  the  Medical  Department  of  the  Army  shall  not  be  entitled 
in  virtue  of  their  rank,  to  command  in  the  line  or  in  other  staff  corps.1 
Sec.  1169  R.  S. 

356.  Tactical  organisations.— In  the  ordinary  arrangement  of  the 
Army  two  regiments  of  infantry  or  of  cavalry  shall  constitute  a 
brigade,  and  shall  be  the  command  of  a  brigadier-general,  and  two 
brigades  shall  constitute  a  division,  and  shall  be  the  command  of  a 
major-general;  but  it  shall  be  in  the  discretion  of  the  commanding 
general  to  vary  this  disposition  whenever  he  may  deem  it  proper 
to  do  so.    Sec.  1114,  R.S. 

(For  regulations  respecting  the  organization  of  armies  in  the  field  in  time 
of  war,  see  the  F.  S.  R. ;  see  also  Scott's  Dig.,  pp.  244,  245.  For  the  war  organ- 
ization of  the  military  forces  of  the  United  States,  see  next  paragraph.) 

357.  War  organization. — In  time  of  war,  or  when  war  is  imminent, 
the  troops  in  the  service  of  the  United  States,  whether  belonging  to 
the  Regular  or  Volunteer  Army  or  to  the  militia,  shall  be  organized, 
as  far  as  practicable,  into  divisions  of  three  brigades,  each  brigade 
to  be  composed  of  three  or  more  regiments;  and  whenever  three  or 
more  divisions  are  assembled  in  the  same  army  the  President  is 
authorized  to  organize  them  into  army  corps,  each  corps  to  consist 
of  not  more  than  three  divisions.    Sec.  9,  Act  of  Apr.  22,  1898  (30 
Stat.  362.} 

(See  F.  S.  R.) 

1  See  also  Army  Regulations,  1913,  paragraph  19. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  145 

358.  Staff  of  Army  Corps. — The  staff  of  the  commander  of  an 
army  corps  shall  consist  of  one  assistant  adjutant-general,  one  chief 
engineer,  one  inspector-general,  one  chief  quartermaster,  one  chief 
commissary  of  subsistence,1  one  judge- advocate,  and  one  chief  sur- 
geon,2 who  shall  have,  respectively,  the  rank  of  lieutenant-colonel; 
one  assistant  adjutant-general,  who  shall  have  the  rank  of  captain, 
and  the  aids-de-camp  authorized  by  law.3    Sec.  10,  id. 

359.  Staff  of  a  division  or  brigade. — The  staff'  of  the  commander 
of  a  division  shall  consists  of  one  assistant  adjutant-general,  one 
engineer  officer,  one  inspector-general,  one  chief  quartermaster,  one 
chief  commissary  of  subsistence,4  a  chief  signal  officer,5  and  one 
chief  surgeon,  who  shall  have,  respectively,  the  rank  of  major,  and 
the  aids-de-camp  authorized  by  law.    The  staff  of  the  commander  of 
a  brigade  shall  consist  of  one  assistant  adjutant-general,  one  assist- 
ant quartermaster,  and  one  commissary  of  subsistence,  each  with 
the  rank  of  captain ; 6  one  surgeon,  and  the  aids-de-camp  authorized 
by  law.    Sec.  10,  id. 

360.  The  staff  officers  may  be  appointed  or  assigned. — The  staff 
officers  herein  authorized  for  the  corps,  division,  and  brigade  com- 
manders may  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  as  officers  of  the  Volunteer  Army,  or  may 
be  assigned  by  him,  in  his  discretion,  from  officers  of  the  Eegular 
Army,  or  the  Volunteer  Army,  or  of  the  militia  in  the  service  of  the 
United  States :  Provided,  That  when  relieved  from  such  staff  service 
said  appointments  or  assignments  shall  terminate.    Sec.  10,  id. 

361.  Officers  of  Regular  Army  eligible  for  staff  appointments. — 
Officers  of  the  Regular  Army  shall  be  eligible  for  such  staff  appoint- 
ments, and  shall  not  be  held  to  vacate  their  offices  in  the  Regular 
Army  by  accepting  the  same,  but  shall  be  entitled  to  receive  only  the 
pay  and  allowances  of  their  staff  rank:  Provided  further,  That  offi- 
cers of  the  Regular  Army  receiving  commissions  in  regiments  of 
engineers,  or  any  other  commissions  in  the  Volunteer  Army,  shall 

1  Since  the  consolidation  of  the  Quartermaster,  Commissary,  and  Pay  Depart- 
ments, this  officer  would  no  longer  be  called  the  Chief  Commissary  of  Sub- 
sistence. 

3  So  much  of  section  10  of  the  act  of  Congress  approved  April  22,  1898,  as  pro- 
vides that  the  staff  of  a  general  commanding  an  Army  corps  shall  consist  of 
certain  officers,  with  the  rank  of  lieutenant-colonel,  shall  be  held  to  include 
among  such  officers  a  chief  signal  officer.  (Sec.  10,  Act  of  Apr.  22,  1898.  30 
Stat,  361;  joint  resolution  No.  57,  July  8,  1898,  id.,  752.) 

3  The  Field  Service  Regulations  contemplate  the  formation  of  field  armies  and 
not  of  Army  Corps. 

4  Since  the  consolidation  of  the  Quartermaster,  Commissary,  and  Pay  De- 
partments, this  officer  would  not  longer  be  called  the  Chief  Commissary  of 
Subsistence. 

5  The  Chief  Signal  Officer  was  added  by  joint  resolution  No.  57,  July  8,  1898 
(30  Stat.  752.) 

6  The  Field   Service  Regulations  contemplate  a  brigade  only  as  a  tactical 
organization ;  hence  the  staff  of  a  commander,  a  brigade  as  given  therein  con- 
sists of  only  a  division  adjutant  and  the  authorized  aids. 

48985°— 15 10 


146  MILITARY   LAWS   OF   THE   UNITED   STATES. 

not  be  held  to  vacate  their  offices  in  the  Eegular  Army  by  accepting 
the  same,  but  shall  be  entitled  to  receive  only  the  pay  and  allowances 
of  such  volunteer  rank  while  serving  as  such.  Sec.  1,  Act  of  May  28, 
1898  (30  Stat.4%1}- 

362.  Pay  to  clerks,  messengers,  and  laborers  at  headquarters  of  the 
several  territorial  departments,  territorial  districts,  tactical  divisions 
and  brigades,  service  schools  and  office  of  the  Chief  of  Staff. — One 
chief  clerk,  at  the  office  of  the  Chief  of  Staff,  $2,000  per  annum. 

Fifteen  clerks,  at  $1,800  each  per  annum. 

Fifteen  clerks,  at  $1,600  each  per  annum. 

Thirty-eight  clerks,  at  $1,400  each  per  annum. 

Seventy  clerks,  at  $1,200  each  per  annum. 

Sixty-five  clerks,  at  $1,000  each  per  annum. 

Six  clerks  (Filipinos),  at  $500  each  per  annum. 

One  captain  of  the  watch,  at  $900  per  annum. 

Three  watchmen,  at  $720  each  per  annum. 

One  gardener,  at  $720  per  annum. 

One  packer,  at  $840  per  annum. 

Two  messengers,  at  $840  each  per  annum. 

Fifty-nine  messengers,  at  $720  each  per  annum. 

Six  messengers  (Filipinos),  at  $300  each  per  annum. 

One  laborer,  at  $660  per  annum. 

Two  laborers,  at  $600  each  per  annum. 

One  laborer,  at  $480  per  annum. 

Five  charwomen,  at  $240  each  per  annum. 

In  all,  $312,320. 

Additional  pay  while  on  foreign  service,  $9,000.*  Act  of  April  27, 
1914  (38  Stat.355}. 

*As  shown  by  the  date  of  the  act,  this  is  the  latest  provision  made  for  the 
purpose  mentioned.  The  two  following  paragraphs  have  appeared  annually  for 
a  number  of  years  in  the  Army  appropriation  acts  and  may  be  taken  as  indicat- 
ing the  fixed  policy  of  Congress  in  the  premises : 

That  on  and  after  July  1,  1914,  the  pay  of  clerks  and  messengers  at  head- 
quarters of  territorial  departments,  tactical  divisions,  brigades,  and  service 
schools,  who  are  citizens  of  the  United  States,  shall  be  increased  $200  each  per 
annum  while  serving  in  the  Philippine  Islands,  such  service  to  be  computed  from 
the  date  of  departure  from  the  continental  limits  of  the  United  States  to  the 
date  of  return  thereto :  Provided  further,  That  the  money  hereby  appropriated 
for  such  of  said  clerks,  at  $1,200  and  $1,000  each  per  annum,  and  such  of  said 
messengers  at  $720  each  per  annum  as  may  be  employed  and  assigned  by  the 
Secretary  of  War  to  the  headquarters  of  the  Philippine  Department,  districts 
and  posts  therein,  may,  in  case  of  vacancy  and  in  the  discretion  of  the  com- 
manding general,  Philippine  Department,  be  expended,  in  whole  or  in  part,  for 
the  employment  of  Filipinos  as  clerks  at  not  to  exceed  $500  each  per  annum, 
and  messengers  at  not  to  exceed  $300  each  per  annum. 

And  said  clerks,  messengers,  and  laborers  shall  be  employed  and  assigned  by 
the  Secretary  of  War  to  the  offices  and  positions  in  which  they  are  to  serve: 
Provided,  That  no  clerk,  messenger,  or  laborer  at  headquarters  of  tactical  divi- 
sions, military  departments,  brigades,  service  schools,  and  office  of  the  Chief 
of  Staff  shall  be  assigned  to  duty  with  any  bureau  in  the  War  Department. 
Act  of  April  27,  191J.  (PuT).  No.  91,  38  Stat.  — ). 


MILITARY   LAWS   OF    THE   UNITED   STATES.  147 

363.  Certain  clerks  and  employees  not  to  be  detailed  in  War  De- 
partment.— It  shall  not  hereafter  be  lawful  to  detail  clerks  or  other 
civilian  employees  authorized  for  the  Office  of  the  General  Staff  for 
duty,  temporary  or  otherwise,  in  any  office  or  bureau  of  the  War  De- 
partment at  Washington,  District  of  Columbia,  or  to  detail  clerks  or 
other  employees  from  the  War  Department  for  service  in  the  Office 
of  the  General  Staff.1     Act  of  June  00,  1906  (34  Stat.  418). 

364.  Military   headquarters. — When  the  economy   of  the  service 
requires,  the  Secretary  of  War  shall  direct  the  establishment  of  mili- 
tary headquarters  at  points  where  suitable  buildings  are  owned  by 
the  Government.2    Sec.  8,  Act  of  June  23, 1879  (34  Stat.  35}. 

xThe  clerks  and  messengers  above  referred  to  and  provided  for  were  first 
authorized  by  the  act  of  August  6,  1894  (28  Stat.  236)  ;  they  replace  the  force 
of  "  General  service  clerks  and  messengers  "  created  by  the  act  of  July  29,  1886 
(24  Stat.  167),  but  discontinued  by  the  act  of  August  6,  1894  (28  Stat.  236). 
Their  numbers  and  compensation  are  determined  in  the  annual  acts  of  appro- 
priation for  the  support  of  the  Army. 

2  Territorial  commands. — In  time  of  peace  our  Army  has  been  habitually  dis- 
tributed into  geographical  commands,  styled,  respectively,  military  divisions, 
departments,  and  districts — the  districts,  as  organized  prior  to  1815,  correspond- 
ing to  the  commands  now  designated  as  departments.  These  divisions  and 
departments  can  be  established  only  by  the  President;  but,  within  their  re- 
spective departments,  commanding  generals  have  from  time  to  time  grouped 
adjacent  posts  into  temporary  commands,  which  are  now  known  as  districts. 


CHAJPTER  XIII. 


THE  GENERAL  STAFF  CORPS. 


Par. 

Establishment  of 365 

Composition  of 366 

Same 367 

Duties  of 368  * 

Duties  of  the  Chief  of  Staff 369 

Chief  of  Artillery  or  Chief  of  Coast  Ar- 
tillery to  be  member  of 370 


Par. 

Chief  of  Division  of  Militia  Affairs  to 
be  member  of 371 

Clerks,  etc.,  in  office  of  Chief  of  Staff 
not  to  be  assigned  to  duty  in  bu- 
reaus of  War  Department 372 


365.  Establishment. — There  is  hereby  established  a  General  Staff 
Corps,  to  be  composed  of  officers  detailed  from  the  Army  at  large, 
under  such  rules  as  may  be  prescribed  by  the  President.     Sec.  1,  Act 
of  Feb.  14,  1903  (32  Stat.  830). 

366.  Composition  of. — The  General  Staff  Corps  shall  consist  of  one 
Chief  of  Staff  and  two  general  officers,  all  to  be  detailed  by  the 
President  from  officers  of  the  Army  at  large  not  below  the  grade  of 
brigadier  general;  four  colonels,  six  lieutenant  colonels,  and  twelve 
majors,  to  be  detailed  from  the  corresponding  grades  in  the  Army 
at  large,  under  such  rules  for  selection  as  the  President  may  pre- 
scribe; twenty  captains,  to  be  detailed  from  officers  of  the  Army 
at  large  of  the  grades  of  captain  or  first  lieutenant,  who  while  so 
serving  shall  have  the  rank,  pay,  and  allowances  of  captain  mounted. 
All  officers  detailed  in  the  General  Staff  Corps  shall  be  detailed 
therein  for  periods  of  four  years,  unless  sooner  relieved.     While 
serving  in   the   General   Staff  Corps,   officers  may  be   temporarily 
assigned  to  duty  with  any  branch  of  the  Army.     Upon  being  re- 
lieved from  duty  in  the  General  Staff  Corps,  officers  shall  return  to 
the  branch  of  the  Army  in  which  they  hold  permanent  commission, 
and  no  officer  shall  be  eligible  to  a  further  detail  in  the  General  Staff 
Corps  until  he  shall  have  served  two  years  with  the  branch  of  the 
Army  in  which  commissioned,  except  in  case  of  emergency  or  in 
time  of  war.1     Sec.  3,  Act.  of  Feb.  14,  1903  (32  Stat.  831). 

367.  Same. — The  General  Staff  Corps  shall  consist  of  two  general 
officers,  one  of  whom  shall  be  the  Chief  of  Staff,  four  colonels,  six 
lieutenant  colonels,  twelve  majors,  and  twelve  captains  or  first  lieu- 


1  See  paragraph  367,  post;  see,  also,  note  to  paragraphs  370  and  371,  post. 

149 


150  MILITARY  LAWS  OF  THE  UNITED  STATES. 

tenants,  all  of  whom  shall  be  detailed  from  the  Army  at  large  in  the 
manner  and  for  the  periods  prescribed  by  law.1  Sec.  5,  Act  of  Aug. 
24,1912  (37  Stat.  594). 

368.  Duties  of.— The  duties  of  the  General  Staff  Corps  shall  be 
to  prepare  plans  for  the  national  defense  and  for  the  mobilization 
of  the  military  forces  in  time  of  war ;  to  investigate  and  report  upon 
all  questions  affecting  the  efficiency  of  the  Army  and  its  state  of 
preparation  for  military  operations;  to  render  professional  aid  and 
assistance  to  the  Secretary  of  War  and  to  general  officers  and  other 
superior  commanders,  and  to  act  as  their  agents  in  informing  and 
coordinating  the  action  of  all  the  different  officers  who  are  subject 
under  the  terms  of  this  Act  to  the  supervision  of  the  Chief  of  Staff ; 
and  to  perform  such  other  military  duties  not  otherwise  assigned 
by  law  as  may  be  from  time  to  time  prescribed  by  the  President.2 
Sec.  2,  Act  of  Feb.  14,  1903  (32  Stat.  831). 

369.  Duties  of  the  Chief  of  Staff.— The  Chief  of  Staff,  under  the 
direction  of  the  President  or  of  the  Secretary  of  War,  under  the 
direction  of  the  President,  shall  have  supervision  of  all  troops  of 
the  line  and  of  the  Adjutant-General's,  Inspector-General's,  Judge- 
Advocate's,   Quartermaster's,   Subsistence,  Medical,  Pay   and   Ord- 
nance departments,  the  Corps  of  Engineers,  and  the  signal  Corps, 
and  shall  perform  such  other  military  duties  not  otherwise  assigned 
by  law  as  may  be  assigned  to  him  by  the  President.     Duties  now 
prescribed  by  statute  for  the  Commanding  General  of  the  Army  as 
a  member  of  the  Board  of  Ordnance  and  Fortification  and  of  the 
Board  of  Commissioners  of  the  Soldiers'  Home  shall  be  performed 
by  the  Chief  of  Staff  or  other  officer  designated  by  the  President. 
Acts   and   parts  of  Acts   authorizing   aides-de-camp   and  military 
secretaries  shall  not  apply  to  general  officers  of  the  General  Staff 
Corps.3    Sec.  4,  Act  of  Feb.  14, 1903  (32  Stat.  831). 

370.  Chief  of  Aritillery  or  Chief  of  Coast  Artillery  to  be  member 
of.— The  Chief  of  Artillery  or  Chief  of  Coast  Artillery  shall  be  an 
additional  member  of  the  General  Staff  Corps,  and  his  other  duties 
shall  be  prescribed  by  the  Secretary  of  War.     When  a  vacancy  oc- 
curs in  the  office  of  the  Chief  of  Artillery  or  Chief  of  Coast  Artil- 
lery the  President  may  appoint  to  such  vacancy,  by  and  with  the 
advice  and  consent  of  the  senate,  an  officer  selected  from  the  coast 
artillery,  who  shall  serve  for  a  period  of  four  years  unless  reap- 
pointed  for  further  periods  of  four  years;  and  any  officer  who  shall 
hereafter  serve  as  Chief  of  Artillery  or  Chief  of  Coast  Artillery 

1  See  paragraph  366,  ante ;  see,  also,  note  to  paragraphs  370  and  371. 

2  See  Article  58,  A.  R.,  1913. 

3  By  section  3,  aci  of  August  24,  1912    (37   Stat.   591),   the  Quartermaster 
Corps  shall  be  subject  to  the  supervision  of  the  Chief  of  Staff  to  the  extent  the 
departments  hereby  consolidated  into  said  corps  have  heretofore  been  subject 
to  such  supervision  under  the  terms  of  existing  law.     (See  paragraph  503,  post.) 


MILITARY  LAWS  OF   THE   UNITED  STATES.  151 

shall,  when  retired,  be  retired  with  the  rank,  pay,  and  allowances 
authorized  by  law  for  a  brigadier-general  on  the  retired  list.  The 
position  vacated  by  an  officer  appointed  Chief  of  Artillery  or  Chief 
of  Coast  Artillery  shall  be  filled  by  promotion  in  that  arm  accord- 
ing to  existing  law,  but  the  officer  thus  appointed  shall  continue  in 
the  same  lineal  position  in  his  arm  which  he  would  have  held  if  he 
had  not  been  so  appointed,  and  shall  be  an  additional  number  in 
the  grade  from  which  he  was  appointed  or  to  which  he  may  be  pro- 
moted: Provided,  That  there  shall  not  be  at  any  time  in  the  coast 
artillery  more  than  one  additional  officer  by  reason  of  the  appoint- 
ment of  a  Chief  of  Artillery  or  Chief  of  Coast  Artillery  and  the 
relief  of  an  officer  from  such  duty.1  Sec.  0,  Act  of  Jan.  25,  1907  (34 
S 'tat.  861}. 

371.  Chief  of  Division  of  Militia  Affairs  to  be  member  of. — Here- 
after the  Chief  of  the  Division  of  Militia  Affairs,  Office  of  the  Chief 
of  Staff,  shall  be  detailed  from  the  general  officers  of  the  line  of 
the  Army,  and  while  so  serving  shall  be  an  additional  member  of 
the  General  Staff  Corps.2    Act  of  Mar.  3, 1911  (36  Stat.  1037). 

(For  the  creation  and  functions  of  the  Division  of  Militia  Affairs,  see  War 
Department  Orders  A,  February  12,  1908. ) 

372.  Clerks,  etc.,  in  office  of  Chief  of  Staff  not  to  be  assigned  to 
duty  in  bureaus  of  War  Department. — That  no  clerk,  messenger,  or 
laborer  at  headquarters  of  divisions,  departments,  posts  commanded 
by  general  officers,  or  office  of  the  Chief  of  Staff  shall  be  assigned  to 
duty  with  any  bureau  in  the  War  Department.3    Act  of  Mar.  2, 1913 
(37  Stat.  707). 

lrThe  laws  which  created  the  offices  of  the  Chief  of  Coast  Artillery  and  the 
Chief  of  the  Division  of  Militia  Affairs  provided  that  they  should  be  consid- 
ered as  additional  members  of  the  General  Staff  Corps.  The  act  of  February 
14,  1903  (32  Stat.  831),  established  the  office  of  Chief  of  Staff  and  the  General 
Staff  Corps  and  prescribed  the  composition  and  duties  of  the  same.  Subse- 
quently to  the  acts  making  the  chiefs  of  the  Artillery  Corps  and  of  the  Division 
of  Militia  Affairs,  respectively,  additional  members  of  the  General  Staff  Corps, 
Congress  by  section  5  of  the  act  of  August  24,  1912  (37  Stat.  594),  prescribed 
anew  the  composition  of  the  General  Staff  Corps  and  specified  the  manner  of 
details  thereto.  The  eighth  section  repealed  all  laws  inconsistent  with  the 
terms  of  said  act.  Held,  that  neither  the  repealing  clause  in  said  section  8,  nor 
the  provision  prescribing  anew  the  composition  of  the  General  Staff  Corps  and 
the  manner  of  making  details  thereto,  repealed  the  laws  constituting  the  Chief 
of  the  Artillery  Corps  and  the  Chief  of  the  Division  of  Militia  Affairs  addi- 
tional members  of  the  General  Staff,  nor  did  such  legislation  affect  their  rela- 
tions to  the  General  Staff  Corps;  and  that  said  officers  continue  to  be  such 
additional  members.  (Bulletin  No.  1  (Dig.  Opins.  J.  A.  G.),  Jan.  20,  1913.) 

2  See  note  to  preceding  paragraph. 

3  The  annual  appropriation  act  for  the  Army  for  several  years  has  contained 
a  similar  proviso. 


CHAPTER  XIV. 


THE   STAFF  DEPARTMENTS— GENEKAL  PROVISIONS- 
DISBURSING  OFFICERS. 


Par. 

The  staff  departments 373-430 

Heads  of  departments 373 

Same — chiefs  to  be  selected  from 

permanent  officers  of  corps 374 

Same — detailed  officers  eligible  to 

permanent  appointment 375 

Same — retirement 376 

Promotions  in  staff  corps  and  de- 
partments   377 

Details  to  staff  corps  and  depart- 
ments   378 

Term  of  detail  to  staff  corps  and 

departments 379 

Appointments  and  details 380 

Certain  officers  appointed  to  rank 
above  that  of  colonel  to  retain 
relative  position  in  corps  or 

arm 381 

Certain  officers  not  reappointed 
may  return  to  former  positions .  382 

Vacancies  due  to  details 383 

Present  for  duty  with  troops 384 

Service  as  staff  officer 385 

Promotions  after  14  years'  service  386 

Disbursing  officers .* 387 

Increase  of  bonds 388 

Security  companies  as  sureties. . .  389 
Same — agents  to  be  appointed...  390 
Same — companies  to  deposit 

copy  of  charter,  etc ...  r 391 

Same — companies  to  file  quar- 
terly statement 392 

Same — United  States  shall  not 
pay  premium  of  bond  for  offi- 
cer or  employee 393 

Bonds  to  be  examined  at  certain 

times 394 

Bonds  to  be  renewed 395 

Liability  of  sureties 336 

Where  deficiency  is  discovered . .  397 

Where  sureties  are  released 398 

Duties  of  disbursing  officers  as  to 

public  money 399 

Disbursing  officers,  etc.,  to  de- 
posit funds 400 

Exchanges  of  funds  restricted. . .   401 
Premiums   on    sales    to   be   ac- 
counted for 402 

Proceeds  of  sales. .  .  403 


Par. 
The  staff  departments — Continued. 

Proceeds  of  sales  of  materials 404 

Proceeds  of  certain  sales,  etc.,  of 

materials 405 

Expenses  of  sales 406 

Advances  of  public  money  pro- 
hibited   407 

Public  moneys  not  to  be  used  for 
payment,  etc.,  of  expenses  of 

commissions,  etc 408 

Entry  of  each  deposit,  transfer, 

and  payment 409 

Accounting  to  be  by  items 410 

Total  amount  of  appropriation, 

how  determined 411 

Inspection  of  disbursements 412 

Same — to  be  reported  to  Con- 
gress   413 

Counterfeit  money 414 

Accounts  to  be  rendered  monthly  415 
Same — in  accordance  with  appro- 
priation  416 

Funds  derived  from  transfer  of 
stores  to  the  Philippine  Gov- 
ernment   417 

Offenses  in  connection  with  the 
safekeeping  and  disbursement 
of  the  public  money;  receipt- 
ing for  larger  sums  than  are 

paid 418 

Same — wrongful  conversion 419 

Same — the  loan  or  conversion  of 

public  moneys 420 

Same — failure  to  render  accounts  421 
Same — failure  to  deposit  as  re- 
quired   422 

Same — to  whom  foregoing  pro- 
visions are  applicable 423 

Same — record  evidence  of  em- 
bezzlement   424 

Same — prima  facie  evidence 425 

Same — evidence  of  conversion . .  426 
Same — banker,  etc.,  not  author- 
ized depositary  receiving  pub- 
lic money  from  disbursing  offi- 
cer, etc 427 

Same — embezzlement 428 

Making  false  certificate 429 

Officers,  etc.,  not  to  prosecute 
claims  against  the  Government  430 

153 


154  MILITABY  LAWS  OF  THE  UNITED  STATES. 

373.  Heads  of  departments. — When  vacancies  shall  occur  in  the 
position  of  chief  of  any  staff  corps  or  department  the  President  may 
appoint  to  such  vacancies,  by  and  with  the  advice  and  consent  of  the 
Senate,  officers  of  the  Army  at  large  not  below  the  rank  of  lieutenant- 
colonel,  and  who  shall  hold  office  for  terms  of  four  years.    When  a 
vacancy  in  the  position  of  chief  of  any  staff  corps  or  department  is 
filled  by  the  appointment  of  any  officer  below  the  rank  now  provided 
by  law  for  said  office,  said  chief  shall,  while  so  serving,  have  the  same 
rank,  pay,  and  allowances  now  provided  for  the  chief  of  such  corps 
or  department.    Sec.  26,  Act  of  Feb.  2, 1901  (31  Stat.  755). 

374.  Same — Chief  to  ~be  selected  from  permanent  officers  of  corps. — 
So  long  as  there  remain  in  service  officers  of  any  staff  corps  or  depart- 
ment holding  permanent  appointments,  the  chief  of  such  staff  corps 
or   department   shall   be   selected   from   the   officers   so   remaining 
therein.    Id. 

375.  Same — Detailed    officers    eligible    for    permanent    appoint- 
ment.— That  hereafter  whenever  the  number  of  officers  holding  per- 
manent appointments  in  any  staff  corps  or  staff  department  of  the 
Army,  except  the  Quartermaster  Corps,  shall  have  been  reduced 
below  four  and  a  vacancy  shall  occur  in  an  office  above  the  grade  of 
colonel  in  said  corps  or  department,  any  officer  of  the  Army  with 
rank  above  that  of  major  who  shall  have  served  creditably  for  not 
less  than  four  years  by  detail  in  said  corps  or  department  under  the 
provisions  of  section  twenty-six  of  the  Act  of  Congress  approved 
February  second,  nineteen  hundred  and  .one,  shall,  in  addition  to 
officers  otherwise  eligible,  be  eligible  for  appointment  to  fill  said 
vacancy.    Act  of  Apr.  27, 1914  (38  Stat.  356) . 

376.  Same — Retirement. — Any  officer  now  holding  office  in  any 
corps  or  department  who  shall  hereafter  serve  as  chief  of  a  staff 
corps  or  department  and  shall  subsequently  be  retired,  shall  be  retired 
with  the  rank,  pay,  and  allowances  authorized  by  law  for  the  retire- 
ment of  such  corps  or  department  chief.    Sec.  26,  Act  of  Feb.  2, 1901 
(31  Stat.  755). 

377.  Promotions  in  staff  corps  and  departments. — That  so  long 
as  there  remain  any  officers  holding  permanent  appointments  in  the 
Ad  jut  ant- General's    Department,    the    Inspector-General's    Depart- 
ment, the  Quartermaster's  Department,  the  Subsistence  Department, 
the  Pay  Department,  the  Ordnance  Department,   and  the  Signal 
Corps,  including  those  appointed  to  original  vacancies  in  the  grades 
of  captain  and  first  lieutenant  under  the  provisions  of  sections  six- 
teen, seventeen,  twenty-one,  and  twenty-four  of  this  act,  they  shall 
be  promoted  according  to  seniority  in  the  several  grades,  as  now  pro- 
vided by  law,  and  nothing  herein  contained  shall  be  deemed  to  apply 
to  vacancies  which  can  be  filled  by  such  promotions  or  to  the  periods 


MILITARY   LAWS   OF   THE   UNITED  STATES.  155 

for  which  the  officers  so  promoted  shall  hold  their  appointments. 
Sec.  86,  id. 

378.  Details  to  staff  corps  and  departments. — When  any  vacancy, 
except  that  of  the  chief  of  the  department  or  corps,  shall  occur  which 
can  not  be  filled  by  promotion  as  provided  in  this  section,  it  shall 
be  filled  by  detail  from  the  line  of  the  Army,  and  no  more  perma- 
nent  appointments  shall  be  made  in  those  departments  or  corps 
after  the  original  vacancies  created  by  this  act  shall  have  been  filled. 
Such  details  shall  be  made  from  the  grade  in  which  the  vacancies 
exist,  under  such  system  of  examination  as  the  President  may  from 
time  to  time  prescribe.    Id. 

379.  Term  of  detail  to  staff  corps  and  departments. — All  officers 
so  detailed  shall  serve  for  a  period  of  four  years,  at  the  expiration 
of  which  time  they  shall  return  to  duty  with  the  line,  and  officers 
below  the  rank  of  lieutenant-colonel  shall  not  again  be  eligible  for 
selection  in  any  staff  department  until  they  shall  have  served  two 
years  with  the  line.    Id. 

(For  special  rules  in  regard  to  officers  serving  details  in  the  Ordnance  De- 
partment, see  chapter  relating  to  that  department.) 

380.  Appointments  and  details. — No  officer  hereafter  detailed  or 
appointed  under  the  provisions  of  section  twenty-six  of  the  Act  of 
Februar}^  second,  nineteen  hundred  and  one,  who  has  less  than  four 
years  to  serve  from  the  date  of  his  detail  or  appointment  to  the  date 
of  his  retirement  shall  serve  under  such  detail  or  appointment  or  be 
paid  as  if  on  the  active  list  beyond  the  date  of  his  retirement.    Act 
of  June  30, 1902  (32  Stat.  509). 

381.  Certain  officers  appointed  to  rank  above  that  of  colonel  to 
retain   relative   position   in   corps   or   arm. — Hereafter,    except    as 
otherwise  provided  herein,  when  any  officer  shall  under  the  provi- 
sions of  section  twenty-six  of  the  act  of  Congress  approved  February 
second,  nineteen  hundred  and  one,  be  appointed  to  an  office  with 
rank  above  that  of  colonel,  his  appointment  to  said  office  and  his 
acceptance  of  the  appointment  shall  create  a  vacancy  in  the  arm, 
staff  corps,  or  staff  department  from  which  he  shall  be  appointed, 
and  said  vacancy  shall  be  filled  in  the  manner  prescribed  by  existing 
law,  but  he  shall  retain  in  said  arm,  staff  corps,  or  staff  department, 
the  same  relative  position  that  he  would  have  held  if  he  had  not 
been  appointed  to  said  office,  and  he  shall  return  to  said  relative 
position  upon  the  expiration  of  his  appointment  to  said  office  unless 
he  shall  be  reappointed  thereto;  and  if  under  the  operation  of  this 
proviso  the  number  of  officers  of  any  particular  grade  in  any  arm, 
staff  corps,  or  staff  department,  shall  at  any  time  exceed  the  number 
authorized  by  law,  no  vacancy  occurring  in  said  grades  shall  be 
filled  until  after  the  total  number  of  officers  therein  shall  have  been 
reduced  below  the  number  authorized  by  law;  but  nothing  in  this 


156  MILITARY  LAWS  OF  THE  UHITED  STATES. 

proviso  shall  be  held  to  apply  in  the  case  of  any  officer  who  now 
holds  a  four-year  appointment  to  an  office  with  rank  above  that  of 
colonel,  and  whose  return  to  the  relative  position  that  he  would  have 
held  if  he  had  not  been  appointed  to  said  office  is  not  possible  under 
existing  law.1  Sec.  5,  Act  of  Aug.  $4, 1912  (37  Stat.  594). 

382.  Certain  officers  not  reappointed  in  staff  corps  or  staff  depart- 
ments may  l>e  appointed  to  -former  positions. — That  hereafter  when- 
ever the  President  shall  deem  it  inadvisable  to  reappoint,  at  the  end 
of  a  four-year  term,  any  officer  who,  under  the  provisions  of  section 
twenty-six  of  the  Act  approved  February  second,  nineteen  hundred 
and  one,  or  Acts  amendatory  thereof,  has  been  appointed  for  such  a 
term,  in  any  staff  corps  or  staff  department,  to  an  office  with  rank 
above  that  of  colonel,  but  whose  commission  in  the  lower  grade  held 
by  him  in  said  staff  corps  or  staff  department  at  the  time  of  his 
appointment  under  said  Act  to  an  office  of  higher  grade  has  been 
vacated,  the  President  may,  by  and  with  the  advice  and  consent  of 
the  Senate,  appoint  said  officer  to  be  an  officer  of  the  grade  that  he 
would  have  held,  and  to  occupy  the  relative  position  that  he  would 
have  occupied,  in  said  staff  corps  or  staff  department  if  he  had  not 
been  appointed  to  said  office  with  rank  above  that  of  colonel;  and  if 
under  the  operation  of  this  proviso  the  number  of  officers  of  any  par- 
ticular grade  in  any  staff  corps  or  staff  department  shall  at  any  time 
exceed  the  number  authorized  by  law  other  than  this  Act,  no  vacancy 
occurring  in  said  grade  shall  be  filled  until  after  the  total  number  of 
officers  therein  shall  have  been  reduced  below  the  number  so  author- 
ized.   Act  of  Apr.  87, 1914  (38  Stat.  356). 

383.  Vacancies  due  to  details. — Each  position  vacated  by  officers  of 
the  line  transferred  to  any  department  of  the  staff  for  tours  of  service 
winder  this  act  shall  be  filled  by  promotion  in  the  line  until  the  total 
number  detailed  equals  the  number  authorized  for  duty  in  such  de- 
partment.    Thereafter  vacancies  caused  by  details  from  the  line  to 
the  staff  shall  be  filled  by  officers  returning  from  tours  of  staff  duty. 
If  under  the  operation  of  this  act  the  number  of  officers  returned  to 
any  particular  arm  of  the  service  at  any  time  exceeds  the  number 
authorized  by  law  in  any  grade,  promotions  to  that  grade  shall  cease 
until  the  number  has  been  reduced  to  that  authorized.    Sec.  27,  Act 
of  Feb.  2, 1901  (31  Stat.  755). 

384.  Present  for  duty  with  troops. — That  hereafter  in  time  of 
peace  whenever  any  officer  holding  a  permanent  commission  in  the 
line  of  the  Army  with  rank  below  that  of  major  shall  not  have  been 
actually  present  for  duty  for  at  least  two  of  the  last  preceding  six 
years  with  a  troop,  battery,  or  company,  of  that  branch  of  the  Army 
in  which  he  shall  hold  said  commission,  such  officer  shall  not  be  de- 

1Held  that  this  section  does  not  apply  to  the  position  of  Chief  of  the  Bureau 
of  Insular  Affairs.     (Bulletin  No.  4  (Dig.  Op.  J.  A.  G.),  Feb.  1,  1913.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  157 

tached  nor  permitted  to  remain  detached  from  such  troop,  battery,  or 
company,  for  duty  of  any  kind;  and  all  pay  and  allowances  shall  be 
forfeited  by  any  superior  for  any  period  during  which,  by  his  order, 
or  his  permission,  or  by  reason  of  his  failure  or  neglect  to  issue  or 
cause  to  be  issued  the  proper  order  or  instructions  at  the  proper  time, 
any  officer  shall  be  detached  or  permitted  to  remain  detached  in  vio- 
lation of  any  of  the  terms  of  this  proviso ;  but  nothing  in  this  proviso 
shall  be  held  to  apply  in  the  case  of  any  officer  for  such  period  as 
shall  be  actually  necessary  for  him,  after,  having  been  relieved  from 
detached  service,  to  join  the  troop,  battery,  or  company,  to  which  ho 
shall  belong  in  that  branch  in  which  he  shall  hold  a  permanent  com- 
mission, nor  shall  anything  in  this  proviso  be  held  to  apply  to  the 
detachment  or  detail  of  officers  for  duty  in  the  Judge  Advocate  Gen- 
oral's  Department  or  in  the  Ordnance  Department,  or  in  connection 
with  the  construction  of  the  Panama  Canal  until  after  such  canal 
shall  have  been  formally  opened,  or  in  the  Philippine  Constabulary 
until  the  first  day  of  January,  nineteen  hundred  and  fourteen,  or  to 
any  officer  detailed,  or  who  may  be  hereafter  detailed,  for  aviation 
duty.  And  hereafter  no  officer  holding  a  permanent  commission  in 
the  Army  with  rank  below  that  of  major  shall  be  detailed  as  assistant 
to  the  Chief  of  the  Bureau  of  Insular  Affairs  with  rank  of  colonel,  or 
as  commanding  officer  of  the  Porto  Eico  Eegiment  of  Infantry,  or  as 
chief  or  assistant  chief  (Director  or  Assistant  Director)  of  the  Phil- 
ippine Constabulary,  and  no  other  officers  of  the  Army  shall  here- 
after be  detailed  for  duty  with  the  said  Constabulary  except  as 
specifically  provided  by  law.1  Act  of  Aug.  #4, 1912  (37  Stat.  571). 

385.  Service  as  staff  officer. — That  hereafter,  in  determining  the 
eligibility,  under  the  provisions  of  the  Act  of  Congress  approved 
August  twenty-fourth,  nineteen  hundred  and  twelve,  of  troop,  bat- 
tery, or  company  officers  for  detail  as  officers  of  the  various  staff  corps 
and  departments  of  the  Army,  except  the  General  Staff  Corps,  service 
actually  performed  by  any  such  officer  with  troops  prior  to  December 
fifteenth,  nineteen  hundred  and  twelve,  as  a  regimental,  battalion,  or 
squadron  staff  officer,  shall  be  deemed  to  have  been  duty  with  a  bat- 
tery, company,  or  troop.    Act  of  Mar.  0, 1913  (37  Stat.  706). 

386.  Promotions  after  fourteen  years'1  service. — When  any  lieu- 
tenant of  the  Corps  of  Engineers  or  Ordnance  Corps  or  Signal  Corps 
has  served  fourteen  years'  continuous  service  as  lieutenant,  he  shall 
be  promoted  to  the  rank  of  captain,  on  passing  the  examination  pro- 
vided by  the  preceding  section,  but  such  promotion  shall  not  author- 
ize an  appointment  to  fill  any  vacancy,  when  such  appointment  would 
increase  the  whole  number  of  officers  in  the  corps  beyond  the  number 
fixed  by  law ;  nor  shall  any  officer  be  promoted  before  officers  of  the 
same  grade  who  rank  him  in  his  corps.    Sec.  1207 ',  R.  $.,  as  amended 
ly  sec.  7,  Act  of  Oct.  1, 1890  (26  Stat.  654). 

1  Also  included  in  par.  937,  and  see  par.  938 J,  post. 


158  MILITARY   LAWS   OF   THE   UNITED  STATES. 

387.  Disbursing    officers^    bonds. — All    officers    of    the    Quarter- 
master's, Subsistence,  and  Pay  Departments,  the  chief  medical  pur- 
veyor and  assistant  medical  purveyors,  and  all  store-keepers  shall, 
before  entering  upon  the  duties  of  their  respective  offices,  give  good 
and  sufficient  bonds  to  the  United  States,  in  such  sums  as  the  Sec- 
retary of  War  may  direct,  faithfully  to  account  for  all  public  moneys 
and  property  which  they  may  receive.    The  President  may,  tit  any 
time,   increase   the   sums   so   prescribed.     But   the   Quartermaster- 
General  shall  not  be  liable  for  any  money  or  property  that  may  come 
into  the  hands  of  the  subordinate  officers  of  his  department.1    Sec. 
1191,  R.  S. 

388.  Increase  of  bonds. — The  President  is  authorized,  if  in  his 
opinion  the  interest  of  the  United  States  requires  the  same,  to  regu- 
late and  increase  the  sums  for  which  bonds  are,  or  may  be,  required 
by  law,  of  all  district  attorneys,  collectors  of  customs,  naval  officers, 

1  Officers  of  the  Army  and  Navy  are  excepted  from  the  provisions  of  section 
3614,  Revised  Statutes,  which  require  all  special  agents  employed  by  the  heads 
of  the  several  Executive  Departments  in  the  disbursement  of  the  public  moneys 
to  give  bonds  in  such  form  and  with  such  security  as  such  heads  of  depart- 
ments may  approve.  This  section  does  not  apply  to  all  commissioned  officers  of 
the  Army  who  may  be  required  to  act  as  disbursing  officers,  but  to  such  only 
as  are  regularly  appointed  disbursing  officers  and  who  are  required,  as  such, 
to  give  bonds.  (Ex  parte  Randolph,  2  Brockenb rough,  447.  See  also  U.  S.  v. 
Kirkpatrick,  9  Wh.,  720;  U.  S.  v.  Vanzandt,  11  Wh.,  184;  Dox  v.  Postmaster- 
General,  1  Pet,  325;  U.  S.  v.  Linn,  15  Pet.,  290.) 

A  bond  to  the  United  States,  conditioned  that  a  property  and  disbursing 
officer  of  the  War  Department  shall  faithfully  discharge  his  duties  and  faith- 
fully account  for  public  money  and  property  committed  to  his  charge,  takes 
effect  on  the  day  when  it  is  accepted  by  the  Government,  and  is  to  be  regarded 
as  of  that  date.  (Moses  v.  U.  S.,  166  U.  S.,  571.)  A  surety  on  the  bond  of 
one  in  official  relation  with  the  Government  is  himself  in  contract  relation  with 
it,  and,  as  he  is  liable  to  be  sued  by  it,  he  has  the  right  to  sue  it  whenever  a 
balance  is  due  from  it  to  which,  on  the  principle  of  subrogation,  he  will  ulti- 
mately be  entitled.  (Shwarz  v.  U.  S.,  35  Ct.  Cls.,  303;  Behan  v.  U.  S.,  18  id., 
687,  110  U.  S.,  338 ;  Hitchcock  v.  U.  S.,  27  Ct.  Cls.,  185,  164  U.  S.,  227 ;  Pope  v. 
U.  S.,  14  id.,  446.)  No  jurisdiction  is  conferred  upon  the  Comptroller  of  the 
Treasury  to  render  a  decision,  at  the  request  of  the  head  of  a  department,  upon 
the  question  whether  the  filing  of  a  new  bond  relieves  the  sureties  on  a  prior 
bond  of  the  same  official  from  liability  after  the  date  of  the  new  bond,  such  a 
question  not  involving  a  payment  to  be  made  under  the  head  of  the  department. 
(Section  8,  act  of  July  31,  1894  (28  Stat,  20).) 

The  giving  of  bond  is  not  necessary  to  entitle  persons  appointed  to  office  in 
the  Army  requiring  the  disbursement  of  money,  to  begin  to  receive  pay;  they 
are  entitled,  like  other  officers,  to  be  paid  upon  the  acceptance  of  their  appoint- 
ments, according  to  par.  1448,  Army  Regulations,  whether  they  have  at  that 
time  furnished  their  bonds  or  not.  (XVI  Op.  Att.  Gen.,  38.)  The  expense 
incurred  by  an  officer  in  furnishing  the  bond  required  by  law  of  all  disbursing 
officers  of  the  Government,  is  not  a  proper  charge  against  the  Government,  even 
though  the  officer  serves  without  compensation.  (II  Comp.  Dec.,  262;  U.  S. 
v.  Van  Duzee,  140  U.  S.,  171.) 

Section  1191,  Revised  Statutes,  requires  bonds  only  of  certain  disbursing 
officers  specifically  named.  In  the  absence  of  any  express  provision  of  law,  pre- 
scribing that  bonds  shall  be  furnished  by  other  disbursing  officers,  the  Presi- 
dent, in  his  discretion,  and  for  the  better  security  of  the  public  funds,  may, 
through  the  head  of  the  proper  department,  require  such  bonds  to  be  furnished. 
(Dig.  Opin.  J.  A.  G.,  par.  544.) 

Bonds  may  be  required  by  the  Government  from  officers  appointed  to  places 
of  trust,  though  there  is  no  statutory  authority  to  take  such  bonds,  and  they 
will  be  valid  as  common-law  obligations.  In  a  bond  with  sureties,  given  by 


MILITARY   LAWS   OF   THE   UNITED   STATES.  159 

and  surveyors  of  customs,  navy  agents,  receivers  and  registers  of 
public  lands,  paymasters  in  the  Army,  Commissary-General,  and  by 
all  other  officers  employed  in  the  disbursement  of  the  public  moneys, 
under  the  direction  of  the  War  or  Navy  Departments.1  Sec.  3639, 
R.S. 

389.  Security  companies  as  sureties. — Whenever  any  recognizance, 
stipulation,  bond,  or  undertaking  conditioned  for  the  faithful  per- 
formance of  any  duty,  or  for  doing  or  refraining  from  doing  any- 
thing in  such  recognizance,  stipulation,  bond,  or  undertaking  speci- 
fied, is  by  the  laws  of  the  United  States  required  or  permitted  to  be 
given  with  one  surety  or  with  two  or  more  sureties,  the  execution  of 
the  same  or  the  guaranteeing  of  the  performance  of  the  condition 
thereof  shall  be  sufficient  when  executed  or  guaranteed  solely  by  a 
corporation  incorporated  under  the  laws  of  the  United  States  or  of 
any  State  having  power  to  guarantee  the  fidelity  of  persons  holding 

an  officer  of  the  Government,  it  is  sufficient  to  make  the  bond  valid  as  a  com- 
mon-law obligation  that  it  is  voluntarily  given  and  that  the  office  and  the  duties 
assigned  to  the  officer  and  covered  by  the  bond  are  duly  authorized  by  law. 
(U.  S.  v.  Tingey,  5  Pet,  115;  U.  S.  v.  Bradley,  10  id.,  343,  360;  U.  S.  v.  Rogers, 
28  Fed.  Rep.,  607;  VI  Opins.  At.  Gen.,  24.) 

A  bond  can  not  be  extended  beyond  the  period  of  the  original  obligation  so  as 
to  continue  to  bind  the  sureties,  without  their  consent.  Nor  can  an  expired 
bond  be  revived  so  as  to  bind  the  sureties  without  their  consent.  The  Secre- 
tary of  War  (or  President)  has  no  power  to  release  the  sureties  in  an  official 
bond  from  their  liability  to  the  United  States.  (VII  Opins.  At.  Gen.,  62.)  A 
neglect  by  the  Government  to  institute  suit  on  a  bond  does  not  discharge  the 
sureties;  laches  not  being  in  such  cases  imputable  to  the  United  States.  (U.  S. 
v.  Kirkpa trick,  9  Wheat,  720;  id.,  par.  549.) 

One  of  two  (or  several)  sureties  can  not  withdraw  independently  from  his 
obligation;  and  if  allowed  to  do  so  by  the  obligee,  the  other  surety  (or  sureties) 
will  be  released  as  to  him.  But  the  Secretary  of  War  is  not  empowered  to 
release  the  sureties  on  a  disbursing  officer's  bond.  (Id.,  par.  554.) 

The  law  of  the  place  at  which  a  contract  is  made  governs  as  to  its  interpreta- 
tion, except  where  the  contract  is  to  be  performed  elsewhere,  in  which  case  the  law 
that  governs  in  this  respect  is  the  law  of  the  place  of  performance.  An  official 
bond,  made  to  the  United  States,  wherever  actually  signed,  is — as  has  been  held 
by  the  Supreme  Court — a  contract  made  and  to  be  performed  at  Washington: 
and  by  the  laws  of  the  District  of  Columbia  the  contract  of  a  married  woman 
as  surety  is  not  binding.  Moreover,  it  is  not  the  practice  of  the  War  Depart- 
ment to  accept  a  feme  covert  as  a  surety,  and  before  a  female  surety  will  be 
accepted  she  is  required  to  make  oath  that  she  is  single  in  addition  to  justify- 
ing as  required  of  other  sureties.  (Id.,  par.  550.) 

If  after  the  execution  of  a  bond  a  material  change  be  made  in  the  name  or 
description  of  the  principal,  by  erasure,  interlineation,  or  otherwise,  without 
the  assent  of  the  sureties  or  a  surety,  even  though  such  change  be  made  to 
correct  a  mistake,  the  surety  or  sureties  not  consenting  will  be  released.  In  a 
case  of  such  an  alteration,  recommended  that  a  new  bond  be  required.  (Id., 
par.  555.  See,  also,  id.,  paragraphs  554-560.) 

While  department  regulations  duly  promulgated  have  the  force  of  law,  in  a 
limited  sense,  they  can  not  enlarge  or  restrict  the  liability  of  an  officer  on  his 
bond.  (Meads  v.  U.  S.,  81  Fed.  Rep.,  684.) 

(See,  also,  in  connection  with  this  subject  the  chapters  entitled  Treasury  De- 
partment, Department  of  Justice,  Quartermaster  Corps,  Medical  Corps,  and 
contracts  and  purchases.) 

*The  Government  has  the  power,  through  the  head  of  a  department,  to  take  a 
bond  from  a  disbursing  officer,  though  there  is  no  law  or  general  regulation 
requiring  it;  and  a  bond  is  none  the  less  a  voluntary  bond  because  demanded 
by  the  superior  officer,  if  not  illegally  extorted.  (Moses  v.  U.  S.,  166  U.  S.,  571.) 


160  MILITARY    LAWS   OF   THE   UNITED  STATES. 

positions  of  public  or  private  trust,  and  to  execute  and  guarantee 
bonds  and  undertakings  in  judicial  proceedings:  Provided,  That 
such  recognizance,  stipulation,  bond,  or  undertaking  be  approved 
by  the  head  of  department,  court,  judge,  officer,  board,  or  body  ex- 
ecutive, legislative,  or  judicial  required  to  approve  or  accept  the 
same.  But  no  officer  or  person  having  the  approval  of  any  bond 
shall  exact  that  it  shall  be  furnished  by  a  guarantee  company  or 
by  any  particular  guarantee  company.1  Act  of  Aug.  13,  1894  (%8 
Stat.  279). 

390.  Same — Agents  to  ~be  appointed. — No  such  company  shall  do 
business  under  the  provisions  of  this  act  beyond  the  limits  of  the 
State  or  Territory  under  whose  laws  it  was  incorporated  and  in 
which  its  principal  office  is  located  nor  beyond  the  limits  of  the  Dis- 
trict of  Columbia,  when  such  company  was  incorporated  under  its 
laws  or  the  laws  of  the  United  States  and  its  principal  office  is 
located  in  said  District,  until  it  shall,  by  a  written  power  of  attorney, 
appoint  some  person  residing  within  the  jurisdiction  of  the  court  for 

1  Execution,  sealing,  etc. — The  bond  should  of  course  be  executed  by  all  the 
parties — obligor  and  sureties.  It  has  been  held  by  the  United  States  Supreme 
Court  that  an  official  bond,  though  without  seals,  may  be  good  as  a  contract  at 
common  law.  To  avoid,  however,  any  questions  that  might  arise  from  the 
absence  of  a  seal,  advised  (February,  1868)  that  formal  seals  "of  wax  or  other 
adhesive  substance,"  be  in  all  cases  required  to  be  affixed  by  the  subscribing 
parties.  (Dig.  Opin.,  J.  A.  G.,  par.  534,  edition  of  1901.) 

A  bond  given  by  a  disbursing  officer  of  the  Army  (or  any  bond  required  by 
the  War  Department)  wherein  the  Secretary  of  War  is  made  the  obligee,  is  in 
incorrect  form.  The  obligee  should  be — The  United  States  of  America.  (Id., 
par.  542.) 

A  bond  should  of  course  be  dated,  but  the  omission  of  the  date  will  not  affect 
the  validity  of  the  instrument,  as  the  true  date  of  execution  can  be  proved 
aliunde,  in  the  event  of  a  suit  on  the  bond.  (Id.,  par.  543.) 

The  seal  of,  both  obligor  and  sureties  must  be  a  formal  one,  of  wafer,  wax, 
or  other  adhesive  substance.  A  mere  scroll  made  with  the  pen  is  not  accepted 
as  a  substitute  for  a  seal  in  the  WTar  Department.  A  corporation  obligor  should 
affix  its  corporate  seal  if  it  has  one.  But  the  fact  that  a  corporation  has  not 
adopted  a  corporate  seal  will  not  affect  the  validity  of  its  execution  of  a  bond 
in  which  it  is  principal  or  surety,  provided  some  form  of  seal  be  added  to  its 
signature.  A  corporation  may  make  and  use  any  seal,  in  its  discretion,  in  the 
same  manner  as  a  private  individual.  (Id.,  par.  544.) 

Justification  of  sureties. — Of  two  or  more  sureties  to  an  official  bond,  each, 
according  to  the  regulation,  should  justify  separately ;  a  justification  in  joint 
form  is  irregular  and  improper.  An  affidavit  of  justification  should  properly 
be  expressed  in  the  first  person;  not  in  the  third.  (Id.,  par.  540.) 

The  affidavit  of  justification  of  a  surety  should  be  dated,  so  that  it  may  ap- 
pear when  he  was  worth  the  amount  specified.  The  names  of  the  sureties  in 
the  justification  should  be  identical  with  those  inserted  in  the  body  of  the 
bond.  Their  names  should  not  be  omitted  to  be  recited  in  the  bond  with  the 
name  of  the  principal.  ( Id.,  par.  551. ) 

The  affidavit  of  justification  should  be  taken  before  some  officer,  like  a  notary 
public,  having  authority  to  administer  oaths  for  general  purposes  and  whose 
official  character  is  authenticated  by  his  seal.  Under  section  19  of  act  of  Con- 
gress of  May  28,  1896  (29  Stat,  184),  United  States  commissioners  and  all 
clerks  of  United  States  courts  are  authorized  to  administer  oaths  generally. 
(3  Comp.  Dec.,  65.)  But  as  the  justification  is  no  part  of  the  bond,  and  the 
administration  of  the  oath  by  an  official  not  competent  to  administer  it  does 
not  affect  the  validity  of  the  bond,  the  irregularity  of  the  justification,  where 
there  is  nothing  to  show  that  the  oath  was  not  taken  in  good  faith  by  the 


MILITARY   LAWS   OF   THE   UNITED   STATES.  161 

the  judicial  district  wherein  such  suretyship  is  to  be  undertaken, 
who  shall  be  a  citizen  of  the  State,  Territory,  or  Disl  ict  of  Colum- 
bia, wherein  such  court  is  held,  as  its  agent,  upon  whom  may  be 
served  all  lawful  process  against  such  company,  and  who  shall  be 
authorized  to  enter  an  appearance  in  its  behalf.  A  copy  of  such 
power  of  attorney,  duly  certified  and  authenticated,  shall  be  filed 
with  the  clerk  of  the  district  court  of  the  United  States  for  such 
district  at  each  place  where  a  term  of  such  court  is  or  may  be  held, 
which  copy,  or  a  certified  copy  thereof,  shall  be  legal  evidence  in  alj 
controversies  arising  under  this  act.  If  any  suclx  agent  shall  be 
removed,  resign,  or  die,  become  insane,  or  otherwise  incapable  of  act- 
ing, it  shall  be  the  duty  of  such  company  to  appoint  another  agent 
in  his  place,  as  hereinbefore  prescribed,  and  until  such  appointment 
shall  have  been  made,  or  during  the  absence  of  any  agent  of  such 
company  from  such  district,  service  of  process  may  be  upon  the  clerk 
of  the  court  wherein  such  suit  is  brought,  with  like  effect  as  upon  an 
agent  appointed  by  the  company.  The  officer  executing  such  process 

surety,  may  be  waived  by  the  Secretary  of  War,  and  in  practice  it  is  now  (May, 
1893)  waived,  and  the  bond  accepted  if  otherwise  valid.  And  in  case  where 
the  seal  of  the  notary  was  omitted,  recommended  that  the  instrument  be  re- 
turned to  have  the  seal  impressed  upon  the  certificate,  for  the  purpose  of  such 
authentication,  which  would  be  wanting  without  it.  (Id.,  par.  553.) 

Sureties. — The  obligation  of  each  surety  must  be  for  the  whole  amount  of 
the  penalty;  the  regulation  requiring  that  the  sureties  "shall  be  jointly  and 
severally  bound  for  the  whole  amount  of  the  bond."  So,  where  the  penalty 
in  a  quartermaster's  joint  and  several  official  bond  was  $10,000,  and  the  sureties, 
in  executing  the  same,  assumed  to  be  bound  only  in  the  sum  of  $5,000  each, 
the  words  "  for  five  thousand  dollars  "  being  written  under  each  signature — 
held  that  the  instrument  was  contradictory,  did  not  conform  to  the  regula- 
tions, and  should  not  be  accepted.  And  similarly  held  in  a  case  of  a  bond  with 
a  penalty  of  $40,000,  where  the  sureties  wrote  opposite  their  signatures,  respec- 
tively, "for  $35,000,"  "for  $5,000."  Sureties  can  not  qualify  their  obligation 
by  thus  limiting  their  personal  liabilities.  (Id.,  par.  535.) 

There  is  no  statute  or  regulation  prohibiting  an  officer  of  the  Army  from 
acting  as  a  surety  on  the  official  bond  of  another  officer.  Such  a  relation,  how- 
ever, is  not  one  to  be  favored.  (Id.,  par.  536.) 

Paragraph  572  of  the  Regulations  contemplates  plural  sureties  with  bonds  of 
disbursing  officers.  A  justification  of  a  surety,  however,  is  no  part  of  the 
bond,  and  as  the  object  of  the  justification  is  to  satisfy  the  Secretary  of  War 
that  the  surety  is  good  for  double  the  penalty,  the  Secretary,  where  amply 
satisfied  that  one  certain  person  offered  or  executing  as  surety  is  pecuniarily 
sufficient  for  such  amount,  would  be  authorized  to  accept  him  (on  his  properly 
justifying)  as  sole  surety,  and  to  waive  any  further  surety  or  sureties  with 
the  instrument.  A  subordinate  of  course  can  have  no  such  authority.  In  view, 
however,  of  the  terms  of  the  regulation  and  of  the  practice  under  it,  this 
authority  would  of  course  most  rarely  be  exercised  in  cases  of  disbursing 
officers'  bonds.  (Id.,  par.  537.) 

A  captain  of  the  commissary  department  having  given  bond  in  a  penalty  of 
$12,000,  one  of  his  sureties  deceased.  Paragraph  563,  Army  Regulations,  1895, 
prescribes  that  "  the  sureties  to  bonds  given  by  disbursing  officers  shall  be 
bound  jointly  and  severally."  The  officer  offered  a  new  bond  with  one  surety 
in  a  penalty  of  $6,000.  Held  that  such  security  would  not  be  legally  sufficient, 
but  that  a  new  joint  and  several  bond  in  the  penalty  of  $12,000  would  be  re- 
quired. (Id.,  par.  552.) 

For  opinions  respecting  security  companies  as  sureties  see  Dig.  Opin.,  J.  A.  G., 
pars.  596-602,  edition  of  1901. 

48985°— 15 11 


162  MILITARY   LAWS   OF   THE   UNITED  STATES. 

upon  such  clerk  shall  immediately  transmit  a  copy  thereof  by  mail 
to  the  company,  and  state  such  fact  in  his  return.  A  judgment, 
decree,  or  order  of  a  court  entered  or  made  after  service  of  process  as 
aforesaid  shall  be  as  valid  and  binding  on  such  company  as  if  served 
with  process  in  said  district.  Sec.  2,  id. 

391.  Same — Companies  to  deposit  copy  of  charter,   etc. — Every 
company,   before   transacting   any   business   under   this   Act,    shall 
deposit  with  the  Secretary  of  the  Treasury  of  the  United  States  a 
copy  of  its  charter  or  articles  of  incorporation,  and  a  statement, 
signed  and  sworn  to  by  its  president  and  secretary,  showing  its  assets 
and  liabilities.    If  the  said  Secretary  of  the  Treasury  shall  be  satis- 
fied that  such  company  has  authority  under  its  charter  to  do  the 
business  provided  for  in  this  Act,  and  that  it  has  a  paid-up  capital 
of  not  less  than  two  hundred  and  fifty  thousand  dollars,  in  cash  or  its 
equivalent,  and  is  able  to  keep  and  perform  its  contracts,  he  shall 
grant  authority  in  writing  to  such  company  to  do  business  under  this 
Act.    Act  of  Mar.  23, 1910  (36  Stat.  241). 

392.  Same — Companies  to  file  quarterly  statement. — Every  such 
company  shall,  in  the  months  of  January,  April,  July,  and  October 
of  each  year,  file  with  the  said  Secretary  of  the  Treasury  a  statement, 
signed  and  sworn  to  by  its  president  and  secretary  showing  its  assets 
and  liabilities,  as  is  required  by  section  three  of  this  Act.     And  the 
said  Secretary  of  the  Treasury  shall  have  the  power,  and  it  shall  be 
his  duty,  to  revoke  the  authority  of  any  such  company  to  transact 
any  new  business  under  this  Act  whenever  in  his  judgment  such 
company  is  not  solvent  or  is  conducting  its  business  in  violation  of 
this  Act.     He  may  institute  inquiry  at  any  time  into  the  solvency  of 
said  company  and  may  require  that  additional  security  be  given  at 
any  time  by  any  principal  when  he  deems  such  company  no  longer 
sufficient  security.     Id. 

393.  Same — United  States  shall  not  pay  premium  of  bond  for 
officer  or  employee. — Until  otherwise  provided  by  law  no  bond  shall 
be  accepted  from  any  surety  or  bonding  company  for  any  officer  or 
employee  of  the  United  States  which  shall  cost  more  than  thirty-five 
per  centum  in  excess  of  the  rate  of  premium  charged  for  a  like  bond 
during  the  calendar  year  nineteen  hundred  and  eight:  Provided, 
That  hereafter  the  United  States  shall  not  pay  any  part  of  the 
premium  or  other  cost  of  furnishing  a  bond  required  by  law  or  other- 
wise of  any  officer  or  employee  of  the  United  States.    Act  of  Aug. 
5,1909  (36  Stat.  125). 

[See  Circular  85,  War  Department,  1909.] 

394.  Bonds   to   ~be  examined  at   certain   times. — Hereafter  every 
officer  required  by  law  to  take  and  approve  official  bonds  shall  cause 
the  same  to  be  examined  at  least  once  every  two  years  for  the  purpose 
of  ascertaining  the  sufficiency  of  the  sureties  thereon;  and  every 


MILITARY   LAWS   OF    THE   UNITED   STATES.  163 

officer  having  power  to  fix  the  amount  of  an  official  bond  shall  ex- 
amine it  to  ascertain  the  sufficiency  of  the  amount  thereof  and 
approve  or  fix  said  amount  at  least  once  in  two  years  and  as  much 
oftener  as  he  may  deem  it  necessary.1  Sec.  5,  Act  of  Mar.  2,  1895 
(28  Stat.  807). 

395.  Bonds  to  be  reviewed. — Hereafter  every  officer  whose  duty  it 
is  to  take  and  approve  official  bonds  shall  cause  all  such  bonds  to  be 
renewed  every  four  years  after  their  dates,  but  he  may  require  such 
bonds  to  be  renewed  or  strengthened  oftener  if  he  deem  such  action 
necessary.     In  the  discretion  of  such  officer  the  requirement  of  a  new 
bond  may  be  waived  for  the  period  of  service  of  a  bonded  officer  after 
the  expiration  of  a  four-year  term  of  service  pending  the  appoint- 
ment and  qualification  of  his  successor.2    Id,  808. 

396.  Liability  of  sureties. — The  nonperformance  of  any  require- 
ment of  this  section  on  the  part  of  any  official  of  the  Government 
shall  not  be  held  to  affect  in  any  respect  the  liability  of  principal  or 
sureties  on  any  bond  made  or  to  be  made  to  the  United  States :  Pro- 
vided further,  That  the  liability  of  the  principal  and  sureties  on  all 
official  bonds  shall  continue  and  cover  the  period  of  service  ensuing 
until    the   appointment   and   qualification   of   the    successor   of   the 
principal :  And  provided  further,  That  nothing  in  this  section  shall 
be  construed  to  repeal  or  modify  section  thirty-eight  hundred  and 
thirty-six  of  the  Revised  Statutes  of  the  United  States.    Id. 

397.  Where   deficiency  is   discovered. — Hereafter,   whenever    any 
deficiency  shall  be  discovered  in  the  accounts  of  any  official  of  the 
United  States,  or  of  any  officer  disbursing  or  chargeable  with  public 
money,  it  shall  be  the  duty  of  the  accounting  officers  making  such 
discovery  to  at  once  notify  the  head  of  the  Department  having  con- 
trol over  the  affairs  of  said  officer  of  the  nature  and  amount  of  said 
deficiency,  and  it  shall  be  the  immediate  duty  of  said  head  of  De- 
partment to  at  once  notify  all  obligors  upon  the  bond  or  bonds  of 
such  official  of  the  nature  of  such  deficiency  and  the  amount  thereof. 
Said  notification  shall  be  deemed  sufficient  if  mailed  at  the  post-office 
in  the  city  of  Washington,  District  of  Columbia,  addressed  to  said 
sureties  respectively,  and  directed  to  the  respective  post-offices  where 
said  obligors  may  reside,  if  known;  but  a  failure  to  give  or  mail 
such  notice  shall  not  discharge  the  surety  or  sureties  upo£  such  bond.3 
Act  of  Aug.  8, 1888  (25  Stat.  387). 

1  United  States  district  attorneys  are  not  required  or  authorized  to  make  the 
examination  into  the  sufficiency  of  the  sureties  on  official  bonds  required  by  sec- 
tion 5  of  the  act  of  March  2,  1895  (28  Stat.  807). 

2  The  expenses  incurred  by  an  officer  in  furnishing  the  bond  required  by  law 
of  all  disbursing  officers  of  the  Government  is  not  a  proper  charge  against  the 
Government,  even  though  the  officer  serves  without  compensation.     (II  Comp. 
Dec.,  202,  see  par.  396.) 

3  For  instructions  respecting  the  recovery  of  balances  due  the  United  States 
on  final  settlements  of  bonded  officers,  see  Vol.  V,  Comptrollers'  Decisions,  pp. 


164  MILITARY   LAWS   OF   THE   UNITED  STATES. 

398.  When  sureties  are  released. — If,  upon  the  statement  of  the 
account  of  any  official  of  the  United  States,  or  of  any  officer  disburs- 
ing or  chargeable  with  public  money,  by  the  accounting  officers  of  the 
Treasury,  it  shall  thereby  appear  that  he  is  indebted  to  the  United 
States,  and  suit  therefor  shall  not  be  instituted  within  five  years 
after  such  statement  of  said  account,  the  sureties  on  his  bond  shall 
not  be  liable  for  such  indebtedness.1    Sec.  2,  id. 

399.  Duties  of  disbursing  officers  as  to  public  money. — It  shall  be 
the  duty  of  every  disbursing  officer  having  any  public  money  in- 
trusted to  him  for  disbursement  to  deposit  the  same  with  the  Treas- 
urer or  some  one  of  the  assistant  treasurers  of  the  United  States,  and 
to  draw  for  the  same  only  as  it  may  be  required  for  payments  to  be 
made  by  him  in  pursuance  of  law  [and  draw  for  the  same  only  in 
favor  of  the  persons  to  whom  payment  is  made]  ;  and  all  transfers 
from  the  Treasurer  of  the  United  States  to  a  disbursing  officer  shall 
be  by  draft  or  warrant  on  the  Treasury  or  an  assistant  treasurer 
of  the  United  States.    Sec.  3620,  R.  S. 

(See,  however,  par.  184,  ante;  see  also  sec.  87,  Criminal  Code  (par.  419,  post, 
and  par.  592,  post).  For  provision  of  law  requiring  every  disbursing  officer 
annually  on  the  30th  of  June  to  make  report  to  the  Secretary  of  the  Treasury 
of  all  checks  issued  by  him  which  may  have  been  outstanding  for  three  years 
and  more,  see  par.  183,  ante.) 

400.  Disbursing  officers,  etc.,  to  deposit  funds. — Every  person  who 
shall  have  moneys  of  the  United  States  in  his  hands  or  possession, 
and  disbursing  officers  having  moneys  in  their  possession  not  required 
for  current  expenditure,  shall  pay  the  same  to  the  Treasurer,  an 
assistant  treasurer,  or  some  public  depositary  of  the  United  States, 
without  delay,  and  in  all  cases  within  thirty  days  of  their  receipt. 
And  the  Treasurer,  the  assistant  treasurer,  or  the  public  depositary 
shall  issue  duplicate  receipts  for  the  moneys  so  paid,  transmitting 
forthwith  the  original  to  the  Secretary  of  the  Treasury,  and  deliver- 
ing the  duplicate  to  the  depositor:  Provided,  That  postal  revenue 
and  debts  due  to  the  Post-Office  Department  shall  be  paid  into  the 
Treasury  in  the  manner  now  required  by  law.2    Sec.  3621,  R.  S. 

988-990;  for  methods  of  keeping  and  rendering  accounts  by  disbursing  officers 
not  under  bond,  see  id.,  pp.  990-991. 

The  regulations  of  the  Treasury  Department  are  imperative,  and  expressly 
prohibit  the  transfer  of  funds  of  any  character  for  which  an  officer  is  account- 
able from  one  bond  to  another,  and  when  this  regulation  is  violated  it  becomes 
necessary  for  the  officer  to  deposit  the  sum  transferred  as  a  credit  to  his  first 
bond,  or  else  procure  the  admission  of  the  sureties  on  the  second  bond  that  the 
officer  actually  had  the  sum  in  hand  when  it  was  executed,  and  that  they  are 
liable  on  said  bond  for  the  same.  (3  Dig.  Conip.  Dec.,  13.  See  also  U.  S.  v. 
McLane.  74  Fed.  Rep.,  153 ;  U.  S.  v.  Wade,  75  id.,  261. ) 

1  For  statutory  provisions  respecting  distress  warrants,  see  the  chapter  en- 
titled The  Treasury  Department. 

2  In  accordance  with  the  provisions  of  the  above  sections  any  public  money 
advanced  to  disbursing  officers  of  the  United  States  must  be  deposited  immedi- 
ately to  their  respective  credits,  with  either  the  United  States  Treasurer,  some 


MILITARY   LAWS  OF   THE   UNITED   STATES.  165 

401.  Exchanges  of  funds  restricted. — No  exchange  of  funds  shall 
be  made  by  any  disbursing  officer  or  agent  of  the  Government,  of  any 

assistant  treasurer,  or  by  special  direction  of  the  Secretary  of  the  Treasury 
with  a  national  bank  depositary  nearest  or  most  convenient,  except — 

(1)  Any  disbursing  officer  of  the  War  Department  specially  authorized  by  the 
Secretary  of  War,  when  stationed  on  the  extreme  frontier  or  at  places  far  re- 
mote from  such  depositaries,  may  keep,  at  his  own  risk,  such  moneys  as  may  be 
intrusted  to  him  for  disbursement. 

(2)  Any  officer  receiving  money  remitted  to  him  upon  specific  estimates  may 
disburse  it  accordingly,  without  waiting  to  place  it  in  a  depositary,  provided 
the  payments  are  due  and  he  prefers  this  method  to  that  of  drawing  checks. 
(Treas.  Circ.  of  1897.     G.  O.  53,  A.  G.  O.,  1897.) 

Every  disbursing  officer,  when  opening  his  first  account,  before  issuing  any 
checks,  will  furnish  the  depositary  on  whom  checks  are  drawn  with  his  official 
signature  duly  verified  by  some  officer  whose  signature  is  known  to  the  de- 
positary. (Id.) 

Any  check  drawn  by  a  disbursing  officer  upon  moneys  thus  deposited  must  be 
in  favor  of  the  party,  by  name,  to  whdtn  the  payment  is  to  be  made,  and  pay- 
able to  "  order,"  or  "  bearer,"  with  these  exceptions: 

(1)  To  make  payments  of  individual  pensions,  checks  for  which  must  be  made 
payable  to  "  order,"  (2)  to  make  payments  of  amounts  not  exceeding  twenty  dol- 
lars, (3)  to  make  payments  at  a  distance  from  a  depositary,  and  (4)  to  make 
payments  of  fixed  salaries  due  at  a  certain  period;  in  either  of  which  cases 
except  the  first,  any  disbursing  officer  may  draw  his  check  in  favor  of  himself, 
or  "  order,"  or  "  bearer,"  for  such  amount  as  may  be  necessary  for  such  pay- 
ment, but  in  the  last-named  case  the  check  must  be  drawn  not  more  than  two 
days  before  the  salaries  become  due. 

Any  disbursing  officer  or  agent  drawing  checks  on  moneys  deposited  to  his 
official  credit,  must  state  on  the  face  or  back  of  each  check  the  object  or  pur- 
pose to  which  the  avails  are  to  be  applied,  except  upon  checks  issued  in  pay- 
ment of  individual  pensions,  the  special  form  of  such  checks  indicating  suffi- 
ciently the  character  of  disbursement.  If  the  object  or  purpose  for  which  any 
check  of  a  public  disbursing  officer  is  drawn  is  not  stated  thereon,  as  required, 
or  if  any  reason  exists  for  suspecting  fraud,  the  office  or  bank  on  which  such 
check  is  drawn  will  refuse  its  payment. 

Such  statement  may  be  made  in  brief  form,  but  must  clearly  indicate  the 
object  of  the  expenditure,  as,  for  instance,  "  pay,"  "  pay  roll,"  or  "  payment  of 
troops,"  adding  the  fort  or  station ;  "  purchase  of  subsistence  "  or  other  supplies ; 
''•  on  account  of  construction,"  mentioning  the  fortification  or  other  public  work 
for  which  the  payment  is  made ;  "  payments  under  $20,"  etc. 

Checks  will  not  be  returned  to  the  drawer  after  their  payment,  but  the  de- 
positary with  whom  the  account  is  kept  shall  furnish  the  officer  with  a  monthly 
statement  of  his  deposit  account.  (Id.) 

No  allowance  will  be  made  to  any  disbursing  officer  for  expenses  charged  for 
collecting  money  on  checks. 

Whenever  any  disbursing  officer  of  the  United  States  shall  cease  to  act  hi 
that  capacity  he  will  at  once  inform  the  Secretary  of  the  Treasury  whether  he 
has  any  public  funds  to  his  credit  in  any  office  or  bank,  and,  if  so,  what  checks 
if  any,  he  has  drawn  against  the  same,  which  are  still  outstanding  and  unpaid! 
Until  satisfactory  information  of  this  character  shall  have  been  furnished,  the 
whole  amount  of  such  moneys  will  be  held  to  meet  the  payment  of  his  checks 
properly  payable  therefrom. 

In  case  of  the  death,  resignation,  or  removal  of  any  disbursing  officer,  checks 
previously  drawn  by  him  will  be  paid  from  the  funds  to  his  credit,  unless  such 
checks  have  been  drawn  more  than  four  months  before  their  presentation,  or 
reasons  exist  for  suspecting  fraud.  Any  check  previously  drawn  by  him  and 
not  presented  for  payment  within  four  months  of  its  date  will  not  be  paid  until 
its  correctness  shall  have  been  attested  by  the  Secretary  or  Assistant  Secretary 
of  the  Treasury.  (Id.) 

Deposits  to  the  credit  of  the  Tren  surer  of  the  United  States  on  account  of 
repayment  of  disbursing  funds  must  be  made  with  the  officer  or  bank  in  which 
such  funds  jtre  to  the  credit  of  the  disbursing  officer.  (Id.) 

For  every  deposit  made  by  a  disbursing  officer,  to  his  official  credit,  a  receipt 
in  form  as  below  shall  be  given,  setting  forth  its  serial  number  and  the  place 


166  MILITARY   LAWS   OF   THE   UNITED  STATES. 

grade  or  denomination  whatsoever,  or  connected  with  any  branch  of  the 
public  service,  other  than  an  exchange  for  gold,  silver,  United  States 
notes  and  national-bank  notes ;  and  every  such  disbursing  officer,  when 
the  means  for  his  disbursements  are  furnished  to  him  in  gold,  silver, 
United  States  notes,  or  national-bank  notes,  shall  make  his  payments 
in  the  money  so  furnished;  or  when  they  are  furnished  to  him  in 
drafts,  shall  cause  those  drafts  to  be  presented  at  their  place  of  pay- 
ment, and  properly  paid  according  to  law,  and  shall  make  his  pay- 
ments in  the  money  so  received  for  the  drafts  furnished,  unless,  in 
either  case,  he  can  exchange  the  means  in  his  hands  for  gold  and  silver 
at  par.  And  it  shall  be  the  duty  of  the  head  of  the  proper  Depart- 
ment immediately  to  suspend  from  duty  any  disbursing  officer  or  agent 
who  violates  the  provisions  of  this  section,  and  forthwith  to  report 
the  name  of  the  officer  or  agent  to  the  President,  with  the  fact  of  the 
violation,  and  all  the  circumstances  accompanying  the  same,  and 
within  the  knowledge  of  the  Secretary,  to  the  end  that  such  officer 
or  agent  may  be  promptly  removed  from  office  or  restored  to  his  trust 
and  the  performance  of  his  duties,  as  the  President  may  deem  just 
and  proper.  Sec.  3651,  R.  S. 

402.  Premiums  on  sales  to  be  accounted  for. — No  officer  of  the 
United  States  shall,  either  directly  or  indirectly,  sell  or  dispose  of 
to  any  person,  for  a  premium,  any  Treasury  note,  draft,  warrant,  or 
other  public  security,  not  his  private  property,  or  sell  or  dispose  of 
the  avails  or  proceeds  of  such  note,  draft,  warrant,  or  security,  in 
his  hands  for  disbursement,  without  making  return  of  such  premium, 
and  accounting  therefor  by  charging  the  same  in  his  accounts  to  the 
credit  of  the  United  States;  and  any  officer  violating  this  section 
shall  be  forthwith  dismissed  from  office.  Sec.  3652,  R.  S. 

and  date  of  issue ;  the  title  of  each  officer  shall  be  expressed,  and  tho  title  of 
the  disbursing  account  shall  also  show  for  what  branch  of  the  public  service  the 
account  is  kept,  as  it  is  essential  for  the  proper  transaction  of  departmental 
business  that  accounts  of  moneys  advanced  from  different  bureaus  to  a  disburs- 
ing officer  serving  in  two  or  more  distinct  capacities  be  kept  separate  and  dis- 
tinct from  each  other,  and  be  so  reported  to  the  department  both  by  the  officer 
and  the  depositary,  the  receipt  to  be  retained  by  the  officer  in  whose  favor  it  is 
issued : 

No. .  Office  of  the  U.  S.  (Assistant  Treasurer  or  Depositary), 

, ,  189—. 

Received  of ,  -       —  dollars,  consisting  of  -       — ,  to  be  placed  to  his 

credit  as  —     — ,  and  subject  only  to  his  check  in  that  official  capacity. 

United  States  (Assistant  Treasurer  or  Depositary.) 

These  regulations  are  intended  to  supersede  those  of  August  24,  1876.  (See 
G.  O.  53,  A.  G.  O.,  1897.) 

A  disbursing  officer  who  deposits  money  in  a  bank,  not  designated  as  a  de- 
positary in  accordance  with  the  requirements  of  sections  3620  and  3639  of  the 
Revised  Statutes,  is  liable,  with  his  sureties,  for  any  loss  that  may  arise  from 
the  failure  of  said  bank.  (XX  Opin.  Att.  Gen.,  24.) 

(See  par.  417  as  to  funds  received  as  the  value  of  stores  transferred  to  the 
Philippine  government.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  167 

403.  Proceeds  of  sales. — The  gross  amount  of  all  moneys  received 
from  whatever  source  for  the  use  of  the  United  States,  except  as 
otherwise  provided  in  the  next  section,  shall  be  paid  by  the  officer  or 
agent  receiving  the  same  into  the  Treasury,  at  as  early  a  day  as  prac- 
ticable, without  any  abatement  or  deduction  on  account  of  salary, 
fees,  costs,  charges,  expenses,  or  claim  of  any  description  whatever. 
But  nothing  herein  shall  affect  any  provision  relating  to  the  revenues 
of  the  Post-Office  Department.    Sec.  3617,  R.  S. 

(See  remarks  which  follow  par.  404.  On  the  general  question  of  the  disposi- 
tion to  be  made  of  the  proceeds  of  sale  see  A.  R.  1913,  pars.  617-19.) 

404.  Proceeds  of  sales  of  materials. — All  proceeds  of  sales  of  old 
material,  condemned  stores,  supplies,  or  other  public  property  of  any 
kind,  except  the  proceeds  of  the  sale  or  leasing  of  marine  hospitals, 
or  of  the  sales  of  revenue-cutters,  o*r  of  the  sales  of  commissary  stores 
to  the  officers  and  enlisted  men  of  the  Army,  or  of  materials,  stores, 
or  supplies  sold  to  officers  or  soldiers  of  the  Army,  or  of  the  sale  of 
condemned  Navy  clothing,  or  of  sales  of  materials,  stores,  or  supplies 
to  any  exploring  or  surveying  expedition  authorized  by  law,  shall  be 
deposited  and  covered  into  the  Treasury  as  miscellaneous  receipts,  on 
account  of  "  proceeds  of  Government  property,"  and  shall  not  be 
withdrawn  or  applied,  except  in  consequence  of  a  subsequent  appro- 
priation made  by  law.1    Sec.  3618,  R.  S. 

(See  note  to  par.  406.) 

405.  Proceeds  of  certain  sales,  etc.,  of  materials. — All  moneys  re- 
ceived from  the  leasing  or  sale  of  marine  hospitals,  or  the  sale  of 
revenue  cutters,  or  from  the  sale  of  commissary  stores  to  the  officers 
and  enlisted  men  of  the  Army,  [or  from  the  sale  of  materials,  stores, 
or  supplies  sold  to  officers  and  soldiers  of  the  Army,]  or  from  sales 
of  condemned  clothing  of  the  Navy,  or  from  sales  of  materials,  stores, 
or  supplies  to  any  exploring  or  surveying  expedition  authorized  by 
law,  shall  respectively  revert  to  that  appropriation  out  of  which  they 
were  originally  expended,  and  shall  be  applied  to  the  purposes  for 
which  they  are  appropriated  by  law.2     Sec.  3692,  R.  S. 

(See  note  to  par.  406.) 

1  Under  section  3618  of  the  Revised  Statutes,  all  proceeds  of  sales  of  old  mate- 
rial, condemned  stores,  supplies,  or  other  public  property  of  any  kind,  with 
certain  specified  exceptions,  are  to  be  deposited  and  covered  into  the  Treasury 
as  miscellaneous  receipts  on  account  of  "  proceeds  of  Government  property,"  and 
are  not  to  be  withdrawn  or  applied,  except  in  consequence  of  a  subsequent  appro- 
priation made  by  law.     (3  Dig.  2d  Comp.  Dec.,  1249.) 

All  proceeds  of  sales  of  public  property  covered  into  the  Treasury  as  miscel- 
laneous receipts  should  be  charged  and  credited  on  account  of  "  proceeds  of 
Government  property,"  as  contemplated  by  section  3618  of  the  Revised  Statutes. 
(Id.,  1255.) 

2  Under  section  3692  of  the  Revised  Statutes  all  moneys  received  from  the  sale 
of  materials,  stores,  or  supplies  to  officers  and  soldiers  of  the  Army  can  be 
applied  to  the  liquidation  of  liabilities  against  the  appropriation  out  of  which 
they  were  originally  expended,  only  during  the  fiscal  year  in  which  the  sale 
was  made.     (3  Dig.  2d  Comp.  Dec.,  1246.) 


168  MILITARY  LAWS  OF  THE  UNITED  STATES. 

406.  Expenses  of  sales.  —  From  the  proceeds  of  sales  of  old  mate- 
rial, condemned  stores,  supplies,  or  other  public  property  of  any  kind, 
before  being  deposited  into  the  Treasury,  either  as  miscellaneous  re- 
ceipts on  account  of  "  proceeds  of  Government  property  "  or  to  the 
credit  of  the  appropriations  to  which  such  proceeds  are  by  law  au- 
thorized to  be  made,  there  may  be  paid  the  expenses  of  such  sales,  as 
approved  by  the  accounting  officers  of  the  Treasury,  so  as  to  require 
only  the  net  proceeds  of  such  sales  to  be  deposited  into  the  Treasury, 
either  as  miscellaneous  receipts  or  to  the  credit  of  such  appropria- 
tions, as  the  case  may  be.1  Act  of  June  &,  1896  (29  Stat. 


(See  chapter  entitled  Quartermaster  Corps  as  to  disposal  of  proceeds  of  sub- 
sistence stores  sold  to  officers,  etc.  See  also  chapter  entitled  Ordnance  Depart- 
ment for  the  laws  regulating  the  disposal  of  proceeds  from  sale  of  obsolete 
ordnance  material.) 

407.  Advances  of  public  money  prohibited.  —  No  advance  of  public 
money  shall  be  made  in  any  case  whatever.  And  in  all  cases  of  con- 
tracts for  the  performance  of  any  service,  or  the  delivery  of  articles 
of  any  description,  for  the  use  of  the  United  States,  payment  shall 
not  exceed  the  value  of  the  service  rendered,  or  of  the  articles  deliv- 
ered previously  to  such  payment.2  It  shall,  however,  be  lawful, 

1  The  act  of  June  8,  1896,  authorizing  the  payment  of  expenses,  "  as  approved 
by  the  accounting  officers  of  the  Treasury,"  incurred  in  the  sale  of  old  material, 
etc.,  from  the  gross  proceeds  thereof,  and  the  payment  into  the  Treasury  of  the 
net  proceeds  only,  does  not  require  that  such  expenses  shall  be  so  approved 
before  payment,  but  simply  that  an  itemized  account  thereof  shall  be  rendered 
to  the  accounting  officers  for  settlement  as  any  other  item  of  expenditure  of 
Government  funds.     (Ill  Comp.  Dec.,  149.)     The  course  authorized  by  the  act 
of  June  8,  1896,  in  the  payment  of  expenses  of  sales  of  old  materials  from  the 
proceeds  thereof,  and  the  deposit  in  the  Treasury  of  the  net  proceeds  only, 
should  be  adopted  in  all  cases,  although  there  may  be  an  appropriation  avail- 
able for  the  payment  of  expenses  incurred  in  such  sales.     (Id.,  190.) 

2  In  the  case  of  disbursing  officers  the  policy  of  the  Government  has  been  to 
acknowledge  no  payments  as  made  on  its  behalf  save  those  which  are  author- 
ized by  law.    If  .an  officer  makes  a  mistake  of  law  the  payment  is  disallowed 
when  his  accounts  come  in  for  settlement  and  charged  to  him  as  if  the  money 
were  still  in  his  hands.     (McKim  v.  U.  S.,  12  Ct.  Cls.,  504,  532.)     Such  officers 
are  special  agents  with  very  limited  authority.     Their  duties  are  ministerial; 
they  are  to  pay  the  money  according  to  the  law  and  the  facts  in  each  case,  and 
if  they  make  mistakes  in  either  they  are  personally  liable  themselves,  and  the 
Government  may  also,  without  doubt,  maintain  an  action  to  recover  back  the 
money  from  the  person  wrongfully  receiving  it.     No  discretion  or  authority 
to  decide  controverted  questions  of  law  is  intrusted  to  such  officers.     (See  dis- 
senting opinion  of  Richardson,  J.,  in  McKee  v.  U.  S.,  12  Ct.  Cls..  504.  551.) 

A  disbursing  officer  is  prohibited  by  section  3648,  Revised  Statutes,  from 
paying  more  than  a  proper  proportion  of  the  entire  contract  price  agreed  upon 
for  the  transportation  of  public  property  when  only  a  portion  of  the  property 
has  been  delivered.  (Ill  Comp.  Dec.,  221.  See,  also,  id.,  187.) 

An  advance  of  public  money  made  by  a  paymaster  of  the  Army  to  an  officer 
ordered  to  a  distant  station,  when  made  by  direction  of  the  President  as  pro- 
vided by  section  3648  of  the  Revised  Statutes,  to  provide  for  the  pay  of  such 
officer  for  a  future  period,  is  not  a  payment  for  services  for  the  correctness  of 
which  the  paymaster  is  responsible,  but  an  advance  of  public  money  to  the 
officer  in  question  for  which  he,  and  not  the  paymaster,  is  accountable  to  the 
United  States.  (IV  id.,  250.) 

The  payment  of  express  charges  in  advance  is  prohibited  by  this  section. 
(Id.,  544.) 


MILITARY   LAWS  OF   THE   UNITED   STATES.  169 

under  the  special  direction  of  the  President,  to  make  such  advances 
to  the  disbursing  officers  of  the  Government  as  may  be  necessary  to 
the  faithful  and  prompt  discharge  of  their  respective  duties,  and  to 
the  fulfillment  of  the  public  engagements.  The  President  may  also 
direct  such  advances  as  he  may  deem  necessary  and  proper  to  per- 
sons in  the  military  and  naval  service  employed  on  distant  stations, 
where  the  discharge  of  the  pay  and  emoluments  to  which  they  are 
entitled  can  not  be  regularly  effected.  Sec.  3648,  R.  S. 

(See,  however,  in  chapter  entitled  Quartermaster  Corps  a  provision  for  the 
payment  in  advance  of  troops  embarking  for  the  Philippines.) 

408.  Public  moneys  not  to  be  used  for  payment,  etc.,  of  expenses  of 
commissions,  etc. — Hereafter  no  part  of  the  public  moneys,  or  of 
any  appropriation  heretofore  or  hereafter  made  by  Congress,  shall 
be  used  for  the  payment  of  compensation  or  expenses  of  any  com- 
mission,  council,  board,   or   other  similar  body,   or   any   members 
thereof,  or  for  expenses  in  connection  with  any  work  or  the  results 
of  any  work  or  action  of  any  commission,  council,  board,  or  other 
similar  body,  unless  the  creation  of  the  same  shall  be  or  shall  have 
been  authorized  by  law ;  nor  shall  there  be  employed  by  detail,  here- 
after or  heretofore  made,  or  otherwise  personal  services  from  any 
executive  department  or  other  government  establishment  in  connec- 
tion with  any  such  commission,  council,  board,  or  other  similar  body. 
Sec.  9,  Act  of  Mar.  4, 1909  (35  Stat.  1027}. 

409.  Entry  of  each  deposit,  transfer,  and  payment. — All  persons 
charged  by  law  with  the  safe  keeping,  transfer,  and  disbursement  of 
the  public  moneys,  other  than  those  connected  with  the  Post-Office 
Department,  are  required  to  keep  an  accurate  entry  of  each  sum  re- 
ceived and  of  each  payment  or  transfer.    Sec.  364.3,  R.  S. 

410.  Accounting  to  ~be  by  items. — Hereafter  all  officers,  agents,  or 
other  persons  receiving  public  moneys  appropriated  by  this  or  any 
subsequent  Army  appropriation  act  shall  account  for  the  disburse- 
ment thereof  according  to  the  several  nnd  distinct  items  of  appropri- 
ation expressed  in  such  act.     Act  of  July  5, 1884  (23  Stat.  113). 

411.  Total  amount  of  appropriation — how  determined. — Hereafter 
the  total   amount   appropriated   in   the   various   paragraphs   of   an 
appropriation  act  shall  be  determined  by  the  correct  footing  up  of 
the  specific  sums  or  rates  appropriated  in  each  paragraph  contained 
therein  unless  otherwise  expressly  provided.     Act  of  May  28,  1896 
(29  Stat.  148). 

412.  Inspection  of  disbursements. — It  shall  be  the  duty  of  the 
Secretary  of  War  to  cause  frequent  inquiries  to  be  made  as  to  the 
necessity,  economy,  and  propriety  of  all  disbursements  made  by  dis- 
bursing officers  of  the  Army,  and  as  to  their  strict  conformity  to  the 
law  appropriating  the  money;   also  to  ascertain  whether  the  dis- 


170  MILITARY   LAWS   OP   THE   UNITED   STATES. 

bursing  officers  of  the  Army  comply  with  the  law  in  keeping  their 
accounts  and  making  their  deposits;  such  inquiries  to  be  made  by 
officers  of  the  inspection  department  of  the  Army,  or  others  detailed 
for  that  purpose:  Provided,  That  no  officer  so  detailed  shall  be  in 
any  way  connected  with  the  department  or  corps  making  the  dis- 
bursement. Act  of  Apr.  20, 1874  (18  Stat.  33). 
(See  A.  R.  897,  901,  and  902  of  1913.) 

413.  Same — To  be  reported  to  Congress. — That  the  reports  of  such 
inspections  shall  be  made  out  and  forwarded  to  Congress  with  the 
annual  report  of  the  Secretary  of  War.     Sec.  2,  id. 

414.  Counterfeit  money. — All  United  States  officers  charged  with 
the  receipt  or  disbursement  of  public  moneys,  and  all  officers  of  na- 
tional banks,  shall  stamp  or  write  in  plain  letters  the  word  "  counter- 
feit," "altered,"  or  "worthless"  upon  all  fraudulent  notes  issued  in 
the  form  of  and  intended  to  circulate  as  money  which  shall  be  pre- 
sented at  their  places  of  business;  and  if  such  officers  shall  wrong- 
fully stamp  any  genuine  note  of  the  United  States,  or  of  the  national 
banks,  they  shall,  upon  presentation,  redeem  such  notes  at  the  face 
value  thereof.     Sec.  5,  Act  of  June  30,  1876  (19  Stat.  64). 

415.  Accounts  to  be  rendered  monthly. — Every  officer  or  agent  of 
the  United  States  who  receives  public  money  which  he  is  not  au- 
thorized to  retain  as  salary,  pay,  or  emolument,  shall  render  his 
acccounts  monthly.     Such  accounts,  with  the  vouchers  necessary  to 
the  correct  and  prompt  settlement  thereof,  shall  be  sent  by  mail  or 
otherwise  to  the  bureau  to  which  they  pertain  within  ten  days  after 
the  expiration  of  each  successive  month,  and,  after  examination  there, 
shall  be  passed  to  the  proper  accounting  officer  of  the  Treasury  for 
settlement.     Disbursing  officers  of  the  Navy  shall,  however,  render 
their  accounts  and  vouchers  direct  to  the  proper  accounting  officer 
of  the  Treasury.    In  case  of  the  nonreceipt  at  the  Treasury,  or  proper 
bureau,  of  any  accounts  within  a  reasonable  and  proper  time  there- 
after, the  officer  whose  accounts  are  in  default  shall  be  required  to 
furnish  satisfactory  evidence  of  having  complied  with  the  provisions 
of  this  section.     Nothing  herein  contained  shall,  however,  be  con- 
strued to  restrain  the  heads  of  any  of  the  Departments  from  re- 
quiring such  other  returns  or  reports  from  the  officer  or  agent,  sub- 
ject to  the  control  of  such  heads  of  Departments,  as  the  public  inter- 
est may  require.1    Sec.  3622,  R.  S.,  as  amended  ~by  Acts  of  Feb.  27, 
1877  (19  Stat.  249),  and  July  31,  1894  (28  Stat.  209). 

*An  account  is  something  which  may  be  adjusted  and  liquidated  by  an  arith- 
metical computation.  One  set  of  Treasury  officers  examine  and  audit  the  ac- 
counts, another  set  is  intrusted  with  the  power  of  reviewing  that  examination 
and  with  the  further  power  of  determining  whether  the  laws  authorize  the 
payment  of  the  account  when  liquidated.  But  no  law  authorizes  Treasury 
officials  to  allow  and  pass  in  accounts  a  number  not  the  result  of  arithmetical 
computation  upon  a  subject  within  the  operation  of  the  mutual  part  of  a  con- 
tract. (Power  v.  U.  S.,  18  Ct.  Cls.,  263.  275.)  A  voucher  given  by  an  officer 


MILITARY    LAWS   OF    THE    UNITED   STATES.  171 

416.  Same — In    accordance    with    appropriations. — All     officers, 
a  fronts,  or  other  persons  receiving  public  moneys,  shall  render  dis- 
tinct accounts  of  the  application  thereof  according  to  the  appro- 
priation under  which  the  same  may  have  been  advanced  to  them. 
Sec.  3623,  R.  S. 

417.  Funds   derived  from   transfer  of  stores   to   the   Philippine 
government. — Hereafter  all  funds  received  as  the  value  of  military 
stores  transferred  by  the  several  staff  departments  of  the  Army  to 
the  Insular  Department  of  the  Philippines,  or  work  done,  shall  be 
deposited  in  the  Treasury  of  the  United  States  and  remain  available 
during  the  fiscal  year  in  which  the  transaction  occurred  and  the  fol- 
lowing year  for  the  procurement  of  like  military  stores  to  replace 
those  so  transferred.     Act  of  June  12, 1906  (34  Stat.  258}. 

(As  to  the  general  disposition  of  funcfcs  see  par.  401.) 

of  the  Government,  in  the  regular  and  ordinary  course  of  his  business,  for 
services  rendered  or  articles  purchased  for  the  public  service,  within  the  scope 
of  his  authority  and  the  line  of  his  duty  un impeached,  is  prima  facie  evidence 
of  indebtedness  on  the  part  of  the  United  States,  as  therein  stated.  (Parish  v. 
U.  S.,  2  Ct.  Cls.,  341;  Solomon  v.  U.  S.,  19  Wall.,  17,  and  9  Ct.  Cls.,  54.)  In 
this  respect  the  executive  officers  who  are  authorized  to  make  contracts,  employ 
services,  or  purchase  property  for  the  public  service,  and  whose  duty  it  is  to 
see  to  it  that  the  money  certified  by  them  to  be  due  has  been  actually  and 
fairly  earned,  within  their  own  knowledge,  while  acting  in  their  official  capacity, 
differ  from  the  certified  balances  of  the  accounting  officers.  In  the  examination 
of  claims  in  the  Treasury  Department  these  accounting  officers  act  wholly 
upon  the  evidence  presented  to  them  by  others,  and  have  themselves  no  per- 
sonal knowledge  of  the  facts  upon  which  the  claims  are  founded.  It  is  one  of 
the  fundamental  principles  upon  which  that  Department  is  established — and  a 
useful  and  nice  one  it  is — that  the  executive  officers  who  pass  upon  public  ac- 
counts shall  be  different  from  those  who  are  authorized  to  make  contracts  and 
incur  liabilities  in  the  expenditure  of  public  money.  (McCann  v.  U.  S.,  18  Ct. 
Cls.,  445,  447.)  The  accounts  under  a  contract  remain  open  so  long  as  anything 
remains  to  be  adjusted  or  paid.  (Parker  v.  U.  S.,  26  Ct.  Cls.,  344.) 

The  first  clause  of  section  3622  of  the  Revised  Statutes,  which  requires  the 
rendition  of  accounts  monthly,  is  applicable  to  every  officer  who  receives  ad- 
vances of  public  money  to  be  disbursed,  and  also  to  every  officer  who  collects 
and  receives  fees  and  revenues  which  it  is  his  duty  to  account  for.  (XIX 
Opin.  Att.  Gen..  557.) 

The  requirement  that  officers  render  their  accounts  monthly  is  not  subject  to 
the  direction  of  the  Secretary  of  the  Treasury,  excepting  in  extraordinary  cases, 
where  he  shall  be  of  opinion  that  the  statutory  period  ought  to  be  enlarged  to 
meet  the  special  circumstances  of  such  cases.  (XIX  Opin.  Att.  Gen.,  557.) 

For  other  statutory  regulations  in  respect  to  the  disbursement  of  and  account- 
ing for  the  public  moneys,  see  sections  3643,  3648,  3678,  and  3679  of  the  Revised 
Statutes,  paragraphs  407,  408,  409,  410,  and  411,  ante. 

Section  5495  of  the  Revised  Statutes  provides  that  the  refusal  of  any  person 
charged  with  the  disbursement  of  public  moneys  promptly  to  transfer  or  dis- 
burse the  funds  in  his  hands,  "  upon  the  legal  requirement  of  an  authorized 
officer,  shall  be  deemed,  upon  the  trial  of  any  indictment  against  such  person 
for  embezzlement,  as  prima  facie  evidence  of  such  embezzlement."  Applying 
this  rule  to  a  military  case,  it  is  clear  that  in  the  event  of  such  a  refusal  by  a 
disbursing  officer  of  the  Army  the  burden  of  proof  would  be  upon  him  to  show 
that  his  proceeding  was  justified  and  that  it  would  not  be  for  the  prosecution 
to  show  what  had  become  of  the  funds.  So,  where  an  acting  commissary  of 
subsistence,  on  being  relieved,  failed  to  turn  over  the  public  moneys  to  his 
successor,  or  to  his  post  commander,  when  ordered  to  do  so,  or  to  produce  such 
moneys,  exhibit  vouchers  for  the  same,  or  otherwise  account  for  their  use.  when 
required  to  do  so  by  the  department  commander,  held,  that  he  was  properly 
chargeable  with  and  convicted  of  embezzlement  under  this  article  (sixtieth 
article  of  war).  (Dig.  Opin.  ,T.  A.  G.,  par.  114,  edition  of  1901.) 


172  MILITAKY  LAWS   OF  THE   UNITED  STATES. 

418.  Offenses  in  connection  with  the  safe-keeping  and  disburse- 
ment of  the  public  money;  receipting  for  larger  sums   than  are 
paid. — Whoever,  being  an  officer,  clerk,  agent,  employee,  or  other 
person  charged  with  the  payment  of  any  appropriation  made  by 
Congress,  shall  pay  to  any  clerk  or  other  employee  of  the  United 
States  a  sum  less  than  that  provided  by  law,  and  require  such  em- 
ployee to  receipt  or  give  a  voucher  for  an  amount  greater  than  that 
actually  paid  to  and  received  by  him,  is  guilty  of  embezzlement,  and 
shall  be  fined  in  double  the  amount  so  withheld  from  any  employee 
of  the  Government  and  imprisoned  not  more  than  two  years.      Sec. 
86,  Act  of  Mar.  4, 1909,  Criminal  Code  (35  Stat.  1105). 

(For  other  offenses  relating  to  the  wrongful  use  of  public  money  and  prop- 
erty, see  chapters  entitled  Department  of  the  Treasury,  Contracts  and  purchases, 
and  Public  property.) 

419.  Same — Wrongful  conversion. — Whoever,  being  a  disbursing 
officer  of  the  United  States,  or  a  person  acting  as  such,  shall  in  any 
manner  convert  to  his  own  use,  or  loan  with  or  without  interest,  or 
deposit  in  any  place  or  in  any  manner,  except  as  authorized  by  law, 
any  public  money  intrusted  to  him ;  or  shall,  for  any  purpose  not  pre- 
scribed by  law,  withdraw  from  the  Treasurer,  or  any  assistant  treas- 
urer, or  any  authorized  depositary,  or  transfer,  or  apply,  any  por- 
tion of  the  public  money  intrusted  to  him,  shall  be  deemed  guilty  of 
an  embezzlement  of  the  money  so  converted,  loaned,  deposited,  with- 
drawn, transferred,  or  applied,  and  shall  be  fined  not  more  than  the 
amount  embezzled,  or  imprisoned  not  more  than  ten  years,  or  both. 
Sec.  87,  Act  of  Mar.  4, 1909,  Criminal  Code  (35  Stat.  1105). 

420.  Same — The   loan  or  conversion   of  public  moneys. — Every 
officer  or  other  person  charged  by  any  Act  of  Congress  with  the  safe- 
keeping of  the  public  moneys,  who  shall  loan,  use,  or  convert  to  his 
own  use,  or  shall  deposit  in  any  bank  or  exchange  for  other  funds, 
except  as  specially  allowed  by  law,  any  portion  of  the  public  moneys 
intrusted  to  him  for  safe-keeping,  shall  be  guilty  of  embezzlement 
of  the  money  so  loaned,  used,  converted,  deposited,  or  exchanged, 
and  shall  be  fined  in  a  sum  equal  to  the  amount  of  money  so  embez- 
zled and  imprisoned  not  more  than  ten  years.     Sec.  89,  id. 

421.  Same — Failure  to  render  accounts. — Every  officer  or  agent  of 
the  United  States  who,  having  received  public  money  which  he  is  not 
authorized  to  retain  as  salary,  pay,  or  emolument,  fails  to  render  his 
accounts  for  the  same  as  provided  by  law  shall  be  deemed  guilty  of 
embezzlement,  and  shall  be  fined  in  a  sum  equal  to  the  amount  of 
the  money   embezzled   and   imprisoned   not  more   than   ten   years. 
Sec.  90,  id. 

422.  Same — Failure    to    deposit    as    required. — Whoever,    having 
money  of  the  United  States  in  his  possession  or  under  his  control. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  173 

shall  fail  to  deposit  it  with  the  Treasurer,  or  some  assistant  treasurer, 
or  some  public  depositary  of  the  United  States,  when  required  so  to 
do  by  the  Secretary  of  the  Treasury,  or  the  head  of  any  other  proper 
department,  or  by  the  accounting  officers  of  the  Treasury,  shall  be 
deemed  guilty  of  embezzlement  thereof,  and  shall  be  fined  in  a  sum 
equal  to  the  amount  of  money  embezzled  and  imprisoned  not  more 
than  ten  years.  Sec.  91,  id. 

423.  Same — To  whom  foregoing  provisions  are  applicable. — The 
provisions  of  the  five  preceding  sections  shall  be  construed  to  apply 
to  all  persons  charged  with  the  safe-keeping,  transfer,  or  disburse- 
ment of  the  public  money,  whether  such  persons  be  indicted  as  receiv- 
ers or  depositaries  of  the  same.     Sec.  92,  id. 

(The  foregoing  has  reference  to  secs»87-91  of  the  Criminal  Code.  Of  these, 
sees.  87,  89,  90,  and  91  appear  in  this  work  as  pars.  419-422,  respectfully.  Sec. 
88,  having  no  relation  to  the  military,  has  not  been  included.) 

424.  Same — Record  evidence  of  embezzlement. — Upon  the  trial  of 
any  indictment  against  any  person  for  embezzling  public  money 
under  any  provision  of  the  six  preceding  sections,  it  shall  be  suffi- 
cient evidence,  prima  facie,  for  the  purpose  of  showing  a  balance 
against  such  person,  to  produce  a  transcript  from  the  books  and  pro- 
ceedings of  the  Treasury,  as  required  in  civil  cases,  under  the  provi- 
sions for  the  settlement  of  accounts  between  the  United  States  and 
receivers  of  public  money.    Sec.  93,  id. 

(See  remarks  following  par.  423.    U.  S.  v.  Gaussen,  19  Wall.,  198.) 

425.  Same — Prima  facie  evidence. — The   refusal   of   any   person, 
whether  in  or  out  of  office,  charged  with  the  safe-keeping,  transfer, 
or  disbursement  of  the  public  money  to  pay  any  draft,  order,  or  war- 
rant, drawn  upon  him  by  the  proper  accounting  officer  of  the  Treas- 
ury, for  any  public  money  in  his  hands  belonging  to  the  United 
States,  no  matter  in  what  capacity  the  same  may  have  been  received, 
or  may  be  held,  or  to  transfer  or  disburse  any  such  money,  promptly, 
upon  the  legal  requirement  of  any  authorized  officer,  shall  be  deemed, 
upon  the  trial  of  any  indictment  against  such  person  for  embezzle- 
ment, prima  facie  evidence  of  such  embezzlement.     Sec.  94,  id.,  1106. 

426.  Same — Evidence  of  conversion. — If  any  officer  charged  with 
the  disbursement  of  the  public  moneys  accepts,  receives,  or  transmits 
to  the  Treasury  Department  to  be  allowed  in  his  favor  any  receipt 
or  voucher  from  a  creditor  of  the  United  States  without  having  paid 
to  such  creditor  in  such  funds  as  the  officer  received  for  disburse- 
ment, or  in  such  funds  as  he  may  be  authorized  by  law  to  take  in 
exchange,  the  full  amount  specified  in  such  receipt  or  voucher,  every 
such  act  is  an  act  of  conversion  by  such  officer  to  his  own  use  of  the 
amount  specified  in  such  receipt  or  voucher.    Sec.  95,  id. 


174  MILITARY    LAWS   OF   THE    UNITED   STATES. 

427.  Same — Banker,    etc.,    not    authorized    depositary    receiving 
public  money  from  disbursing  officer,  etc. — Every  banker,  broker,  or 
other  person  not  an  authorized  depositary  of  public  moneys,  who 
shall -knowingly  receive  from  any  disbursing  officer,  or  collector  of 
internal  revenue,  or  other  agent  of  the  United  States,  any  public 
money  on  deposit,  or  by  way  of  loan  or  accommodation,  with  or  with- 
out interest,  or  otherwise  than  in  payment  of  a  debt  against  the 
United  States,  or  shall  use,  transfer,  convert,  appropriate,  or  apply 
any  portion  of  the  public  money  for  any  purpose  not  prescribed  by 
law ;  and  every  president,  cashier,  teller,  director,  or  other  officer  of 
any  bank  or  banking  association  who  shall  violate  any  provision 
of  this  section  is  guilty  of  embezzlement  of  the  public  money  so  de- 
posited, loaned,  transferred,  used,  converted,  appropriated,  or  applied, 
and  shall  be  fined  not  more  than  the  amount  embezzled,  or  impris- 
oned not  more  than  ten  years,  or  both.     Sec.  96,  id. 

(While  the  penalty  provided  above  does  not  directly  apply  to  the  military,  it 
has  heen  deemed  wise  to  insert  the  section.) 

428.  Same — Embezzlement. — Any  officer  connected  with,  or  em- 
ployed in,  the  Internal-Revenue  Service  of  the  United  States,  and 
any  assistant  of  such  officer,  who  shall  embezzle  or  wrongfully  con- 
vert to  his  own  use  any  money  or  other  property  of  the  United  States, 
and  any  officer  of  the  United  States,  or  any  assistant  of  such  officer, 
who  shall  embezzle  or  wrongfully  convert  to  his  own  use  any  money 
or  property  which  may  have  come  into  his  possession  or  under  his 
control  in  the  execution  of  such  office  or  employment,  or  under  color 
or  claim  of  authority  as  such  officer  or  assistant,  whether  the  same 
shall  be  the  money  or  property  of  the  United  States  or  of  some 
other  person  or  party,  shall,  where  the  offense  is  not  otherwise  pun- 
ishable by  some  statute  of  the  United  States,  be  fined  not  more  than 
the  value  of  the  money  and  property  thus  embezzled  or  converted,  or 
imprisoned  not  more  than  ten  years,  or  both.     Sec.  97,  id. 

429.  Making  false  certificate. — Whoever,  being  a  public  officer  or 
other  person  authorized  by  any  law  of  the  United  States  to  make  or 
give  a  certificate  or  other  writing,  shall  knowingly  make  and  deliver 
as  true  such  a  certificate  or  writing,  containing  any  statement  which 
he  knows  to  be  false,  in  a  case  where  the  punishment  thereof  is  not 
elsewhere  expressly  provided  by  law,  shall  be  fined  not  more  than 
five  hundred  dollars,  or  imprisoned  not  more  than  one  year,  or  both. 
Sec.  106,  id.,  1107.  % 

430.  Officers,  etc.,  not   to  prosecute   claims   against   the  govern- 
ment.— Whoever,  being  an  officer  of  the  United  States,  or  a  person 
holding  any  place  of  trust  or  profit,  or  discharging  any  official  func- 
tion under,  or  in  connection  with,  any  Executive  Department  of  the 
Government  of  the  United  States,  or  under  the  Senate  or  House  of 


MILITARY    LAWS   OF    THE    UNITED   STATES.  175 

Representatives  of  the  United  States,  shall  act  as  an  agent  or  attor- 
ney for  prosecuting  any  claim  against  the  United  States,  or  in  any 
manner,  or  by  any  means,  otherwise  than  in  discharge  of  his  proper 
official  duties,  shall  aid  or  assist  in  the  prosecution  or  support  of  any 
such  claim,  or  receive  any  gratuity,  or  any  share  of  or  interest  in  any 
claim  from  any  claimant  against  the  United  States,  with  intent  to 
aid  or  assist,  or  in  consideration  of  having  aided  or  assisted,  in  the 
prosecution  of  such  claim,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  one  year,  or  both.  Sec.  109,  id. 


CHAPTER 


THE  ADJUTANT  GENEEAL'S  DEPARTMENT. 


Par. 

The  Adjutant  General's  Department, 
the  Record  and  Pension  Office,  and 
the  Military  Secretary's  Depart- 
ment    431-458 

Organization 431 

The  Record  and  Pension  Office..  432 

Same — composition  of 433 

Military  Secretary's  Department, 
Adjutant  General's  Depart- 
ment, and  Record  and  Pension 
Office  consolidated 434 

Same,  appropriations,  etc.,  to  be 
available  for  both 435 

Military  Secretary's  Department 
to  be  known  as  the  Adjutant 
General's  Department,  etc —  436 

Duties  of  assistant  adjutants  gen- 
eral  437 

Duties  of  Record  and  Pension 
Office 438 

Returns  and  muster  rolls  of  vol- 
unteers  439 

Military  records  of  Revolution- 
ary War  and  War  of  1812 440 

Records  of  Indian  wars,  etc 441 

Records  of  the  War  of  the  Revo- 
lution   442 

Removal  .of  the  charge  of  deser- 
tion.. .  443 


Par. 


The  Adjutant  General's  Department, 
the  Record  and  Pension  Office,  and 
the  Military  Secretary's  Depart- 
ment— Continued. 

Same — application  for 444 

Same — where  soldier  reenlisted .  445 
Same — where  restored  to  duty..  446 
Same — heirs  to  receive  pay  and 

bounty 447 

Same — pay,  etc.,  while  absent 

without  leave 448 

Same — Mexican  War  soldiers 449 

Same — exceptions 450 

Same — when  soldier  is  to  be  re- 
stored to  honorable  status 451 

Same — no  pay  while  absent 452 

Same — limitation 453 

Same — time  for  applications  ex- 
tended  454 

Remuster  of  officers  of  volunteers  455 
Same — heirs,  etc.,  entitled  to 

arrears  of  pay,  etc 456 

Same — pay    received    in    good 

faith  not  to  be  refunded 457 

Certificates  of  service  in  Military 
Telegraph  Corps 458 


431.  Organization. — The  Adjutant-General's  Department  shall 
consist  of  one  Adjutant-General  with  the  rank  of  major-general,  and 
when  a  vacancy  shall  occur  in  the  office  of  Adjutant-General  on  the 
expiration  of  the  service  of  the  present  incumbent,  by  retirement  or 
otherwise,  the  Adjutant-General  shall  thereafter  have  the  rank  and 
pay  of  a  brigadier-general,  five  assistant  adjutants-general  with  the 
rank  of  colonel,  seven  assistant  adjutants-general  with  the  rank  of 
lieutenant  colonel,  and  fifteen  assistant  adjutants-general  with  the 
rank  of  major :  Provided ,  That  all  vacancies  created  or  caused  by  this 
48985°— 15 12  177 


178  MILITARY   LAWS  OF  THE  UNITED  STATES. 

section  shall,  as  far  as  possible,  be  filled  by  promotion  according  to 
seniority  of  officers  of  the  Ad  jut  ant- General's  Department.  Sec.  13, 
Act  of  Feb.  2, 1901  (31  Stat.,  751). 

(For  the  law  regarding  promotions  in,  and  details  to,  the  Adjutant-General's 
Department  see  chapter  entitled  Staff  Departments.  It  has  been  necessary  to 
include  in  this  chapter  certain  laws  which  have  been  superseded  in  order  to 
make  clear  the  devolution  of  the  present  Adjutant-General's  Department.  See 
par.  434.) 

432.  The  Record  and  Pension  Office.— The,  division  organized  by 
the  Secretary  of  War  in  his  office  for  the  preservation  and  custody  of 
the  records  of  the  volunteer  armies  under  the  name  of  the  Record  and 
Pension  Division  is  hereby  established  as  now  organized,  and  shall 
hereafter  be  known  as  the  Record  and  Pension  Office  of  the  War 
Department.    Act  of  May  9, 1892  (27  Stat.  27) . 

433.  Same — Composition  of. — The  officers  of  the  Record  and  Pen- 
sion Office  of  the  War  Department  shall  be  a  chief  of  said  office  with 
the  rank  of  a  brigadier-general  and  an  assistant  chief  of  said  office 
with  the  rank  of  major:  Provided,  That  any  person  appointed  to  be 
Chief  of  the  Record  and  Pension  Office  after  the  passage  of  this  act 
shall  have  the  rank  of  colonel.     Sec.  25,  Act  of  Feb.  2,  1901   (31 
Stat.  754). 

(See^remarks  following  par.  431.) 

434.  Military  Secretary's  Department,  Adjutant-General's  Depart- 
ment  and  Record  and  Pension  Office  consolidated. — The  officers  of 
the  Adjutant-General's  Department,  except  the  Adjutant-General, 
and  the  officers  of  the  Record  and  Pension  Office  shall  hereafter  con- 
stitute one  department  of  the  Army,  to  be  known  as  the  Military 
Secretary's  Department;  and  the  Adjutant- General's  Office  and  the 
Record  and  Pension  Office,  heretofore  constituting  bureaus  of  the 
War  Department,  shall  hereafter  constitute  a  consolidated  bureau  to 
be  known  as  the  Military  Secretary's  Office  of  the  War  Department. 
The  officers  so  consolidated  shall  be  borne  on  one  list  in  the  order  of 
rank  held  by  them,  and  those  of  them  who  hold  permanent  appoint- 
ments as  officers  of  the  Adjutant-General's  Department  or  of  the 
Record  and  Pension  Office  shall  be  entitled  to  promotion  below  the 
grade  of  brigadier-general,  as  now  provided  by  law  and  in  the  order 
of  their  standing  on  said  list.     Except  as  otherwise  provided  herein, 
the  laws  now  in  force  shall  continue  to  govern  the  appointment,  pro- 
motion, and  detail  of  all  officers  of  the  consolidated  department 
hereby  created:  Provided,  That  the  officers  of  the  said  consolidated 
department  shall  be  subject  to  the  supervision  of  the  Chief  of  Staff 
in  all  matters  pertaining  to  the  command,  discipline,  or  administra- 
tion of  the  existing  military  establishment :  Provided  -further,  That 
no  appointments  or  details  to  the  grade  of  assistant  adjutant-general 
with  the  rank  of  major  shall  be  made  until  the  number  of  officers  of 


MILITARY   LAWS   OF    THE   UNITED  STATES.  179 

that  grade  shall  be  reduced  to  less  than  ten,  and  thereafter  the  num- 
ber of  officers  of  said  grade  in  the  consolidated  department  shall  be 
ten :  Provided  further,  That  of  the  officers  consolidated  as  hereinbe- 
fore provided  the  senior  in  rank,  who  shall  be  chief  of  the  consoli- 
dated department  and  the  title  of  whose  office  is  hereby  changed  to 
that  of  the  military  secretary,  shall  hereafter  have  the  rank  of  major- 
general,  and  the  second  senior  of  said  officers  shall  hereafter  have  the 
rank  of  brigadier-general :  Provided  further ',  That  when  the  office  of 
Military  Secretary  with  the  rank  of  major-general  shall  hereafter 
become  vacant,  it  shall  not  be  filled  with  said  rank,  and  thereafter 
the  chief  of  the  Military  Secretary's  Department  shall  have  the  rank 
of  a  brigadier-general  with  the  title  of  The  Military  Secretary,  and 
there  shall  be  only  one  officer  above  the  rank  of  colonel  in  the  said 
department.  Except  as  hereinafter  provided,  the  remaining  offices 
of  the  consolidated  department  shall  retain  the  titles  that  they  now 
bear:  Provided  further,  That  when  the  office  of  Ad  jut  ant- General 
shall  become  vacant  the  vacancy  so  created  on  the  active  list  of  the 
Army  shall  not  be  filled,  and  thereafter  the  several  officers  now  des- 
ignated by  the  title  assistant  adjutant-general  and  by  the  title  assist- 
ant chief  of  the  Record  and  Pension  Office  shall  be  designated  by  the 
title  Military  Secretary.  Act  of  Apr.  23, 1904  (§3  Stat.  262). 
(See  par.  436.  See  also  remarks  following  par.  431.) 

435.  Same — Appropriations,  etc.,  to  ~be  available  for  both. — When- 
ever the  office  of  the  Ad  jut  ant- General  and  the  Record  and  Pension 
Office  shall  be  consolidated  by  operation  of  law,  any  appropriation 
available  at  the  time  of  such  consolidation,  or  that  may  thereafter 
become  available,  for  the  support  of  either  of  those  offices  shall  be 
equally  available  for  the  support  of  the  bureau  formed  by  the  con- 
solidation, and  all  employees  provided  by  law  for  either  of  said 
offices,  except  such  employees  as  were  transferred  by  the  Secretary 
of  War  to  the  Military  Information  Division  of  the  General  Staff 
prior  to  April  first,  nineteen  hundred  and  four,  shall  be  regarded  as 
employees  of  the  consolidated  bureau  and  shall  be  exclusively  en- 
gaged upon  the  work  of  that  bureau  as  required  in  the  case  of  the 
employees  of  the  Record  and  Pension  Office  by  the  Acts  making 
appropriations  for  the  legislative,  executive,  and  judicial  expenses 
of  the  Government  for  the  fiscal  years  nineteen  hundred  and  four 
and  nineteen  hundred  and  five.    Act  of  Apr.  27, 1904  (33  Stat.  401). 

436.  Military  Secretary's  Department  to  be  known  as  the  Adjutant- 
GeneraVs  Department,  etc. — Hereafter  the  Military  Secretary's  De- 
partment of  the  Army  shall  be  known  as  the  Adjutant-General's 
Department,  the  senior  in  rank  of  the  officers  of  said  department 
shall  be  designated  by  the  title  of  The  Adjutant-General,  the  other 
officers  of  the  Department  shall  be  designated  by  the  title  of  Adju- 
tant-General, and  The  Military  Secretary's  Office  of  the  War  De- 


180  MILITABY  LAWS  OF  THE  UNITED  STATES. 

partment  shall  be  known  as  the  Adjutant-General's  Office.    Act  of 
Mar.  2, 1907  (34  8tat.  1158). 

(The  office  of  major-general  provided  for  in  par.  434,  as  well  as  the  office  of 
brigadier-general  for  the  second  senior  in  the  Military  Secretary's  Depart- 
ment provided  for  in  the  same  paragraph,  have  been  vacated.  There  is  but  one 
general  officer  now  in  the  Adjutant-General's  Department  and  he  occupies  the 
office  of  Adjutant-General.) 

437.  Duties  of  assistant  adjutants-general. — Assistant  adjutants- 
general  shall,  in  addition  to  their  own  duties,  perform  those  of 
assistant  inspectors-general,  when  the  convenience  of  the  service 
requires  them  to  do  so.1    Sec.  1130,  R.  S. 

(For  the  law  regarding  the  recruiting  service  which  is  under  the  management 
of  The  Adjutant-General,  see  chapter  Enlisted  men.) 

438.  Duties  of  Record  and  Pension  Office. — The  Record  and  Pen- 
sion Office  of  the  War  Department  shall,  under  the  Secretary  of 
War,  have  charge  of  the  military  and  hospital  records  of  the  volun- 
teer armies  and  the  pension  and  other  business  of  the  War  Depart- 
ment connected  therewith ;  and  all  laws  or  parts  of  laws  inconsistent 

*The  Adjutant-General's  Department  is  the  department  of  records,  orders 
and  correspondence  of  the  Army  and  the  militia. 

The  Adjutant-General  is  charged,  under  the  direction  of  the  Secretary  of 
War,  and  subject  to  the  supervision  of  the  Chief  of  Staff  in  all  matters  per- 
taining to  the  command,  discipline,  or  administration  of  the  existing  military 
establishment,  with  the  duty  of  recording,  authenticating,  and  communicating 
to  troops  and  individuals  in  the  military  service  all  orders,  instructions,  and 
regulations  issued  by  the  Secretary  of  War  through  the  Chief  of  Staff;  of  pre- 
paring and  distributing  commissions;  of  compiling  and  issuing  the  Army  Regis- 
ter and  the  Army  List  and  Directory;  of  consolidating  the  general  returns  of 
the  Army;  of  arranging  and  preserving  the  reports  of  officers  detailed  to  visit 
encampments  of  militia ;  of  preparing  the  annual  returns  of  the  militia  required 
by  law  to  be  submitted  to  Congress ;  of  managing  the  recruiting  service,  and  of 
recording  and  issuing  orders  from  the  War  Department  remitting  or  mitigating 
sentences  of  general  prisoners  who  have  been  discharged  from  the  military 
service. 

The  Adjutant-General  is  vested  by  law  with  the  charge,  under  the  Secretary 
of  War,  "  of  the  military  and  hospital  records  of  the  volunteer  armies  and  the 
pension  and  other  business  of  the  War  Department  connected  therewith  " ;  and 
of  the  publication  and  distribution  of  the  Official  Records  of  the  War  of  the 
Rebellion.  He  also  has  charge  of  the  historical  records  and  business  of  the 
permanent  military  establishment,  including  all  pension,  pay,  bounty,  and 
other  business  pertaining  to  or  based  upon  the  military  or  medical  histories  of 
former  officers  or  enlisted  men. 

The  archives  of  The  Adjutant-General's  Office  include:  All  military  records 
of  the  Revolutionary  War ;  the  records  of  all  organizations,  officers,  and  enlisted 
men  that  have  been  in  the  military  service  of  the  United  States  since  the  Revo- 
lutionary War;  the  records  of  the  movements  and  operations  of  troops;  the 
medical  and  hospital  records  of  the  Army ;  all  reports  of  physical  examination 
of  recruits  and  all  identification  cards;  the  records  of  the  Provost  Marshal 
General's  Bureau;  the  records  of  the  Bureau  of  Refugees,  Freedmen,  and 
Abandoned  Lands;  the  Confederate  records,  including  those  pertaining  to  the 
legislative,  executive,  and  judicial  branches  of  the  Confederate  government. 

Upon  the  muster  out  or  discharge  of  volunteers  or  militia  from  the  service  of 
the  United  States  all  the  records  that  pertain  to  them,  and  that  have  not 
already  been  filed  in  The  Adjutant-General's  office,  will  be  transferred  to  and 
filed  in  that  office. 

The  Adjutant-General  takes  such  steps  as  are  necessary  to  complete  or  cor- 
rect the  records  in  his  custody,  and  answers  all  calls  or  inquiries  that  are 
answerable  from  those  records  and  that  do  not  require  administrative  action 
by  other  bureaus  of  the  War  Department  (A..  R.  1913,  Par.  774.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  181 

with  the  terms  of  this  act  are  hereby  repealed.    Act  of  May  9,  1892 
(27  S 'tat.  27). 

439.  Returns  and  muster  rolls  of  volunteers. — All  returns   and 
muster  rolls  of  organizations  of  the  Volunteer  Army  and  of  militia 
organizations  while  in  the  service  of  the  United  States  shall  be  ren- 
dered to  the  Adjutant-General  of  the  Army,  and  upon  the  dis- 
bandment  of  such  organizations  the  records  pertaining  to  them  shall 
be  transferred  to  and  filed  in  the  Record  and  Pension  Office  of  the 
War  Department.     And  regimental  and  all  other  medical  officers 
serving  with  volunteer  troops  in  the  field  or  elsewhere  shall  keep  a 
daily  record  of  all  soldiers  reported  sick,  or  wounded  as  shown  by 
the  morning  calls  or  reports,  and  shall  deposit  such  reports  with 
other  reports  provided  for  injthis  section  with  the  Record  and 
Pension  Office,  as  provided  herein  for  other  reports,  returns  and 
muster  rolls.    Sec.  8,  Act  of  Apr.  22, 1898  (30  Stat.  362). 

440.  Military  records  of  Revolutionary  War  and  War  of  1812. — 
All  military  records,  such  as  muster  and  pay  rolls,  orders,  and  re- 
ports relating  to  the  personnel  or  the  operations  of  the  armies  of  the 
Revolutionary  war  and  of  the  war  of  eighteen  hundred  and  twelve, 
now  in  any  of  the  Executive  Departments,  shall  be  transferred  to  the 
Secretary  of  War,  to  be  preserved,  indexed,  and  prepared  for  pub- 
lication.1   Act  of  Aug.  18, 1894  (28  Stat.  403). 

441.  Records  of  Indian  wars,  etc.— r-That  the  military  rolls  and 
records  of  the  Indian  wars  or  any  other  wars  prior  to  the  civil  war, 
now  preserved  in  the  Interior  or  other  Departments,  be  transferred 
to  the  War  Department,  to  be  preserved  in  the  Record  and  Pension 
Office  of  that  Department,  and  that  they  shall  be  properly  indexed 
and  arranged  for  use.     Joint  Res.  No.  35  of  Apr.  28,  1904  (33  Stat. 
591). 

442.  Records  of  the  war  of  the  Revolution. — Within  the  limits  of 
the   appropriation  herein  made,  the   Secretary  of  War  is  hereby 
authorized  and  directed  to  collect  or  copy  and  classify,  with  a  view 
to  publication,  the  scattered  military  records  of  the  Revolutionary 
War,  including  all  troops  acting  under  State  authority,  and  the 
Secretary  of  the  Navy  is  hereby  authorized  and  directed  to  collect 
or  copy  and  classify,  with  a  view  to  publication,  the  scattered  naval 
records  of  the  Revolutionary  War. 

lrThe  act  of  July  27,  1892  (27  Stat.  275),  had  contained  the  requirement  that 
"  the  military  records  of  the  American  Revolution  and  of  the  war  of  eighteen 
hundred  and  twelve,  now  preserved  in  the  Treasury  and  Interior  Departments, 
be  transferred  to  the  War  Department,  to  be  preserved  in  the  Record  and  Pen- 
sion Division  of  that  Department,  and  that  they  shall  be  properly  indexed  and 
arranged  for  use."  The  acts  of  March  2,  1895  (28  Stat.  788),  and  May  28,  1896 
(29  id.  161),  authorized  the  Secretary  of  War,  upon  the  application  of  the 
governor  of  a  State,  to  furnish  to  such  governor  a  transcript  of  the  military 
history  of  any  regiment  or  company  furnished  by  his  State,  under  such  regula- 
tions as  might  be  prescribed  by  the  Secretary  of  War,  the  expense  of  preparing 
such  transcript  to  be  borne  by  the  State  requesting  it. 


182  MILITARY   LAWS   OF   THE   UNITED  STATES. 

SEC.  2.  That  all  such  records  in  the  possession  or  custody  of  any 
official  of  the  United  States  shall  be  transferred,  the  military  records 
to  the  War  Department  and  the  naval  records  to  the  Navy  Depart- 
ment. 

SEC.  3.  That  there  is  hereby  appropriated  for  the  purposes  of  this 
Act,  out  of  any  money  in.  the  Treasury  not  otherwise  appropriated, 
twenty-five  thousand  dollars  for  the  War  Department  and  seven 
thousand  dollars  for  the  Navy  Department:  Provided,  That  the 
aforesaid  sums  of  money  shall  be  expended,  respectively,  under  the 
direction  of  the  Secretary  of  War  and  the  Secretary  of  the  Navy,  and 
that  they  shall  make  to  Congress  each  year  detailed  statements 
showing  how  the  money  herein  appropriated  has  been  expended  and 
to  whom :  Provided  further,  That  no  part  of  the  sum  hereby  appro- 
priated shall  be  used  in  the  purchase  of  any  such  records  that  may  be 
discovered  either  in  the  hands  of  private  owners  or  in  public  deposi- 
tories. Act  of  Mar.  2, 1913  (37  Stat.  723) . 

443.  Removal  of  the  charge  of  desertion. — The  charge  of  desertion 
now  standing  on  the  rolls  and  records  in  the  Eecord  and  Pension 
Office  of  the  War  Department  against  any  soldier  who  served  in  the 
late  war  in  the  volunteer  service  shall  be  removed  in  all  cases  where 
it  shall  be  made  to  appear  to  the  satisfaction  of  the  Secretary  of 
War,  from  such  rolls  and  records,  or  from  other  satisfactory  testi- 
mony, that  such  soldier  served  faithfully  until  the  expiration  of  his 
term  of  enlistment,  or  until  the  first  day  of  May,  anno  Domini  eight- 
een hundred  and  sixty-five,  having  previously  served  six  months 
or  more,  and,  by  reason  of  absence  from  his  command  at  the  time 
the  same  was  mustered  out,  failed  to  be  mustered  out  and  to  receive 
an  honorable  discharge,  or  that  such  soldier  absented  himself  from 
his  command,  or  from  hospital  while  suffering  from  wounds,  in- 
juries, or  disease  received  or  contracted  in  the  line  of  duty  and  was 
prevented  from  completing  his  term  of  enlistment  by  reason  of  such 
wounds,  injuries,  or  disease.     Sec.  1,  Acts  of  Mar.  8,  1889  (25  Stat. 
869) ;  May  9, 1892  (27  id.  27) . 

(The  last  cited  act  merely  serves  to  alter  the  wording  of  the  earlier  act  by 
changing  the  place  of  custody  of  the  records  from  the  office  of  the  Adjutant- 
General  to  the  Record  and  Pension  Office.) 

444.  Same — Application  for. — The  Secretary  of  War  is  hereby 
authorized  to  remove  the  charge  of  desertion  from  the  record  of  any 
regular  or  volunteer  soldier  in  the  late  war  upon  proper  application 
thereior,  and  satisfactory  proof  in  the  following  cases : 

First.  That  such  soldier,  after  such  charge  of  desertion  was  made, 
and  within  a  reasonable  time  thereafter,  voluntarily  returned  to  his 
command  and  served  faithfully  to  the  end  of  his  term  of  service,  or 
until  discharged. 


MILITARY  LAWS  OF   THE  UNITED  STATES.  183 

Second.  That  such  soldier  absented  himself  from  his  command  or 
from  hospital  while  suffering  from  wounds,  injuries,  or  disease,  re- 
ceived or  contracted  in  the  line  of  duty,  and  upon  recovery  volun- 
tarily returned  to  his  command  and  served  faithfully  thereafter,  or 
died  from  such  wounds,  injuries,  or  disease  while  so  absent,  and 
before  the  date  of  muster  out  of  his  command  or  expiration  of  his 
term  of  service,  or  was  prevented  from  so  returning  by  reason  of 
such  wounds,  injuries,  or  diseases  before  such  muster  out  or  expira- 
tion of  service. 

Third.  That  such  soldier  was  a  minor,  and  was  enlisted  without 
the  consent  of  his  parent  or  guardian,  and  was  released  or  dis- 
charged from  such  service  by  the  order  or  decree  of  any  State  or 
United  States  court  on  habeas  corpus  or  other  judicial  proceedings; 
and  in  such  case  such  soldier  shall  not  be  entitled  to  any  bounty  or 
allowance  or  pay  for  any  time  such  soldier  was  not  in  the  perform- 
ance of  military  duty.  Sec.  2,  Act  of  Mar.  8, 1889  (25  Stat.  869),  as 
amended  by  the  Act  of  Mar.  2, 1891  (26  Stat.  824). 

445.  Same — Where  soldier  reenlisted. — The  charge  of  desertion 
now  standing  on  the  rolls  and  records  in  the  office  of  the  Adjutant- 
General  of  the  Army  [or  the  Record  and  Pension  Office  of  the  War 
Department]  against  any  regular  or  volunteer  soldier  who  served  in 
the  late  war  of  the  rebellion  by  reason  of  his  having  enlisted  in  any 
regiment,  troop,  or  company,  or  in  the  United  States  Navy  or  Marine 
Corps,  without  having  first  received  a  discharge  from  the  regiment, 
troop,  or  company  in  which  he  had  previously  served  shall  be  re- 
moved in  all  cases  wherein  it  shall  be  made  to  appear  to  the  satis- 
faction of  the  Secretary  of  War,  from  such  rolls  and  records,  or  from 
other  satisfactory  testimony,  that  such  reenlistment  was  not  made  for 
the  purpose  of  securing  bounty  or  other  gratuity  that  he  would  not 
have  been  entitled  to  had  he  remained  under  his  original  term 
of  enlistment;  that  the  absence  from  the  service  did  not  exceed 
four  months,  and  that  such  soldier  served  faithfully  under  his  re- 
enlistment.    Sec.  3,  Act  of  Mar.  2,  1889  (25  Stat.  870);  and  Act  of 
May  9,  1892  (27  id,  27}. 

(See  remark  following  paragraph  448,  which  is  equally  applicable  to  this 
paragraph. ) 

446.  Same — Where  restored  to  duty. — Whenever  it  shall  appear 
from  the  official  records  in  the  office  of  the  Adjutant-General,  United 
States  Army  [or  the  Record  and  Pension  Office  of  the  War  Depart- 
ment], that  any  regular  or  volunteer  soldier  of  the  late  war  was 
formally  restored  to  duty  from  desertion  by  the  commander  compe- 
tent to  order  his  trial  for  the  offense,  or,  having  deserted  and  being 
charged  with  desertion,  was,  on  return  to  the  service,  suffered,  with- 
out such  formal  restoration,  to  resume  his  place  in  the  ranks  of  his 


184  MILITARY   LAWS  OF   THE   UNITED  STATES. 

command,  serving  faithfully  thereafter  until  the  expiration  of  his 
term,  such  soldier  shall  not  be  deemed  to  rest  under  any  disability 
because  of  such  desertion  in  the  prosecution  of  any  claim  for  pen- 
sion, on  account  of  disease  contracted  or  wounds  or  injuries  received 
in  the  line  of  his  duty  as  a  solider.  Sec.  h  Act  of  Mar.  #,  1889  (25 
Stai.  870). 

(See  remarks  which  follows  paragraph  448.) 

447.  Same — Heirs  to  receive  pay  and  bounty. — When  the  charge 
of  desertion  shall  be  removed  under  the  provisions  of  this  act  from 
the  record  of  any  soldier,  such  soldier,  or,  in  case  of  his  death,  the 
heirs  or  legal  representatives  of  such  soldier,  shall  receive  the  pay 
and  bounty  due  to  such  soldier.    Sec.  5,  id. 

448.  Same — Pay,  etc.,  while  absent  without  leave. — This  act  shall 
not  be  so  construed  as  to  give  to  any  such  soldier,  or,  in  case  of  his 
death,  to  the  heirs  or  legal  representatives  of  any  such  soldier,  any 
pay,  bounty,  or  allowance  for  any  time  during  which  such  soldier  was 
absent  from  his  command  without  proper  authority,  nor  shall  it  be 
so  construed  as  to  give  any  pay,  bounty,  or  allowance  to  any  soldier, 
his  heirs  or  legal  representatives,  who  served  in  the  Army  a  period 
of  less  than  six  months.1     Sec.  5,  id. 

449.  Same — Mexican   War   soldiers. — The   Secretary   of   War   is 
hereby  authorized  and  directed  to  amend  the  military  record  of  any 
soldier  who  enlisted  for  the  war  with  Mexico,  upon  proper  applica- 
tion, where  the  rolls  and  records  of  the  Ad  jut  ant- General's  Office 
show  the  charge  of  desertion  against  him,  when  such  rolls   and 
records  show  the  facts  set  out  in  the  following  cases: 

First.  That  said  soldier  served  faithfully  the  full  term  of  his 
enlistment,  or  having  served  faithfully  for  six  months  or  more,  and 
until  the  fourth  day  of  July  anno  Domini  eighteen  hundred  and 
forty-eight,  left  his  command  without  having  received  a  discharge. 

Second.  That  such  soldier,  after  said  charge  of  desertion  was 
entered  on  the  rolls,  voluntarily  returned  to  his  command  within  a 
reasonable  time,  and  served  faithfully  until  discharge.  Sec.  6,  id. 

450.  Same — Exceptions. — The  provisions  of  this  act  shall  not  be 
so  construed  as  to  relieve  any  soldier  from  the  charge  of  desertion 

1  The  persons  from  whose  military  record  there  may  be  a  removal  of  the 
charge  of  desertion,  under  the  act  of  March  2,  1889,  chapter  390,  are  those 
against  whom  such  a  charge  is  "now  standing."  Deserters,  therefore,  whose 
cases  had,  at  the  date  of  the  act,  been  judicially  duly  disposed  of — by  trial, 
conviction,  and  sentence  by  court-martial — are  not  within  the  purview  of  the 
statute.  (Dig.  Opin.  J.  A.  G.,  p.  421,  XVI,  a.) 

A  pardon  does  not  operate  retroactively,  and  can  not  therefore  "  remove  a 
charge  "  of  desertion.  It  does  not  wipe  out  the  fact  that  the  party  did  desert, 
nor  can  it  make  the  record  say  that  he  did  not  desert.  It  can  not  change  facts 
of  history.  (Id.,  p.  418,  XV,  A.) 

The  restoration  of  a  deserter  to  duty  without  trial  does  not  operate  as  an 
acquittal,  or  relieve  the  charge  of  desertion.  (Id.,  p.  423,  XVI,  E.) 

For  a  general  discussion  of  this  subject  see  Digest  J.  A.  G.,  pp.  420  et  seq. 


MILITARY   LAWS   OF   THE  UNITED   STATES.  185 

who  left  his  command  from  disaffection  or  disloyalty  to  the  Gov- 
ernment, or  to  evade  the  dangers  and  hardships  of  the  service,  or 
whilst  in  the  presence  of  the  enemy  (not  being  sick  or  wounded), 
or  while  in  arrest  or  under  charges  for  beach  of  military  duty,  or  in 
case  of  a  soldier  of  the  Mexican  war  who  did  not  actually  reach  the 
seat  of  war.  Sec.  7,  id. 

451.  Same — When  soldier  is  to  be  restored  to  honorable  status. — 
When  such  charge  of  desertion  is  removed  under  the  provisions  of 
this  act,  the  soldier  shall  be  restored  to  a  status  of  honorable  service, 
his  military  record  shall  be  corrected  as  the  facts  may  require,  and 
an  honorable  discharge  shall  be  issued  in  those  cases  where  the  sol- 
dier has  received  none;  and  he  shall  be  restored  to  all  his  rights  as 
to  pension,  pay,  or  allowances  as  if  the  charge  of  desertion  had  never 
been  made;  and  in  case  of  the  5eath  of  said  soldier,  his  widow  or 
other  legal  heir  shall  be  entitled  to  the  same  rights  as  in  case  of  other 
deceased  honorably  discharged  soldiers.    Sec.  8,  id. 

452.  Same — No  pay  while  absent. — This  act  shall  not  be  construed 
to  give  to  any  soldier,  or  his  legal  representatives  or  heir,  any  pay  or 
allowance  for  any  period  of  time  he  was  absent  without  leave  and 
not  in  the  performance  of  military  duty.    Sec.  5,  id. 

453.  Same — Limitation. — All  applications  for  relief  under  this  act 
shall  be  made  to  and  filed  with  the  Secretary  of  War  within  the 
period  of  three  years  from  and  after  July  first,  eighteen  hundred 
and  eighty-nine,  and  all  applications  not  so  made  and  filed  within 
said  term  of  three  years  shall  be  forever  barred,  and  shall  not  be 
received  or  considered.     Sec.  9,  id.,  871. 

(The  act  of  July  27,  1892  (27  Stat,  278),  extended  the  operation  of  this  sec- 
tion for  a  period  of  two  years  from  July  1,  1892.    See  next  paragraph.) 

454.  Same — Time  for  applications  extended. — Section  nine  of  the 
act  for  the  relief  of  certain  volunteer  and  regular  soldiers  of  the  late 
war  and  the  war  with  Mexico,  approved  March  second,  eighteen  hun- 
dred and  eighty-nine,  is  hereby  so  amended  as  to  remove  the  limita- 
tion of  time  within  which  applications  for  relief  may  be  received  and 
acted  upon  under  the  provisions  of  said  act.    Act  of  Mar.  2,  1895 
(28  Stat.  814). 

(See  remarks  following  paragraph  453.) 

455.  Remuster  of  officers  of  volunteers. — Any  person  who  was  duly 
appointed  or  commissioned  to  be  an  officer  of  the  volunteer  service 
during  the  war  of  the  rebellion,  and  who  was  subject  to  the  muster- 
ing regulations  at  the  time  applied  to  members  of  the  volunteer 
service,  shall  be  held  and  considered  to  have  been  mustered  into  the 
service  of  the  United  States  in  the  grade  named  in  his  appointment 
or  commission  from  the  date  from  which  he  was  to  take  rank  under 
and  by  the  terms  of  his  said  appointment  or  commission,  whether 


186  MILITARY   LAWS   OF   THE   UNITED  STATES. 

the  same  was  actually  received  by  him  or  not,  and  shall  be  entitled 
to  pay,  emoluments,  and  pension  as  if  actually  mustered  at  that  date : 
Provided,  That  at  the  date  from  which  he  was  to  take  rank  by  the 
terms  of  his  said  appointment  or  commission  there  was  a  vacancy  to 
which  he  could  be  so  appointed  or  commissioned,  and  his  command 
had  either  been  recruited  to  the  minimum  number  required  by  law 
and  the  regulations  of  the  War  Department,  or  had  been  assigned 
to  duty  in  the  field,  and  that  he  was  actually  performing  the  duties 
of  the  grade  to  which  he  was  so  appointed  or  commissioned;  or  if 
not  so  performing  such  duties,  then  he  shall  be  held  and  considered 
to  have  been  mustered  into  service  and  to  be  entitled  to  the  benefits 
of  such  muster  from  such  time  after  the  date  of  rank  given  in  his 
commission  as  he  may  have  actually  entered  upon  such  duties :  Pro- 
vided further,  That  any  person  held  as  a  prisoner  of  war,  or  who 
may  have  been  absent  by  reason  of  wounds,  or  in  hospital  by  reason 
of  disability  received  in  the  service  in  the  line  of  duty,  at  the  date  of 
issue  of  his  appointment  or  commission,  if  a  vacancy  existed  for  him 
in  the  grade  to  which  so  appointed  or  commissioned,  shall  be  entitled 
to  all  the  benefits  to  which  he  would  have  been  entitled  under  this 
act  if  he  had  been  actually  performing  the  duties  of  the  grade  to 
which  he  was  appointed  or  commissioned  at  said  date :  Provided  fur- 
ther, That  this  act  shall  be  construed  to  apply  only  in  those  cases 
where  the  commission  bears  date  prior  to  June  twentieth,  eighteen 
hundred  and  sixty-three,  or  after  that  date  when  the  commands  of 
the  persons  appointed  or  commissioned  were  not  below  the  minimum 
number  required  by  then  existing  laws  and  regulations:  And  pro- 
vided further,  That  the  pay  and  allowances  actually  received  for  the 
period  covered  by  the  recognition  extended  under  this  act  shall  be 
deducted  from  the  sums  otherwise  to  be  paid  thereunder.  Sec.  1, 
Act  of  Feb.  ^4,  1897  (29  Stat.  593). 

456.  Same — Heirs,  etc.,  entitled  to  arrears  of  pay,  etc. — The  heirs 
or  legal  representatives  of  any  person  whose  muster  into  service  shall 
be  recognized  and  established  under  the  terms  of  this  act  shall  be 
entitled  to  receive  the  arrears  of  pay  and  emoluments  due,  and  the 
pension,  if  any,  authorized  by  law,  for  the  grade  to  which  recogni- 
tion shall  be  so  extended.    Sec.  2,  id. 

457.  Same — Pay  received  in  good  faith  not  to  ~be  refunded. — The 
pay  and  allowances  of  any  rank  or  grade  paid  to  and  received  by 
any  military  or  naval  officer  in  good  faith  for  services  actually  per- 
formed by  such  officer  in  such  rank  or  grade  during  the  war  of  the 
rebellion,  other  than  as  directed  in  the  fourth  proviso  of  the  first 
section  of  this  act,  shall  not  be  charged  to  or  recovered  back  from 
such  officer  because  of  any  defect  in  the  title  of  such  officer  to  the 
office,  rank,  or  grade  in  which  such  services  were  so  actually  per- 
formed.   Sec.  8,  id. 


MILITARY   LAWS   OF   THE  UNITED   STATES.  187 

458.  Certificates  of  service  in  military  telegraph  corps. — The  Sec- 
retary of  War  is  hereby  authorized  and  directed  to  prepare  a  roll  of 
all  persons  who  served  not  less  than  ninety  days  in  the  operation  of 
military  telegraph  lines  during  the  late  civil  war,  and  to  issue  to 
each,  upon  application,  unless  it  appears  that  his  service  was  not 
creditably  performed,  or  to  the  representatives  of  those  who  are 
dead,  suitable  certificates  of  honorable  service  in  the  military  tele- 
graph corps  of  the  Army  of  the  United  States,  stating  the  service 
rendered,  the  length  of  such  service,  and  the  dates,  as  near  as  may  be, 
between  which  such  service  was  performed:  Provided,  That  this 
law  shall  not  be  construed  to  entitle  the  persons  herein  mentioned  to 
any  pay,  pension,  bounty,  or  rights  not  herein  specifically  provided 
for.  Act  of  Jan.  26,  1897  (29  Stat.  497}. 

HISTORICAL   NOTE. 

The  office  of  adjutant-general,  which  had  existed  during  the  Government 
under  the  Articles  of  Confederation,  was  created  by  section  7  of  the  act  of 
March  5,  1792  (1  Stat.  241),  which  made  provision  for  an  adjutant  who 
was  to  do  the  duty  of  an  inspector;  section  3  of  the  act  of  May  30,  1796 
(id.,  483),  contained  a  similar  provision  for  an  inspector  who  was  to  do  the 
duty  of  adjutant-general,  but  who  was  to  continue  in  service  until  March  4, 

1797,  and  no  longer.     Temporary  provision  seems  to  have  been  made  for  the 
performance  of  the  duties  of  the  department  from  March  4,  1797,  until  May, 

1798,  when,  in  anticipation  of  war  with  France,  an  increase  of  the  military 
establishment  was  authorized  and  provision  made  in  section  6  of  the  act  of 
May  28,  1789   (id.,  538),  for  the  appointment  of  an  adjutant-general  with  the 
rank  and  pay  of  a  brigadier-general.     Section  14  of  the  act  of  March  3,  1799 
(id.,  749),  contained  the  requirement  that  the  adjutant-general  of  the  Army 
should  be,  ex  officio,  assistant  inspector-general,   and  that  deputy  inspectors- 
general  should  be,  ex  officio,  deputy  adjutants-general,  and  should  perform  the 
duties  of  adjutants-general  in  the  armies  to  which  they  mfight  be  assigned. 
These  officers  were  disbanded  on  June  15,  1800,  in  pursuance  of  a  requirement 
to  that  effect  contained  in  the  act  of  May  14,  1800  (2  id.,  85).     Section  3  of 
the  act  of  March  16,  1802  (id.,  132),  provided  for  an  adjutant  and  inspector  of 
the  Army,  who  was  to  be  taken  from  the  field  officers.     Section  4  of  the  act 
of  January  11,  1812  (id.,  671),  created  the  office  of  adjutant-general,  with  the 
rank  and  pay  of  a  brigadier-general,  which  continued  to  exist  until  the  close 
of  the  war,  when  it  was  discontinued  in  the  reduction  accomplished  by  the  act 
of  March  3,  1815  (3  id.,  224).    The  duties  of  the  department  were  again  per- 
formed by  officers  temporarily  detailed  for  the  purpose  for  a  little  more  than 
a  year,  when,  by  the  act  of  April  24,  1816  (3  id.,  297),  the  temporary  establish- 
ment was  made  permanent  and  the  strength  of  the  department  was  fixed  at  one 
adjutant    and    inspector-general    (brigadier-general),    one   assistant    adjutant- 
general  (colonel)  for  each  division,  and  one  assistant  adjutant-general  (major) 
for  each  brigade.    At  the  general  reduction  of  1821  the  department  was  reduced 
to   a    single   officer — an   adjutant-general    of   the  Army — with   the   rank   of   a 
colonel  of  cavalry.     By  section  7  of  the  act  of  July  5,  1838   (5  id.,  256),  two 
assistant   adjutants-general    (brevet   majors)    and   four   brevet   captains  were 
added  to  the  department.    By  section  6  of  the  act  of  June  18,  1846  (9  id.,  17), 
four  assistant  adjutants-general  were   added  for   the  period   of  the  existing 
war;  by  section  2  of  the  act  of  March  3,  1847  (id.,  184),  one  lieutenant-colonel 
and  two  brevet  captains  were  authorized  under  the  same  restriction   as  to 
tenure  of  office.    By  section  3  of  the  act  of  July  19,  1848  (id.,  247),  the  limita- 
tion contained  in  the  two  acts  last  cited  was  removed,  and  the  establishment, 
as  it  existed  at  the  close  of  the  war  with  Mexico,  was  made  permanent;  the 
vacancies  were  not  to  be  filled,  however,  until  the  further  order  of  Congress; 
but,  by  section  4  of  the  act  of  March  2,  1849  (id.,  351),  this  restriction  was  re- 
pealed and  the  President  was  authorized  to  make  appointments  and  promotions 
in  the  department  as  then  constituted  by  law. 

At  the  outbreak  of  the  war  of  the  rebellion  the  department  was  reorganized, 
its  composition  being  fixed  by  the  act  of  August  3,  1861  (12  Stat.  287),  at  1 


188  MILITARY   LAWS   OF  THE   UNITED   STATES. 

brigadier-general,  1  colonel,  2  lieutenant-colonels,  4  majors,  and  12  captains. 
By  section  22  of  the  act  of  July  17,  1862  (id.,  597),  1  colonel,  2  lieutenant- 
colonels,  and  9  majors  were  added  to  the  establishment,  with  the  requirement 
that  vacancies  in  the  grade  of  major  should  thereafter  be  filled  by  selections 
from  captains  in  the  Army.  By  section  10  of  the  act  of  July  28,  1866  (14  id., 
333),  the  composition  of  the  department  was  fixed  as  follows:  One  brigadier- 
general,  2  colonels,  4  lieutenant-colonels,  and  13  majors.  The  grade  of  cap- 
tain not  being  provided  for  in  this  enactment  was  thenceforward  discontinued. 
This  statute  contained  the  requirement  that  vacancies  in  the  oflice  of  adjutant- 
general  should  thereafter  be  filled  by  selection  from  the  officers  of  the  de- 
partment. By  section  2  of  the  act  of  March  3,  1869  (15  id.,  318),  promotions 
and  appointments  in  the  department  were  forbidden  until  the  further  order 
of  Congress,  but  by  joint  resolution  No.  12,  of  April  10,  1869  (16  id.,  53), 
this  statute  was  suspended  in  its  operation  as  to  vacancies  which  had  existed 
on  March  3,  1869.  By  the  act  of  March  3,  1873  (17  id.,  578),  the  appointment 
of  1  major  to  the  department  was  authorized,  and,  by  the  act  of  March  3, 
1875  (18  id.,  478),  the  restriction  upon  appointments  and  promotions  imposed 
by  the  act  of  March  3,  1869,  was  removed,  and  the  composition  of  the  depart- 
ment fixed  at  1  brigadier-general,  2  colonels,  4  lieutenant-colonels,  and  1.0 
majors.  By  the  act  of  February  28,  1887  (24  id.,  434),  the  grades  of  rank  of 
the  officers  constituting  the  department  were  rearranged  so  as  to  consist  of 
1  brigadier-general,  4  colonels,  6  lieutenant-colonels,  and  6  majors,  the  vacan- 
cies created  by  the  act  to  be  filled  by  promotion  according  to  seniority.  By 
the  act  of  August  6.  1894  (28  id.,  234),  the  number  of  majors  in  the  department 
was  reduced  to  4.  By  the  act  of  May  18,  1898  (30  id.,  419),  the  appointment 
of  1  colonel  and  1  major  was  authorized,  with  the  proviso  that,  upon  the 
muster  out  of  the  volunteer  forces,  no  promotions  or  appointments  should  be 
made  until  the  number  of  officers  of  the  above  grades  had  been  reduced  to  that 
authorized  by  the  law  in  force  prior  to  the  passage  of  the  act.  By  section  3  of 
the  act  of  June  6,  1900  (31  id.,  655),  the  rank  of  major-general  was  conferred 
upon  the  adjutant-general  "  during  the  service  of  the  present  incumbent." 
By  section  13  of  the  act  of  February  2,  1901  (31  id.,  751),  the  permanent 
strength  of  the  department  was  fixed  at  1  adjutant-general  with  the  rank  of 
major-general,  until  a  vacancy  shall  occur  in  the  office  on  the  expiration  of 
the  service  of  the  present  incumbent,  by  retirement  or  otherwise,  and  there- 
after with  the  rank  of  brigadier-general,  5  assistant  adjutants-general  with 
the  rank  of  colonel,  7  assistant  adjutants-general  with  the  rank  of  lieutenant- 
colonel,  and  15  assistant  adjutants-general  with  the  rank  of  major.  A  system 
of  details  was  also  established,  by  the  operation  of  which  the  permanent  com- 
missioned personnel  of  the  department  will  be  gradually  replaced,  as  vacancies 
occur,  by  officers  detailed  from  the  line  of  the  Army  for  duty  in  the  Adjutant- 
General's  Department. 

By  the  act  of  April  23,  1904,  the  offices  of  the  Adjutant-General's  Depart- 
ment, except  the  adjutant-general,  and  the  officers  of  the  Record  and  Pension 
Oflice,  were  constituted  a  department  of  the  Army  to  be  known  as  the  Military 
Secretary's  Department;  the  Adjutant  General's  Office  and  the  Record  and 
Pension  Office  constituting  a  bureau  of  the  War  Department  to  be  known  as 
the  Military  Secretary's  Office. 

By  the  act  of  March  2,  1907,  the  name  of  the  Military  Secretary's  Depart- 
ment was  changed  to  Adjutant-General's  Department  and  the  Military  Secre- 
tary's Office  became  the  Adjutant-General's  Office. 


CHAJPTER 


THE  INSPECTOK-GENEKAL'S  DEPARTMENT. 


Par. 
The  Inspector  General' s  Department: 

Composition 459 

Expert  accountant 460* 

Duties  of  Inspector  General ....  461 
Reports  of  inspections 462 


Par. 


The    Inspector    General's     Depart- 
ment— Continued. 
Inspection  of  Volunteer  Soldiers' 

Homes 463,  463$ 

Inspector-General  of  Army  to  in- 
spect Soldiers'  Home 464 


459.  Composition. — That     the     Inspector-General's     Department 
shall  consist  of  one  Inspector-General  with  the  rank  of  brigadier- 
general,  four  inspectors-general  with  the  rank  of  colonel,  four  in- 
spectors-general  with    the    rank    of   lieutenant- colonel,    and    eight 
inspectors-general  with  the  rank  of  major:  Provided,  That  all  va- 
cancies created  or  caused  by  this  section  shall  be  filled,  as  far  as 
possible,  by  promotion  according  to  seniority  of  officers  of  the  In- 
spector-General's Department.    Sec.  H,  Act  of  Feb.  8, 1901  (31  Stat. 
751}. 

Upon  the  occurrence  of  a  vacancy  in  the  grade  of  colonel  in  the 
Inspector-General's  Department  after  the  present  lieutenant-colonels 
therein  shall  have  been  promoted  or  retired,  such  vacancy  shall  not 
be  filled,  and  thereafter  the  number  of  officers  authorized  for  that 
department  shall  be  as  follows :  One  inspector-general  with  the  rank 
of  brigadier-general ;  three  inspectors-general  with  the  rank  of  colo- 
nel; four  inspectors-general  with  the  rank  of  lieutenant-colonel, 
and  nine  inspectors-general  with  the  rank  of  major.  Act  of  Mar.  #, 
1901  (31  Stat.  899}. 

(The  reduction  provided  for  in  the  act  of  March  2,  1901,  has  been  accom- 
plished. For  the  statutory  regulations  in  regard  to  details  and  promotions  in 
the  Inspector  General's  Department,  see  chapter  entitled  Staff  Departments.) 

460.  Kxpert  accountant. — For  pay  of  one  expert  accountant  for 
the   Inspector-General's   Department,   to   be   appointed   in   case   of 
vacancy,  by  the  Secretary  of  War,  two  thousand  five  hundred  dol- 
lars.   Act  of  Feb.  n,  1891  (26  Stat.  773} . 

(This  item,  contained  in  an  appropriation  act,  served  to  authorize  the  employ- 
ment of  an  expert  accountant ;  the  authority  has  been  continued  in  a  similar 
manner.  For  the  law  covering  the  mileage  of  the  expert  accountant  see  chap- 
ter entitled  Quartermaster  Corps  under  the  head  "Payments  to  the  Army"). 

189 


190  MILITABT  LAWS  OF  THE  UNITED  STATES. 

461.  Duties  of  Inspectors  General. — It  shall  be  the  duty  of  the 
Secretary  of  War  to  cause  frequent  inquiries  to  be  made  as  to  the 
necessity,  economy,  and  propriety  of   all  disbursements  made  by 
disbursing  officers  of  the  Army,  and  as  to  their  strict  conformity 
to  the  law  appropriating  the  money;  also  to  ascertain  whether  the 
disbursing  officers  of  the  Army  comply  with  the  law  in  keeping  their 
accounts  and  making  their  deposits;  such  inquiries  to  be  made  by 
officers  of  the  Inspection  Department  of  the  Army,  or  others  de- 
tailed for  that  purpose:  Provided,  That  no  officer  so  detailed  shall 
be  in  any  way  connected  with  the  department  or  corps  making  the 
disbursement.    Act  of  Apr.  00, 18? '4  (18  Stat.  33) . 

(For  the  general  duties  of  the  Inspector  General's  Department  see  A.  R., 
1913,  paragraphs  878-902.) 

462.  Reports  of  inspections. — That  the  reports  of  such  inspections 
shall  be  made  out  and  forwarded  to  Congress  with  the  annual  report 
of  the  Secretary  of  War.    Sec.  8,  Id. 

(See  paragraphs  412  and  413.) 

463.  Inspections  of  Volunteer  Soldiers'  Homes. — The  Secretary  of 
War  shall  hereafter  exercise  the  same  supervision  over  all  receipts 
and  disbursements  on  account  of  the  Volunteer  Soldiers'  Homes  as 
he  is  required  by  law  to  apply  to  the  accounts  of  disbursing  officers 
of  the  Army.    Act  of  Mar.  3, 1893  (27  Stat.  653) . 

(See  paragraph  412.) 

463J.  Same — Annual  inspection  ~by  officer  of  Inspector  General's 
Department. — Hereafter,  one  in  each  fiscal  year,  the  Secretary  of 
War  shall  cause  a  thorough  inspection  to  be  made  of  the  National 
Home  for  Disabled  Volunteer  Soldiers,  its  records,  disbursements, 
management,  discipline,  and  condition,  such  inspection  to  be  made 
by  an  officer  of  the  Inspector  General's  Department,  who  shall  re- 
port thereon  in  writing,  and  said  report  shall  be  transmitted  to  Con- 
fress  at  the  first  session  thereafter.     Act  of  Aug.  18,  1894    (%$ 
tat.  418). 

464.  Inspector-General  of  Army  to  inspect  Soldiers'9  Home. — The 
Inspector-General  of  the  Army  shall,  in  person,  once  in  each  year 
thoroughly  inspect  the  [Soldiers']  Home,  its  records,  accounts,  man- 
agement, discipline,  and  sanitary  condition,  and  shall  report  thereon 
in  writing,  together  with  such  suggestions  as  he  desires  to  make. 
Sec.  8,  Act  of  Mar.  3, 1883  (22  Stat.  564)  - 

(For  the  law  in  regard  to  the  inspection  of  the  Military  Prison  see  paragraph 
479  post.) 

HISTOBICAL   NOTE. 

The  Inspector  General's  Department  had  existed  during  the  War  of  the  Revo- 
lution, the  office  of  inspector  general  having  been  held  by  Baron  Steuben,  whose 
appointment  was  approved  by  Congress  in  a  resolution  dated  May  25,  1778. 
During  the  incumbency  of  Baron  Steuben  a  system  of  drill  regulations  was 
prepared  and  introduced,  which  continued  in  use  until  replaced,  in  part,  by  the 


MILITARY   LAWS   OF   THE   UNITED  STATES.  191 

system  prepared  by  Col.  Alexander  Smyth  in  1810,  being  finally  superseded  by 
the  drill  regulations  prepared  by  Major  General  Scott  in  1821.  On  June  25, 1788, 
in  conformity  to  a  resolution  of  Congress  of  that  date,  the  Inspector's  Depart- 
ment ceased  to  exist,  and  the  inspection  of  the  troops  was  conducted  for  a  time 
by  officers  of  the  line  detailed  for  the  purpose.  By  section  4  of  the  act  of  April 
30,  1790  (1  Stat.  119),  the  appointment  of  one  inspector  was  authorized  for  the 
establishment  created  by  that  enactment.  The  act  of  March  5,  1792  (id.,  241), 
merged  the  duties  of  the  Adjutant  and  Inspector  General's  Departments  and 
made  provision  for  an  adjutant  who  was  to  do  the  duty  of  an  inspector;  section 
3  of  the  act  of  May  30,  1796  (id.,  483),  made  similar  provision  for  an  inspector 
who  was  to  do  the  duty  of  an  adjutant.  The  acts  of  March  3,  1797  (id.,  507), 
and  May  22,  1798  (id.,  557),  authorized  the  detail  of  an  officer  of  the  line  to 
perform  the  duties  of  inspector  general.  Section  6  of  the  act  of  May  28,  1798 
(id.,  588),  passed  in  contemplation  of  war  with  France,  authorized  the  appoint- 
ment of  an  inspector  general  with  the  rank  of  major  general,  and  on  July  18, 
1798,  Gen.  Alexander  Hamilton  was  appointed  to  the  vacancy.  The  temporary 
military  establishment  thus  authorized,  which  was  never  fully  completed,  was 
disbanded  by  the  acts  of  February  20, 1800  (2  id.,  7),  and  May  14,  1800  (id.,  85), 
and  the  duties  of  the  department  were  again  performed  by  detail  until  the 
office  of  inspector  was  created  by  section  4  of  the  act  of  March  16,  1802  (id., 
132)  ;  by  sction  3  of  the  act  of  April  12,  1808  (id.,  481),  two  brigade  inspectors 
were  authorized  to  be  detailed  from  the  line  with  increased  rank ;  by  the  act  of 
December  24,  1811  (id.,  669),  the  office  of  inspector  general  (brigadier  general) 
was  created  and  two  assistants  (lieutenant  colonels)  were  authorized;  the 
duties  of  the  department  were  defined  in  regulations  approved  by  the  Secretary 
of  War  on  November  4,  1812.  By  the  act  of  March  3,  1813  (id.,  819),  the  Adju- 
tant and  Inspector  General's  Departments  were  again  merged.  The  act  of 
March  3,  1815  (3  id.,  224),  fixing  the  peace  establishment,  made  no  express  pro- 
vision for  these  departments,  their  duties  being  performed  by  officers  tempo- 
rarily detailed  for  the  purpose.  By  section  10  of  the  act  of  April  24,  1816 
(id.,  297),  however,  the  temporary  establishment  which  had  existed  since  1815 
was  made  permanent.  Provision  was  also  made  for  an  Adjutant  and  Inspector 
General  of  the  Army,  together  with  an  inspector  general  to  each  division  and 
an  assistant  to  each  brigade,  which  were  to  be  filled  by  detail  of  officers  from 
the  line.  At  the  general  reduction  of  1821  the  Inspector  General's  Department 
was  recognized  and  continued  by  section  6  of  the  act  of  March  2,  1821  (id.,  615), 
its  composition  being  fixed  at  two  inspectors  general  with  the  rank  and  pay 
of  colonels  of  cavalry.  By  section  4  of  the  act  of  August  23,  1842  (5  id.,  512), 
the  department  was  reduced  to  one  officer;  the  disbanded  officer  was  restored, 
however,  by  the  act  of  June  12,  1846  (9  id.,  2),  and  the  composition  of  the  de- 
partment, as  thus  established,  underwent  no  change  until  the  outbreak  of  the 
War  of  the  Rebellion. 

By  section  2  of  the  act  of  August  3,  1861  (12  id.,  287),  five  majors  were  added 
to  the  department;  by  section  4  of  the  act  of  August  6,  1861  (id.,  318),  two 
colonels  were  authorized ;  and  provision  for  the  inspection  service  of  the  armies 
in  the  field  was  made  by  section  10  of  the  act  of  July  17,  1862  (id.,  299),  which 
authorized  the  rank  and  pay  of  lieutenant  colonel  of  cavalry  to  be  conferred 
upon  the  inspectors  general  of  Army  corps.  By  section  11  of  the  act  of  July 
28,  1866  (14  id.,  334),  the  composition  of  the  department  was  fixed  as  follows: 
Four  colonels,  three  lieutenant  colonels,  and  two  majors.  Section  6  of  the  act 
of  March  3,  1869  (15  id.,  318),  contained  the  requirement  that  there  should  be 
no  promotions  or  appointments  in  the  staff  until  otherwise  directed  by  law ;  by 
the  acts  of  June  8,  1872  (17  id.,  338),  and  June  16,  1874  (18  id.,  77),  promotions 
were  authorized  to  correct  inequalities  in  the  rank  of  officers  of  the  department. 
By  the  act  of  June  23,  1874  (id.,  244),  the  restriction  contained  in  the  act  of 
March  3,  1869,  was  removed  and  the  strength  of  the  department  fixed  at  one 
inspector  general  with  the  rank  of  colonel,  two  inspectors  general  with  the  rank 
of  lieutenant  colonel,  and  two  inspectors  general  with  the  rank  of  major;  au- 
thority was  also  conferred  for  the  detail  of  four  officers  from  the  line  of  the 
Army  for  service  as  assistant  inspectors  general,  who  were  to  receive  the 
mounted  pay  of  their  grades,  and  no  appointments  were  to  be  made  to  the  gradev. 
of  major  until  the  number  of  officers  in  the  department  had  been  reduced  to  five. 
By  the  act  of  December  12,  1878  (20  id.,  257),  the  rank  of  brigadier  general 
was  conferred  upon  the  senior  inspector  general.  By  the  act  of  February  5, 
1885  (23  id.,  297),  the  composition  of  the  department  was  fixed  as  follows: 
One  inspector  general  (brigadier  general),  two  colonels,  two  lieutenant  colonels, 
and  two  majors.  It  was  also  provided  that  the  inspector  general  should  be 


192  MILITAKY   LAWS   OF   THE   UNITED   STATES. 

selected  from  the  officers  of  the  corps,  that  promotions  should  be  by  seniority 
in  the  department,  and  that  appointments  to  the  grade  of  major  should  be 
made  from  the  captains  in  the  line  of  the  Army.  By  the  act  of  July  7,  1898 
(30  id.,  720),  one  colonel,  one  lieutenant  colonel,  and  one  major  were  added 
to  the  department  under  the  conditions  above  set  forth. 

By  section  14  of  the  act  of  February  2,  1901  (31  id.,  751),  the  permanent 
strength  of  the  department  was  fixed  at  one  inspector  general  with  the  rank 
of  brigadier  general,  four  inspectors  general  with  the  rank  of  colonel,  four 
inspectors  general  with  the  rank  of  lieutenant  colonel,  and  eight  inspectors  gen- 
eral with  the  rank  of  major.  A  system  of  details  was  also  established,  by  the 
operation  of  which  the  permanent  commissioned  personnel  of  the  department 
will  be  gradually  replaced,  as  vacancies  occur,  by  officers  detailed  from  the 
line  of  the  Army  for  duty  in  the  Inspector  General's  Department. 

The  act  of  March  3,  1901  (31  Stat.  899),  modified  the  organization  prescribed 
in  the  act  of  February  2,  1901,  by  the  insertion  of  the  requirement  that,  upon 
the  occurrence  of  a  vacancy  in  the  grade  of  colonel,  after  the  present  lieutenant 
colonels  shall  have  been  promoted  or  retired,  the  vacancy  shall  not  be  filled 
and  thereafter  the  number  of  officers  authorized  for  the  department  shall  be  as 
follows:  One  inspector  general  with  the  rank  of  brigadier  general,  three  in- 
spectors general  with  the  rank  of  colonel,  four  inspectors  general  with  the  rank 
of  lieutenant  colonel,  and  nine  inspectors  general  with  the  rank  of  major. 


CHAPTER 


THE  JUDGE  ADVOCATE  GENERAL'S  DEPARTMENT- 
MILITARY  PRISON. 


Par. 

Judge   Advocate   General's   Depart- 
ment  i 465-4f3 

Organization 465 

Number  of  majors  increased ....  466 
Promotions,    appointments,    de- 
tails  467 

Vacancies 468 

Acting  judge  advocates 469 

Duties  of  judge  advocates 470 

The  Judge  Advocate  General  to 
record  court-martial  proceed- 
ings  471 

Professor  of  law  at  the  Military 

Academy 472 

Judge  advocates  of  departments, 

etc.,  may  administer  oaths 473 

Military  Prison 474^94 

Establishment    of,    at    Rock 

Island,  111 474 

Establishment  of,  at  Fort  Leaven- 
worth,  Kans 475 

Branch  prisons 476 

Government  and  control  of 
prison 477 


Par. 
Military  Prison — Continued. 

Visitation  of  prison 478 

Examination  of  accounts,  etc ...  479 

Officers  and  attendants 480 

Powers  and  duties  of  comman- 
dant   481 

Bond  of  commandant 482 

Officers,  etc.,  not  to  be  interested 

in  contracts 483 

Officers  suffering  prisoner  to  es- 
cape    484 

Soldiers  suffering  prisoner  to  es- 
cape  485 

Employment   of  convicts,    pro- 
ceeds of  work 486 

Manufacture  of  military  supplies.  487 
Conduct  of  prisoners,  remissions.  488 

Privileges  of  prisoners 489 

Provisions  for  prisoners 490 

Misconduct  of  prisoners 491 

Forbidden  punishments 492 

Prisoners  subject  to  Articles  of 

War 493 

Clothing  at  discharge 494 


465.  Organization. — The  Judge- Advocate-General's  Department1 
shall  consist  of  one  Judge- Advocate-General  with  the  rank  of  brig- 
adier-general, two  judge-advocates  with  the  rank  of  colonel,  three 
judge-advocates  with  the  rank  of  lieutenant-colonel,  six  judge- 
advocates  with  the  rank  of  major,  and  for  each  geographical  de- 
partment or  tactical  division  of  troops  not  provided  with  a  judge- 
advocate  from  the  list  of  officers  holding  permanent  commissions  in 
the  Judge-Advocate-General's  Department,  one  acting  judge-advocate 

1  Sections  1198  and  1200  of  the  Revised  Statutes  and  section  2  of  the  act  of 
June  23,  1874  (18  Stat.  244),  were  replaced  by  the  act  of  July  5,  1884  (23  Stat. 
113),  which  merged  the  Bureau  of  Military  Justice  and  the  corps  of  judge-advo- 
cates in  the  Judge-Advocate-General's  Department,  created  by  that  statute. 

48985°— 15 13  193 


194  MILITARY   LAWS   OF   THE  UNITED  STATES. 

with  the  rank,  pay,  and  allowances  of  captain  mounted.1    Sec.  15, 
Act  of  Feb.  2, 1901  (31  Stat.  751). 

466.  Number    of   majors    increased. — Hereafter    the    number    of 
majors  in  said  department  shall  be  seven :  Provided,  That  this  shall 
not  be  so  construed  as  to  increase  the  total  number  of  officers  now  in 
the  Eegular  Army.    Act  of  Mar.  2, 1913  (37  Stat.  708) . 

467.  Promotions,  appointments,  details. — Promotions  in  the  Judge  • 
Advocate-General's  Department,  as  provided  in  the  first  section  of 
this  act,  shall  be  by  seniority  up  to  and  including  the  rank  of  colonel. 
Sec.  2,  Act  of  July  5, 1884  (®3  Stat.  113). 

468.  Vacancies. — Vacancies  created  or  caused  by  this  Act  in  the 
grade  of  major  may  be  filled  by  appointment  of  officers  holding 
commissions  as  judge-advocate  of  volunteers  since  April  twenty-first, 
eighteen  hundred   and  ninety-eight.     Vacancies  which  may  occur 
thereafter  in  the  grade  of  major  in  the  Judge- Advocate-General's 
Department  shall  be  filled  by  the  appointment  of  officers  of  the  line, 
or  of  persons  who  have  satisfactorily  served  as  judge-advocates  of 
volunteers  since  April  twenty-first,  eighteen  hundred  and  ninety- 
eight,  or  of  persons  from  civil  life  who  at  date  of  appointment  are 
not  over  thirty-five  years  of  age  and  who  shall  pass  a  satisfactory 
examination  to  be  prescribed  by  the  Secretary  of  War.    Sec.  15,  Act 
of  Feb.  2, 1901  (31  Stat.  751). 

469.  Acting   judge-advocates. — Acting   judge- advocates   provided 
for  herein  shall  be  detailed  from  officers  of  the  grades  of  captain  or 
first  lieutenant  of  the  line  of  the  Army,  who,  while  so  serving,  shall 
continue  to  hold  their  commissions  in  the  arm  of  service  to  which 
they  permanently  belong.    Upon  completion  of  a  tour  of  duty,  not 
exceeding  four  years,  they  shall  be  returned  to  the  arm  in  which  com  - 
missioned,  and  shall  not  be  again  detailed  until  they  shall  have  com- 
pleted two  years  duty  with  the  arm  of  service  in  which  commis- 
sioned.   Id. 

470.  Duties  of  judge- advocates. — Judge- advocates  shall  perform 
their   duties  under  the   direction   of  the   Judge-Advocate-General. 
Sec.  1W1,  R.  S. 

(For  the  executive  regulations  determining  the  duties  of  the  Judge-Advocate- 
General's  Department,  see  Army  Regulations,  paragraphs  915  to  921,  inclusive, 
1913.  General  Order  56,  War  Department,  1913,  places  the  direction  and  control 
of  the  United  States  Military  Prison,  as  well  as  of  the  prison  maintained  at 
Castle  Williams,  Fort  Jay,  N.  Y.,  under  the  Judge-Advocate-General  of  the 
Army. ) 

471.  The  Judge-Advocate-General  to  record  Court- Martial  pro- 
ceedings.— The   Judge-Advocate-General   shall   receive,   revise   and 
cause  to  be  recorded  the  proceedings  of  all  courts-martial,  courts  of 

1  This  section  repeals  and  replaces  section  1  of  the  act  of  July  5,  1884  (23  Stat 
113),  in  pari  materia. 


MILITARY   LAWS   OF    THE   UNITED   STATES.  195 

inquiry,  and  military  commissions,  and  perform  such  other  duties  as 
have  been  performed  heretofore  by  the  Judge- Advocate-General  of 
the  Army.1  Sec.  1199,  R.  S. 

472.  Professor  of  law  at  the  Military  Academy. — The  Secretary 
of  War  may  assign  one  of  the  judge- advocates  of  the  Army  to  be 
professor  of  law.    Act  of  June  6, 1874  (18  Stat.  60). 

(The  Secretary  of  War  may  assign  any  officer  of  the  Army  as  professor  of 
law.  See  paragraph  1116.) 

473.  Judge- Advocates    of    Departments,    etc.,    may    administer 
oaths. — Judge-advocates  of  departments  and  of  courts-martial  and 
the  trial  officers  of  summary  courts  are  hereby  authorized  to  ad- 
minister oaths  for  the  purposes  of  military  justice  and  for  other  pur- 
poses of  military  administration.    Sec.  4,  Act  of  July  27,  1892  (27 
Stat.  278). 

1  The  work  done  in  his  office  and  for  which  this  officer  is  responsible  consists 
mainly  of  the  following  particulars:  Reviewing  and  making  reports  upon  the 
proceedings  of  trials  by  court-martial  of  officers,  enlisted  men  and  cadets,  and 
the  proceedings  of  courts  of  inquiry ;  making  reports  upon  applications  for  par- 
don or  mitigation  of  sentences;  preparing  and  revising  charges  and  specifica- 
tions prior  to  trial,  and  instructing  judge-advocates  in  regard  to  the  conduct 
of  prosecutions ;  drafting  of  contracts,  bonds,  etc. ;  as  also,  for  execution  by  the 
Secretary  of  War,  of  deeds,  leases,  licenses,  grants  of  rights  of  way,  approval 
of  locations  of  rights  of  way,  approval  of  plans  of  bridges,  power  dams,  and 
other  structures,  notices  to  alter  bridges  as  obstructions  to  navigation,  removal 
of  sunken  wrecks,  etc. ;  framing  of  bills  affecting  legislation  for  the  Army, 
Militia,  etc.,  forms  of  procedure,  etc. ;  preparing  of  opinions  upon  questions  re- 
lating to  the  appointment,  promotion,  rank,  pay,  allowances,  etc.,  of  officers,  en- 
listed men,  etc.,  and  to  their  amenability  to  military  jurisdiction  and  discipline; 
upon  the  civil  rights,  liabilities,  and  relations  of  military  persons  and  the  exer- 
cise of  the  civil  jurisdiction  over  them;  as  to  cases  of  death  under  Act  of 
May  11,  1908  (35  Stat.  108),  as  amended  by  the  Act  of  March  3,  1909  (35  Stat. 
f35)  ;  upon  the  employment  of  the  Army  in  the  execution  of  the  laws;  upon 
the  discharge  of  minors,  deserters,  etc.,  on  habeas  corpus;  upon  the  administra- 
tion of  military  commands,  the  care  and  government  of  military  reservations, 
militia  target  ranges,  etc.,  and  the  extent  of  the  United  States  and  State  juris- 
diction over  such  reservations  or  other  lands  of  the  United  States;  upon  the 
proper  construction  of  appropriation  acts  and  other  statutes;  upon  the  in- 
terpretations and  effect  of  public  contracts  between  the  United  States  and 
individuals  and  corporations;  upon  the  validity  and  disposition  of  the  varied 
claims  againts  the  United  States  presented  to  the  War  Department,  includ- 
ing injuries  received  by  employees  on  public  works  under  Act  of  May  30,  1908 
(35  Stat.  556)  ;  upon  the  execution  of  public  works  under  appropriation  by 
Congress;  upon  obstructions  to  navigation  as  caused  by  bridges,  dams,  locks, 
piers,  harbor  lines,  etc.,  upon  the  riparian  rights  of  the  United  States  and  of 
States  and  individuals  on  navigable  waters,  etc.;  and  the  furnishing  to  other 
departments  of  the  Government  of  statements  and  information  apposite  to 
claims  therein  pending;  as  to  the  application  of  the  eight-hour  law  (Act  of 
Aug.  1,  1892,  27  Stat.  340),  as  amended  by  the  Act  of  March  3,  1913  (37  Stat. 
726),  to  the  various  classes  of  work,  under  the  several  bureaus  of  the  War 
Department,  including  river  and  harbor  improvements ;  rewards  for  the  appre- 
hension and  delivery  of  deserters;  and  to  furnishing  to  individuals  under  the 
114  Article  of  War  copies  of  their  records  of  trial  by  general  courts-martial. 
The  matter  of  the  submitting  to  the  Judge-Advocate-General  of  applications  for 
opinions  is  regulated  by  paragraph  915,  Army  Regulations,  1913. 

By  General  Order  56,  War  Department,  1913,  the  Judge-Advocate-General  of 
the  Army  is  given  charge,  under  the  Secretary  of  War,  of  the  direction  and 
control  of  the  United  States  Military  Prison  and  of  the  prison  maintained  at 
Castle  Williams,  Fort  Jay,  N.  Y. 


196  MILITAEY  LAWS  OF  THE  UNITED  STATES. 

MILITARY  PRISON. 

474.  Military  prison — Establishment  of,  at  Rock  Island,  III. — 
There  shall  be  established  at  Rock  Island,  in  the  State  of  Illinois,  a 
prison  for  the  confinement  and  reformation  of  offenders  against  the 
rules  and  regulations,  and  laws  for  the  government  of  the  Army  of 
the  United  States,  in  which  shall  be  securely  confined,  and  employed 
at  labor,  and  governed  in  the  manner  hereinafter  directed,  all  of- 
fenders convicted  before  any  court-martial  or  military  commission 
in  the  United  States,  and  sentenced  according  to  law  to  imprison- 
ment therein.    Sec.  1344,  R>  &• 

475.  Establishment  of  at  Fort  Leavenworth,  Kans. — That  said  act 
be,  and  the  same  is  hereby,  so  amended  that  all  acts  and  things  therein 
required  to  be  done  and  performed  at  Rock  Island,  in  the  State  of 
Illinois,  shall  be  done  and  performed  on  the  military  reservation  at 
Fort  Leavenworth  in  the  State  of  Kansas:  Provided,  That  the  Gov- 
ernment buildings  now  on  said  military  reservation  at  Fort  Leaven- 
worth shall  be  modified  and  used  so  far  as  practicable  for  the  pur- 
poses of  said  prison.    Act  of  May  21, 1874  (18  Stat.  48) . 

476.  Branch   prisons. — Hereafter    any   military    prison   that   the 
Secretary  of  War  may  designate  for  the  confinement  of  general  pris- 
oners for  whom  there  is  no  room  at  the  United  States  Military  Prison 
at  Fort  Leavenworth,  Kansas,  or  whom  it  is  impracticable  to  send 
there,  shall  be  regarded  as  a  branch  of  the  said  United  States  Military 
Prison  and  equally  with  it  shall  be  subject  to  the  laws  relating  thereto, 
including  chapter  six,  title  fourteen,  of  the  Revised  Statutes.    Act 
of  Mar.  2, 1907  (34  Stat.  1169}. 

477.  Government  and  control  of  prison. — Hereafter  the  govern- 
ment and  control  of  the  United  States  Military  Prison  shall,  under 
the  Secretary  of  War,  be  vested  in  the  Board  of  Commissioners  of 
the  United  States  Soldiers'  Home,  which  board  shall  consist  as  at 
present  of  the  Surgeon-General,  the  Commissary-General,  the  Adju- 
tant-General, the  Quartermaster-General,  the  Chief  of  Engineers,  the 
Judge- Advocate-General,  and  the  Governor  of  the  Home,  and  the 
president  of  said  board,  who  shall  be  the  senior  in  rank  of  the  mem- 
bers thereof,  shall  submit  annually  to  the  Secretary  of  War,  for  trans- 
mission to  Congress,  a  full  statement  of  the  financial  and  other  affairs 
of  both  the  home  and  the  prison  for  the  preceding  fiscal  year.    Act 
of  March  4, 1909  (35  Stat.  1004). 

(This  statute  transfers  the  control  of  the  United  States  Military  Prison  from 
the  board  of  government  established  by  General  Orders  205,  War  Department, 
1905,  to  the  Board  of  Commissioners  of  the  United  States  Soldiers'  Home,  and 
changes  the  personnel  of  the  latter  by  making  the  Chief  of  Engineers  a  perma- 
nent member  of  the  board.  Under  the  provisions  of  General  Orders  56,  War 
Department,  September  17,  1913,  the  Judge-Advocate-General  of  the  Army,  un- 
der the  Secretary  of  War,  is  charged  with  the  direction  and  control  of  the 
prison.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  197 

478.  Visitation  of  prison. — The  Secretary  of  War  shall,  with  said 
commissioners,  annually,  and  as  much  oftener  as  may  be  deemed  ex- 
pedient, visit  said  prison  for  the  purposes  of  examination,  inspection, 
and  correction;  and  they  shall  inquire  into  all  abuses  or  neglects  of 
duty  on  the  part  of  the  officers  or  other  persons  in  charge  of  the  same, 
and  make  such  changes  in  the  general  discipline  of  the  prison  as  they 
may  hold  to  be  essential.    Sec.  1346,  R..  S.,  as  amended  by  Act  of  Jan. 
19,1891  (26  Stat.  722). 

479.  Examination  of  accounts,  etc. — One  of  the  inspectors  general 
of  the  Army  shall,  at  least  once  in  each  year,  visit  the  prison  for  the 
purpose  of  examining  into  the  books  and  all  the  affairs  thereof,  and 
ascertaining  whether  the  laws,  rules,  and  regulations  relating  thereto 
are  complied  with,  the  officers  are  competent  and  faithful,  and  the 
convicts  properly  governed  and  employed,  and  at  the  same  time 
treated  with  humanity  and  kindness.    And  it  shall  be  the  duty  of  the 
inspector,  at  once,  to  make  full  report  thereof  to  the  Secretary  of 
War.    Sec.  1348,  R.  S.,  as  amended  ~by  the  Act  of  Jan.  19,  1891  (26 
Stat.722). 

480.  Officers  and  attendants. — The  officers  of  the  prison  shall  con- 
sist of  a  commandant  and  such  subordinate  officers  as  may  be  neces- 
sary, a  chaplain,  a  surgeon,  and  a  clerk,  who  shall  be  detailed  by  the 
Secretary  of  War  from  the  commissioned  officers  of  the  Army ;  and  a 
sufficient  number  of  enlisted  men  shall  be  detailed  by  the  Secretary 
of  War  to  act  as  turnkeys,  guards,  and  assistants  in  prison.     Sec. 
1347,  R.  S. 

481.  Powers  and  duties  of  commandant. — The  commandant  shall 
have  command  of  the  prison ;  shall  have  the  charge  and  employment 
of  the  prisoners,  and  the  custody  of  all  the  property  of  the  Govern- 
ment connected  with  the  prison.    He  shall  receive  and  pay  out  all  the 
money  used  for  the  prison,  and  shall  cause  to  be  kept,  in  suitable 
books,  complete  accounts  of  all  the  property,  expenses,  income,  busi- 
ness, and  concerns  of  the  prison;  and  shall  make  full  and  regular 
reports  thereof  to  the  Secretary  of  War.    Sec.  1350,  R.  S. 

482.  Bond  of  commandant. — Before  the  commandant  enters  upon 
the  duties  of  his  office  he  shall  give  bond,  with  sufficient  sureties,  in  a 
sum  to  be  fixed  by  the  Secretary  of  War,  to  be  approved  by  him,  con- 
ditioned that  he  shall  faithfully  account  for  all  money  placed  in  his 
hands  for  the  use  of  the  prison  and  for  the  faithful  discharge  of  all 
his  duties  as  commandant.    Sec.  1349,  R.  S. 

483.  Officers,  etc.,  not  to  be  interested  in  contracts. — No  officer  of 
the  prison,  or  other  person  connected  therewith,  shall  be  concerned 
or  interested,  directly  or  indirectly,  in  any  contract,  purchase,  or  sale 
made  on  account  of  the  prison.    Sec.  1358,  R.  S. 

484.  Officers  suffering  prisoner  to  escape. — Any  officer  who  shall 
suffer  a  convict  to  escape,  or  shall  in  any  way  consent  to  his  escape, 


198  MILITABY  LAWS  OF  THE  UNITED  STATES. 

or  shall  aid  him  to  escape,  or  in  an  attempt  to  escape,  shall  be  dis- 
missed from  the  service,  and  suffer  such  other  punishment  as  a  court- 
martial  may  inflict.  Sec.  1359,  R.  S. 

485.  Soldiers  suffering  prisoner  to  escape. — Any  soldier  or  other 
person  employed  in  the  prison  who  shall  suffer  a  convict  to  escape,  or 
shall  in  any  way  consent  to  his  escape,  or  shall  aid  him  to  escape,  or 
in  an  attempt  to  escape,  shall,  upon  conviction  by  a  court-martial,  be 
confined  therein  not  less  than  one  year.    Sec.  1360,  R.  S. 

486.  Employment  of  convicts,  proceeds  of  work. — The  commandant 
shall,  under  the  direction  and  with  the  approval  of  the  Secretary 
of  War,  employ,  for  the  benefit  of  the  United  States,  the  convicts  at 
such  labor  and  in  such  trades  as  may  be  deemed  best  for  their  health 
and  reformation.    He  shall  have  power  to  sell  and  dispose  of  any 
articles  manufactured  by  the  convicts,  and  shall  regularly  account  for 
the  proceeds  thereof,  and  shall  give  bond  and  security  for  the  faith- 
ful keeping  and  accounting  of  all  moneys  and  property  coming  to 
his  hands  as  such  commandant.     Sec.  1351,  R.  S.. 

487.  Manufacture  of  military  supplies. — The  Secretary  of  War 
shall  cause  to  be  fabricated  at  the  said  prison  such  supplies  for  the 
Army  as  can  be  economically  and  properly  manufactured  at  the  said 
prison.    Act  of  Mar.  3,  1879  (W  Stat.  389). 

488.  Conduct   of  prisoners,  remissions. — The   commandant   shall 
take  note  and  make  record  of  the  good  conduct  of  the  convicts,  and 
shall  shorten  the  daily  time  of  hard  labor  for  those  who,  by  their 
obedience,  honesty,  industry,  or  general  good  conduct,  earn  such 
favors;  and  the  Secretary  of  War  is  authorized  and  directed  to  remit, 
in  part,  the  sentences  of  such  convicts,  and  to  give  them  an  honorable 
restoration  to  duty  in  case  the  same  is  merited.    Sec.  1352,  R.  S. 

(See  in  relation  to  the  reenlistment  of  certain  men,  paragraph  1052.) 

489.  Privileges  of  prisoners. — The  use  of  newspapers  and  books 
shall  not  be  denied  the  convicts  at  times  when  not  employed:  and 
unofficial  visitors  shall  be  admitted  to  the  prison  under  such  restric- 
tions as  the  board  of  commissioners  may  impose.    The  prisoners  shall 
not  be  denied  the  privilege  of  communicating  with  their  friends  by 
letter,  and  from  receiving  like  communications  from  them,  all  of 
which  shall  be  subject  to  the  inspection  of  the  commandant,  or  such 
officer  as  he  may  assign  to  that  duty.    Sec.  1356,  R.  S. 

490.  Provisions  for  prisoners. — The  prisoners  shall  be  supplied 
with  ample  and  clean  bedding,  and  with  wholesome  and  sufficient 
food,  but  when  in  hospital  or  under  discipline  their  diet  shall  be  pre- 
scribed by  the  proper  authority.    The  prison  shall  be  suitably  venti- 
lated, and  each  prisoner  shall  have  a  weekly  bath  of  cold  or  tepid 
water,  which  shall  be  applied  to  the  whole  surface  of  the  body,  unless 


MILITARY  LAWS   OF   THE  UNITED  STATES.  199 

the  surgeon  shall  direct  otherwise  for  the  health  of  the  prisoner. 
Sec.  1357,  R.  S. 

491.  Misconduct  of  prisoners. — In  case  any  convict  shall  disobey 
the  lawful  orders  of  the  officers  of  the  prison,  or  refuse  to  comply 
with  the  rules  and  regulations  thereof,  he  may  be  placed  in  solitary 
confinement,  and  the  commandant  shall  at  once  report  the  case  to 
the  Secretary  of  War,  who  shall  direct  the  inspector  to  make  full 
examination  and  report  of  the  matter  at  the  next  inspection.     Sec. 
1353,  R.  S. 

492.  Forbidden,  punishment. — In  no  case  shall  any  prisoner  be 
subjected  to  whipping,  branding,  or  the  carrying  of  weights  for  the 
purpose  of  discipline,  or  for  producing  penitence.     Sec.  135%,,  R.  S. 

493.  Prisoners  subject  to  articles  of  war. — All  prisoners  under 
confinement  in  said  military  prisons  undergoing  sentence  of  courts- 
martial  shall  be  liable  to  trial  and  punishment  by  courts-martial 
under  the  rules  and  articles  of  war  for  offenses  committed  during 
the  said  confinement.     Sec.  1361,  R.  S. 

494.  Clothing    at   discharge. — Every    prisoner,    upon   being   dis- 
charged from  prison,  shall  be  furnished  with  decent  clothing.     Sec. 
1355,  R.  S. 

(For  a  number  of  years  the  appropriations  act  for  the  Army  has  contained 
annually  an  item  authorizing  a  donation  of  $5  to  each  dishonorably  discharged 
prisoner  upon  his  release  from  confinment  under  court-martial  sentence  involv- 
ing dishonorable  discharge,  and  one  authorizing  the  issue  to  a  man  under 
similar  conditions  a  suit  of  citizen's  outer  clothing,  to  cost  not  exceeding  $10; 
also  one  authorizing  transportation  on  discharge  of  prisoners  confined  at  the 
United  States  Military  Prison  to  their  homes  or  elsewhere  as  they  may  elect, 
provided  the  cost  is  not  greater  than  that  to  the  place  of  last  enlistment.) 

HISTORICAL    NOTE. 

The  office  of  Judge  Advocate  of  the  Army  was  created  during  the  War  of  the 
Revolution,  having  been  established  by  resolution  of  Congress  of  July  25,  1775 
(Journals  of  Cong.),  soon  after  the  enactment  of  the  Articles  of  War  on  June 
29  of  the  same  year.  In  the  reenactment  of  the  articles,  in  1776,  this  officer  was 
styled  the  Judge  Advocate  General  of  the  Army  and  was  empowered  to  prose- 
cute in  the  name  of  the  United  States  or  to  conduct  such  prosecutions  by  dep- 
uty. The  office  of  judge  advocate  ceased  to  exist  at  the  disbandment  of  the 
Revolutionary  Armies,  but  was  revived  by  section  2  of  the  act  of  March  3,  1797 
(1  Stat,  507),  which  made  provision  for  a  judge  advocate,  to  be  taken  from 
the  commissioned  officers  of  the  line,  who  was  to  receive  the  same  pay  and 
allowances  as  the  brigade  major  (adjutant)  and  inspector  therein  authorized. 
This  office,  with  other  offices  in  the  General  Staff,  was  discontinued  by  the  act 
of  March  16,  1802  (2  id.,  132).  Section  19  of  the  act  of  1812  (id.,  674),  passed 
in  contemplation  of  war  with  England,  made  provision  for  one  judge  advocate, 
with  the  rank  of  major,  to  each  division,  and  this  number  was  increased  to 
three  by  section  2  of  the  act  of  April  24,  1816  (3  id.,  397).  At  the  reduction  of 
1818  these  officers  were  disbanded  (act  of  April  14,  1818,  3  id.,  426),  and  the 
office  of  Judge  Advocate  of  the  Army  was  discontinued  by  the  act  of  March  2, 
1821  (id.,  615). 

By  section  4  of  the  act  of  March  3,  1849  (9  id.,  351),  the  office  of  Judge  Advo- 
cate of  the  Army  was  reestablished,  with  the  rank  and  pay  of  major  of  Cavalry. 
By  section  5  of  the  act  of  July  17,  1862  (12  id.,  598),  the  office  of  Judge  Advo- 
cate General  was  created,  with  the  rank  and  pay  of  brigadier  general ;  by  this 
enactment  the  duties  of  the  office  were  defined.  By  section  5  of  the  same  statute 
provision  was  made  for  a  Corps  of  Judge  Advocates,  one  of  whom  was  to  be 


200  MILITARY   LAWS   OF   THE   UNITED   STATES. 

assigned  to  duty  at  the  headquarters  of  each  army  in  the  field.  By  section  5 
of  the  act  of  June  20,  1864  (13  id.,  145),  the  Bureau  of  Military  Justice  was 
established,  to  which  the  Judge  Advocate  General  was  transferred,  and  an 
Assistant  Judge  Advocate  General,  with  the  rank  of  colonel  of  Cavalry,  was 
authorized.  By  section  12  of  the  act  of  July  28,  1866  (14  id.,  334),  the  compo- 
sition of  the  department  was  fixed  at  one  Judge  Advocate  General  (brigadier 
general),  one  Assistant  Judge  Advocate  General  (colonel),  and  ten  judge  advo- 
cates were  added  to  the  military  establishment,  who  were  to  be  selected  by  the 
Secretary  of  War  from  the  Corps  of  Judge  Advocates  authorized  by  the  act  of 
July  17,  1862.  By  this  statute  the  office  of  Solicitor  of  the  War  Department  was 
discontinued,  the  duties  of  the  oflice  being  marged  in  the  Bureau  of  Military 
Justice.  By  section  3  of  the  act  of  March  3,  1869  (15  Stat,  318),  all  appoint- 
ments and  promotions  in  the  several  departments  of  the  staff  were  prohibited 
until  otherwise  directed  by  law ;  but  this  restriction  was  removed,  as  to  the 
Bureau  of  Military  Justice,  by  the  act  of  April  10,  1869  (16  id.,  44),  which 
fixed  the  number  of  judge  advocates  at  eight.  By  section  2  of  the  act  of  June 
23,  1874  (18  id.,  244),  the  office  of  Assistant  Judge  Advocate  General  was  dis- 
continued, and  it  was  provided  that  there  should  be  no  appointments  to  the 
grade  of  major  until  the  number  of  officers  of  that  grade  had  been  reduced  to 
four.  By  the  act  of  July  5,  1884  (23  id.,  113),  the  Bureau  of  Military  Justice 
and  the  Corps  of  Judge  Advocates  were  consolidated  and  merged  in  the  Judge 
Advocate  General's  Department,  the  composition  of  which  was  fixed  as  follows : 
One  Judge  Advocate  General  (brigadier  general),  one  Assistant  Judge  Advocate 
General  (colonel),  three  deputy  judge  advocates  general  (lieutenant  colonels), 
and  three  judge  advocates  (majors).  Promotion  to  the  grade  of  colonel  was 
to  be  by  seniority,  and  provision  was  made  for  the  detail  of  officers  of  the  line 
as  judge  advocates  of  military  departments,  who  were  to  have,  while  so  serving, 
the  rank  and  pay  of  captains  mounted. 

By  section  15  of  the  act  of  February  2,  1901  (31  id.,  751),  the  permanent 
strength  of  the  department  was  fixed  at  one  Judge  Advocate  General  with  the 
rank  of  brigadier  general,  two  judge  advocates  with  the  rank  of  colonel,  three 
judge  advocates  with  the  rank  of  lieutenant  colonel,  and  six  judge  advocates 
with  the  rank  of  major.  The  system  of  details  of  officers  of  the  grade  of  cap- 
tain or  first  lieutenant  to  serve  as  acting  i'ldge  advocates  and,  while  so  serving, 
to  have  the  rank,  pay,  and  allowances  of  captains  mounted,  as  established  by 
the  act  of  July  5,  1884  (23  Stat.,  113),  was  recognized  and  continued. 

By  the  act  of  March  2,  1913  (37  id.,  708),  the  number  of  majors  was  in- 
creased to  seven. 


CHAPTER 


THE  QUARTERMASTER  CORPS. 


Par. 

The  Quartermaster,  Subsistence, 
and  Pay  Departments  consoli- 
dated   495-506 

Organization. 495 

Same — six  officers  to  be  pro- 
moted to  grade  of  major 496 

Same — restrictions  as  to  details 
to  fill  vacancies 497 

Same — duties  of  regimental  bat- 
talion and  squadron  quarter- 
masters and  commissaries,  etc.  498 

Same — duties  of,  extended  so  as 
to  include  receipting  for  money 
and  property 499 

Same — duties  of  officers  of  Quar- 
termaster Corps 500 

Same — Chief  of  Quartermaster 
Corps  to  have  rank  of  major 
general 501 

Same — vacancy  in  grade  of  brig- 
adier general  not  to  be  filled. .  502 

Same — subject  to  supervision  of 
Chief  of  Staff 503 

Same — immediate  appointment 
of  Chief  of  Quartermaster 
Corps 504 

Same — civilian  employees  to  be 
replaced  by  enlisted  men 505 

Same — decrease  in  enlisted  men.  506 
The  Quartermaster's  Department  507-578 

Organization 507 

Same — increase  in  number 508 

Promotions,  transfers,and  details.  509 

Details 510 

Same — to  be  made  from  grade  in 
which  vacancy  exists 511 

Vacancy  in  office  of  storekeeper 
not  to  be  filled 512 

Military  storekeeper  on  duty  at 
White  House 513 

Post  quartermaster  sergeants 514 

Duties...  .  515 


Par. 


The  Quartermaster's  Department — 
Continued. 

Supplies,  purchase  of,  kind  and 
amount  to  be  prescribed  by 
Secretary  of  War 516 

Same — for  naval  and  marine  de- 
tachments   517 

Post  exchange,  use  of  public 
buildings  and  transportation 
for 518 

Officers  not  to  be  interested  in 
purchases  or  sales  for  depart- 
ment   519 

Payment  of  subscriptions  to 
newspapers,  etc.,  in  advance..  520 

Sale  of  surplus  ice,  electric  cur- 
rent, etc.,  from  Government 
plants  where  no  competition. .  521 

Proceeds  of  sales  of  serviceable 
supplies  to  remain  available 
through  fiscal  year  following 
sale 522 

Disbursing  officers  authorized  to 
pay  pressing  obligations  from 
total  available  balance  where 
insufficient  balance  provided 
the  apportionment  has  been 
made 523 

Transportation  of  troops .-. 524 

Same — preference  to  be  given 
over  other  traffic  in  time  of 
actual  or  threatened  war 525 

Same — of  baggage  in  excess  of 
allowances,  reimbursement  for  526 

Same — officers'  private  mounts, 
reimbursement  for  cost  of 
transportation 527 

Same — use  of  transparts,  re- 
strictions, Navy,  Marine  Corps, 

etc 528 

201 


202 


MILITARY   LAWS  OF  THE  UNITED  STATES. 


Par. 

The  Quartermaster's  Department — 
Continued. 

Same — officers,  etc.,  of  Revenue- 
Cutter  Service,  and  secretaries 
and  supplies  of  Army  and  Navy 
department  of  Y.  M.  C.  A 529 

Same — merchandise  of  American 
production  to  residents,  etc., 
of  island  of  Guam 530 

Same-^over  land-grant  and  bond- 
aided  railroads 531 

Same — property  for  Government 
surveys,  national  museums, 
etc . 532 

Same — to  use  means  of  herein 
provided 533 

Taking  and  use  of  vessels  as 
cruisers  or  transports;  pay- 
ment    534 

Purchase  or  hire  of  vehicles,  etc., 
for  official,  military  and  gar- 
rison purposes 535 

Transports,  Army,  equipment  of 

with  lifeboats  and  rafts 536 

Purchase  of  animals 537-544 

Purchase  of  draft  animals,  re- 
strictions  537 

Same — limited  to  number  actu- 
ally required  for  the  service. .  538 

Same — horses,  for  Cavalry,  Artil- 
lery, etc.,  restrictions 539 

Same--to  be  limited  to  actual 
needs  of  the  service 540 

Same — open  market  purchases  at 
military  posts,  etc.,  at  maxi- 
mum price  fixed  by  Secretary 
of  War 541 

Same — including  horses  for  serv- 
ice schools,  staff  colleges,  etc..  542 

Same — not  to  take  part  in  horse 
shows  or  horse  races 543 

Veterinarians,  employment  of  for 
animals  not  connected  with 

the  Cavalry  and  Artillery 544 

Barracks  and  quarters 545-556 

Barracks  and  quarters,  construc- 
tion of  permanent 545 

Limit  of  cost 546 

Same 447 

Shelter  in  the  Philippine  Islands.  548 


Par. 

Barracks  and  Quarters — Contd. 

Same — for  Seacoast  Artillery, 
limitation  on  cost 549 

Quarters  for  hospital  stewards, 
Secretary  of  War  to  designate 
posts  at  which  to  be  con- 
structed   550 

Quarters  in  kind  to  officers 551 

Same — officers  temporarily  ab- 
sent not  to  lose  right  toJ 552 

Shooting  galleries  and  ranges 553 

Fuel  and  forage  allowance 554 

Fuel  allowance  limited  to  actual 
personal  necessities 555 

Heat  and  light  allowance,  lim- 
ited to  that  actually  necessary 
for  authorized  allowance  of 

quarters 556 

Forage 557-561 

Forage,  no  discrimination  against 
officers  serving  east  of  Missis- 
sippi River 557 

Horses  owned  by  officers  ordered 
to  duty  beyond  seas,  etc.,  to  be 
purchased  by  the  Government.  558 

Same — not  to  be  deprived  of 
forage,  bedding,  shoeing,  or 
shelter,  etc 559 

Same — not  to  be  deprived  of 
when  officer  is  separated  from 
through  nature  of  his  military 
service 560 

Same — transportation  may  be 
furnished  for,  from  point  of 
purchsae  to  point  of  officer's 
station 561 

Extra-d  uty  pay  rates 562 

Same 563 

Same— extra  pay  not  to  be  paid 
to  soldier  receiving 564 

Extra-duty,  details  to  be  in 
writing 565 

Same — details  in  field  only  with 
consent  of  commanding  officer .  566 

Same — in  war  time,  no  addi- 
tional compensation  for 567 

Same — not  entitled  to,  while  re- 
ceiving the  20  per  centum 
increase 568 

Civilian  employees,  restriction 
on  employment 569 

Same .  570 


MILITARY   LAWS   OF   THE   UNITED   STATES. 


203 


Par. 

Clothing 571-578 

Clothing,  President  to"  prescribe 
uniform 571 

Same — gratuitous  issue  of 572 

Same — quarterly  returns  of 573 

Same — allowance  of 574 

Same — balance  payable  at  dis- 
charge    575 

Same  to  be  paid  out  of  appropri- 
ation for  pay  of  Army  for  the 

then  current  fiscal  year 576 

Same — altering 577 

Same — limit  of  cost 578 

Subsistence  Department 580-612 

Organization 580 

Same — promotions  and  details . .  581* 

Same — details 582 

Same — details,  grade 583 

Same — p  o  s  t  commissary  ser- 
geants    584 

Same — increase  in  number  of . . .  585 
Duties  to  make  purchases  and 

issues 586 

Same — sales  to  officers  and  en- 
listed men 587 

Same — sales  to  officers  and  en- 
listed men  of  Marine  Corps...  588 
Same — sales  of  exceptional  ar- 
ticles   589 

Same — issues    to    seamen    and 

marines 590 

Same — purchasing  officers  not  to 

trade  in  articles  of  subsistence .  591 
Same — may  keep,  at  their  own 
risk,  in  their  personal  posses- 
sion,   restricted    amounts    for 

disbursement 592 

Ration,    President  to   prescribe 

components : 593 

Same — special    for    soldiers    re- 
covering from  ill  health,  etc. .  594 
Same — emergency,  when  issued, 

to  be  in  addition  to  regular. . .  595 
Same — enlisted  men  to  receive 

per  day 596 

Same — no  enlisted  man  to  re- 
ceive more  than  one  per  day. .  597 
Same — hospital  matrons,  mem- 
bers of  Female  Nurse  Corps,  and 
nurses  employed  in  post  and 
regimental  hospitals,  one 598 


Par. 

Subsistence  Department — Contd. 

Same — President  may  authorize 
issuance  of,  to  Indians  at  mili- 
tary posts 599 

Same — of  sugar  and  coffee,  when 
issued  in  kind,  to  be  issued 
weekly 600 

Same — may  be  commuted  to  ex- 
tract of  coffee 601 

Same — commutation  of 602 

Same — to  be  made  at  cost 603 

Same — to  another  bureau  or  de- 
partment   604 

Same — of  rations  to  officers  in 
field 605 

Same — of  tobacco  to  enlisted 
men 606 

Same — to  be  immediately  avail- 
able   607 

Same — statement  of  proceeds 
not  to  be  reported  to  Secretary 
of  Treasury 608 

Same — proceeds  of  sales  of,  dis- 
position of 609 

Line  officers  shall  superintend 
cooking  for  enlisted  men 610 

Commutation  of  rations  to  en- 
listed men  on  furlough,  etc 611 

Same — for    members    of  Female 

Nurse  Corps,  etc 612 

Pay  Department 613-727 

Organization 613 

Same — additional 614 

Same — service  to  be  temporary..  615 

Same — promotions  and  trans- 
fers  616 

Same — details 617 

Same 618 

Duties 619-624 

Same — of  Paymaster  General...  619 

Same — Deputy  Paymaster  Gen- 
eral   620 

Same — paymasters 621 

Same — to  disburse  all  money  for 
pay  of  Army 622 

Same — examination  of  accounts 
of  paymasters 623 

Same — right  to  command 624 

Payment  of  enlisted  men 625-628 

Same — arrears  shall  not  exceed 
two  months. .  .  525 


204 


MILITARY   LAWS  OF  THE   UNITED  STATES. 


Par. 
Payment  of  enlisted  men — Continued. 

Same — rule  for  division  of  time 
amd  computation  of 626 

Same — by  check 627 

Same — to  militia  from  appropri- 
ation for  militia 628 

Paymasters'  clerks 629-634 

Same — authorization  for 629 

Same — pay  same  as  Navy  pay- 
masters' clerks 630 

Same— mileage  same  as  that  for 
officers  of  Army 631 

Same — age  for  retirement  same 
as  that  for  officers  of  Army 632 

Same — no  further  appointments 
of,  to  be  made 633 

Same — subject  to  the  Rules  and 

Articles  of  War 634 

Pay  of  commissioned  officers 635-651 

Rates  of  pay 635 

Same — militia  and  volunteers. . .  636 

Same — officers  below  grade  of 
major  who  provide  suitable 
mounts 637 

Same — no  increase  on  account  of 
brevet  rank 638 

Same — increased  for  exercising 
higher  command 639 

Same — restrictions  as  to  period 
covered  by  higher  command . .  640 

Same — authority  for  accounting 
officers  to  remove  stoppages  in 
settlement  of  claims  for 641 

Same — increase  for  foreign  serv- 
ice   642 

Same 643 

Same — not  to  apply  to  Canal 
Zone,  Panama,  Hawaii,  or 
Porto  Rico 644 

Same — applies  to  transport  serv- 
ice in  the  Philippine  Ar- 
chipelago   645 

Same — additional  pay  for  acting 
commissaries  repealed 646 

Assignment  or  transfer  of  pay 
accounts 647 

Same — payment  by  check  to  be 
full  acquittance 648 

Advances  of  pay 649 

Advances  to  troops  embarking" 
for  service  in  Philippines 650 

Allowances,  restrictions  as  to 651 


Par. 
Longevity  pay 652-657 

Same — 10  per  centum  increase 
for  each  term  of  five  years  of 
service 652 

Same — total  increase  not  to  ex- 
ceed 40  per  centum  of  yearly 
pay 653 

Same — maximum  for  colonel, 
lieutenant  colonel,  and  major.  654 

Same — service  as  officer  in  volun- 
teers or  enlisted  man  in  armies 
to  be  counted 655 

Same — service  in  Navy  to  be 
counted 656 

Same — service   of   cadet   subse- 
quent to  act  not  to  be  counted .  657 
Pay  of  retired  officers 658-660 

Same — receive  75  per  centum  of 
pay  of  rank 658 

Same — not  to  receive  longevity 
pay 659 

Same— wholly  retired 660 

Pay  during  absence 661-667 

Same — absence  on  account  of 
sickness,  wounds,  etc 661 

Same— leave  on  full  pay 662 

Same — dates  of  commencement 
and  termination  of 663 

Same — officers  appointed  from 
Volunteer  to  Regular  Army 
entitled  to  accrued  leave 664 

Same— to  be  absent  from  Philip- 
pines.   665 

Same — no  officer  or  enlisted  man 
absent  on  account  of  disease 
resulting  from  intemperate 
habits  or  misconduct  are  en- 
titled to.... 666 

Same— pay  forfeited  during  ab- 
sence without  leave 667 

Commutation  of  quarters,  rate..  668 

Same — officer  who  is  member  of 
Board  of  Road  Commissioners 
living  in  Alaska 669 

Same — no  claim  for  quarters  for 
servants 670 

Same — duty  without  troops 671 

Same — not  to  lose  right  on  ac- 
count of  temporary  absence 672 

Same — military  attaches,  etc., 
entitled  to 673 

Officers  to  receive  monthly  pay- 
ments... .  674 


MILITARY  LAWS   OF   THE  UNITED  STATES. 


205 


Par. 
Travel  allowances 675-689 

Mileage  to  be  computed  over 
shortest  route 675 

Same — to  be  computed  by  table 
of  distances 676 

Same — orders  involving  payment 
of,  to  state  duty 677 

Same— rate  fixed  at  7  cents  per 
mile 678 

Same — where  station  is  changed 
while  on  leave  of  absence 679 

Same — traveling  expenses  in 
lieu  of,  on  instruction  journeys.  680 

Actual  expenses  for  contract  and 
dental  surgeons  in  Alaska 681 

Actual  expenses  only  for  sea 
travel 682 

Same — on  discharge 683 

Travel  allowances  on  discharge, 
except  as  punishment 684 

Transportation  in  kind,  on  re- 
quest   685 

Travel  over  bond-aided  roads. . .  686 

Same — deduction 687 

Mileage,  restrictions  upon  ex- 
penditure of  appropriation  for, 
on  inspections  and  investiga- 
tions  "....  688 

Disbursements  to  be  made  by  the 

Quartermaster  Corps 689 

Stoppages  of  pay 690-694 

Repairs  to  arms,  etc 690 

Deficiency  in  articles  of  military 
supplies 691 

Rations,  etc.,  purchased  on 
credit 692 

Arrearages  due  United  States 693 

Same — when  admitted  or  shown 

by  judgment  of  court 694 

Pay  of  enlisted  men 695-712 

Rates  of  pay  of  master  electri- 
cians, noncommissioned  offi- 
cers, etc 695 

Same — Indian  scouts 696 

Same — mess  sergeants,  corporals, 
mechanics,  etc 697 

Same — blacksmiths,  farriers,  pri- 
vates, etc 698 

Same — marksmen,  classifications 
of...  .  699 


Par. 

Pay  of  enlisted  men — Continued. 
Same — number  of  gun  pointers, 

etc.,  not  to  be  increased 700 

Same — enlisted  men  of  bands 701 

Same — not  to  be  construed  as  to 
reduce  that  of  any  officer  or 

enlisted  man 702 

Same — horseshoer 703 

Detachments  at  recruiting  sta- 
tions  and    prisons — pay    and 

allowances  of 704 

Same — increase  in  time  of  war. .  705 
Same — bonus  for  reenlistment. . .  706 

Same — retained  pay 707 

Same — continuous  service 708 

Same — commissioned  service  in 
volunteer  organizations  to  be 

counted  as 709 

Same — commissioned  service  in 
Philippine      Scouts      to      be 

counted  as 710 

Same — allotments  of 711 

Same — credit  to   disbursing  of- 
ficers for  payment  of 712 

Pay  of  retired  enlisted  men 713-715 

Period  and  computation  of  time 

for  retirement 713 

Retired  enlisted  men — additional 

allowances  to 714 

Allowances   of   retired    enlisted 
men,  cash  payment  in  lieu  of.  715 

Deposits  by  enlisted  men 716-718 

Method  of  making  and  keeping.  716 

Same — to  bear  interest 717 

Same — Secretary  of  War  to  pre- 
scribe regulations  for 718 

Certificates  of  merit 719 

Pay  during  absence 720 

Same— during  captivity 720 

Travel  pay  on  discharge 721 

Stoppages  and  deductions 722-727 

Deductions  for  Soldiers'  Home 

abolished 722 

Laundry,    etc.,    for   recruits   at 

depots. 723 

Tobacco,   deduction  of  amount 

due  for 724 

Subsistence  stores,  credit  sales..  725 

Assignment  of  pay  forbidden 726 

Detained    pay — appropriation 
from  which  payable 727 


206  MILITARY  LAWS  OF  THE  UNITED  STATES. 

495.  Organization. — The  office  establishments  of  the  Quartermaster 
General,  the  Commissary  General,  and  the  Paymaster  General  of  the 
Army  are  hereby  consolidated  and  shall  hereafter  constitute  a  single 
bureau  of  the  War  Department,  which  shall  be  known  as  the  Quarter- 
master Corps,1  and  of  which  the  Chief  of  the  Quartermaster  Corps 
created  by  this  act  shall  be  the  head.  The  Quartermaster's,  Subsistence, 
and  Pay  Departments  of  the  Army  are  hereby  consolidated  into  and 
shall  hereafter  be  known  as  the  Quartermaster  Corps  of  the  Army.  The 
officers  of  said  departments  shall  hereafter  be  known  as  officers  of 
said  corps  and  by  the  titles  of  the  rank  held  by  them  therein,  and, 
except  as  hereinafter  specifically  provided  to  the  contrary,  the  pro- 
visions of  sections  twenty-six  and  twenty-seven  of  the  act  of  Congress 
approved  February  second,  nineteen  hundred  and  one,  entitled  "An 
act  to  increase  the  efficiency  of  the  permanent  military  establishment 
of  the  United  States,"  are  hereby  extended  so  as  to  apply  to  the 
Quartermaster  Corps  in  the  manner  and  to  the  extent  to  which  they 
now  apply  to  the  Quartermaster's,  Subsistence,  and  Pay  Depart- 
ments, and  the  provision  of  said  sections  of  said  act  relative  to  chiefs 
of  staff  corps  and  departments  shall,  so  far  as  they  are  applicable, 
apply  to  all  offices  and  officers  of  the  Quartermaster  Corps  with  rank 
above  that  of  colonel.  The  officers  now  holding  commissions  as 
officers  of  the  said  departments  shall  hereafter  have  the  same  tenure 
of  commission  in  the  Quartermaster  Corps,  and  as  officers  of  said 
corps  shall  have  rank  of  the  same  grades  and  dates  as  that  now  held 
by  them,  and,  for  the  purpose  of  filling  vacancies  among  them,  shall 
constitute  one  list,  on  which  they  shall  be  arranged  according  to  rank. 
So  long  as  any  officers  shall  remain  on  said  list  any  vacancy  occurring 
therein  shall  be  filled,  if  possible,  from  among  such  officers,  by  selec- 
tion if  the  vacancy  occurs  in  a  grade  above  that  of  colonel,  and,  if 
the  vacancy  occurs  in  a  grade  not  above  that  of  colonel,  by  the  pro- 
motion of  an  officer  who  would  have  been  entitled  to  promotion  to 
that  particular  vacancy  if  the  consolidation  of  departments  hereby 
prescribed  had  never  occurred :  Provided,  That  on  and  after  the  first 
day  of  January,  nineteen  hundred  and  seventeen,  any  vacancies  oc- 
curring among  officers  of  the  Quartermaster  Corps  with  rank  above 
that  of  colonel  may,  in  the  discretion  of  the  President,  be  filled  by 
selection  from  among  officers  who  shall  have  served  by  detail  in  said 
corps  for  not  less  than  four  years.  Sec.  3  Act  of  Aug.  &£,  1912  (37 
Stat.591). 

1The  Quartermaster  Corps  provided  for  by  section  3  of  the  Army  appropria- 
tion act  of  August  24,  1912  (37  Stat.  591),  came  into  legal  existence  on  the  date 
of  the  approval  of  the  act  to  the  extent  that  no  detail  to  the  grade  of  captain 
can  be  made  thereto  until  the  number  of  officers  of  that  grade  in  said  corps  has 
been  reduced  below  the  authorized  consolidated  strength  of  102.  (Bulletin  No. 
20,  Dig.  Opin.  J.  A.  G.,  Oct.  19,  1912.) 


MILITARY  LAWS   OF   THE  UNITED   STATES.  207 

496.  Same — six  officers  to  ~be  promoted  to  grade  of  major. — That 
not  to  exceed  six  officers  holding  commissions  with  the  rank  of  cap- 
tain *  in  the  Quartermaster  Corps  and  who  have  lost  in  relative  rank 
through  irregularities  of  promotion  and  the  operation  of  separate 
promotion  within  the  three  departments  hereby  consolidated,  may,  in 
the  discretion  of  the  President  and  subject  to  examination  for  promo- 
tion as  prescribed  by  law,  be  advanced  to  the  grade  of  major  in  the 
Quartermaster  Corps,  and  any  officer  who  shall  be  advanced  to  said 
grade  under  the  terms  of  this  proviso  shall  be  temporarily  an  addi- 
tional officer  of  said  grade  but  only  until  a  vacancy  shall  occur  for 
him  on  the  list  of  officers  of  said  grade  as  hereafter  limited ;  and  no 
officer  shall  be  detailed  to  fill  any  vacancy  on  the  list  of  majors  of  the 
Quartermaster  Corps  until  after  all  additional  officers  authorized  by 
the  proviso  shall  have  been  absorbed.    The  noncommissioned  officers 
now  known  as  post  quartermaster  sergeants  and  post  commissary  ser- 
geants shall  hereafter  be  known  as  quartermaster  sergeants;  the 
Army  paymaster's  clerks  shall  be  known  as  pay  clerks,  and  each  of 
said  noncommissioned  officers  and  pay  clerks  shall  continue  to  have 
the  pay,  allowances,  rights,  and  privileges  n'ow  allowed  him  by  law. 
Sec.  3,  id. 

497.  Same — Restrictions  as  to  details  to  fill  vacancies. — That  no  de- 
tails2 to  fill  vacancies  in  the  grade  of  colonel  in  the  Quartermaster 

1  Held,  that  such  provisions  of  said  section  3  as  became  operative  without 
executive  action  went  into  effect  immediately  upon  the  passage  of  the  act  and 
therefore  that  the  new  designation  given  to  officers  by  the  act  should  be  used  in 
referring  to  the  officers  of  the  consolidated  corps,  and  that  the  details  to  the 
consolidated  corps  or  to  any  of  the  bureaus  composing  it  could  not  be  made  or 
become  effective  until  the  number  of  officers  in  the  consolidated  corps  had  been 
reduced  to  the  number  authorized  by  the  law. 

Held  further,  that  the  expression  in  the  portion  of  the  act  above  quoted 
requiring  the  Chief  of  the  Quartermaster  Corps  to  put  the  provisions  of 
such  section  into  effect  "not  less  than  sixty  days  after  the  passage"  of  said 
act,  defines  a  period  of  limitation  before  which  the  provisions  of  the  act  requir- 
ing executive  action  can  not  be  carried  into  effect,  and  that  therefore  the  ad- 
vancement of  not  to  exceed  six  captains  holding  commission  in  the  Quartermas- 
ter Corps  to  the  grade  of  major  as  authorized  by  the  act,  not  taking  effect  by 
operation  of  the  law,  but  requiring  executive  action,  must  be  postponed  to  the 
end  of  the  sixty-day  period.  (Bulletin  No.  20,  Dig.  Opins.  J.  A.  G.,  Oct.  19,  1912.) 

2  Held,  that  the  provisions  of  said  section  regarding  details  to  the  Quarter- 
master Corps  became  effective  immediately  upon  the  passage  of  the  act,  and 
that  thereafter  no  details  to  the  consolidated  corps  or  to  its  constituent  parts 
could  be  made  to  fill  vacancies  occurring  therein,  until  the  prescribed  reduction 
in  the  number  of  officers  therein  had  been  accomplished.  (Bulletin  No.  1,  Dig. 
Opins.  J.  A.  G.,  Jan.  20,  1913.) 

Held,  that  there  being  no  captain  on  the  permanent  list  of  officers  of  the 
former  Pay  Department,  the  senior  captain  permanently  belonging  to  the  Quar- 
termaster Corps  may  at  the  proper  time  be  promoted  to  fill  the  vacancy  in 
question,  but  that  his  right  to  promotion  can  not  be  held  to  antedate  the  time  at 
which  section  3  of  the  act  of  August  24,  1912,  supra,  which  made  the  position 
available  for  him,  becomes  administratively  effective. 

Held  further,  that  the  advancement  of  the  six  captains  for  which  special  pro- 
vision is  made  in  section  3  of  the  act  of  August  24,  1912,  must  be  deferred  until 
the  date  when  the  said  section  is  put  into  administrative  effect,  and  that  the 
rank  of  said  officers  as  majors  in  the  Quartermaster  Corps  can  not  antedate  the 
latter  date.  Id. 


208  MILITARY  LAWS  OF  THE  UNITED  STATES. 

Corps  shall  be  made  until  the  number  of  officers  of  that  grade  shall 
have  been  reduced  by  three,  and  thereafter  the  number  of  officers  in 
that  grade  shall  not  exceed  twelve ;  and  no  details  to  fill  vacancies  in 
the  grade  of  lieutenant-colonel  in  the  Quartermaster  Corps  shall  be 
made  until  the  number  of  officers  of  that  grade  shall  have  been  re- 
duced by  three,  and  thereafter  the  number  of  officers  of  that  grade 
shall  not  exceed  eighteen ;  and  no  details  to  fill  vacancies  in  the  grade 
of  major  in  .the  Quartermaster  Corps  shall  be  made  until  the  number 
of  officers  of  that  grade  shall  have  been  reduced  by  nine,  and  there- 
after the  number  of  officers  in  said  grade  shall  not  exceed  forty-eight ; 
and  no  details  to  fill  vacancies  in  the  grade  of  captain  in  the  Quarter- 
master Corps  shall  be  made  until  after  the  number  of  officers  of  that 
grade  shall  be  reduced  by  twenty-nine,  and  thereafter  the  number  of 
officers  of  said  grade  shall  not  exceed  one  hundred  and  two;  and 
whenever  the  separation  of  a  line  officer  of  any  grade  and  arm  from 
the  Quartermaster  Corps  shall  create  therein  a  vacancy  that,  under 
the  terms  of  this  proviso,  can  not  be  filled  by  detail  such  separation 
shall  operate  to  make  a  permanent  reduction  of  one  in  the  total  num- 
ber of  officers  of  said  grade  and  arm  in  the  line  of  the  Army  as  soon 
as  such  reduction  can  be  made  without  depriving  any  officer  of  his 
commission.  Sec.  3,  id. 

498.  Same — Duties  of  regimental,  battalion  and  squadron  quarter- 
masters and  commissaries,  etc. — That  whenever  the  Secretary  of  War 
shall  decide  that  it  is  necessary  and  practicable,  regimental,  battalion, 
and  squadron  quartermasters  and  commissaries  shall  be  required  to 
perform  any  duties  that  junior  officers  of  the  Quartermaster  Corps 
may  properly  be  required  to  perform,  and  regimental  and  battalion 
quartermaster  and  commissary  sergeants  shall  be  required  to  per- 
form any  duties  that  noncommissioned  officers  or  pay  clerks  of  the 
Quartermaster  Corps  may  properly  be  required  to  perform,  but  such 
regimental,  battalion,  and  squadron  quartermasters  and  commissaries 
shall  not  be  required  to  receipt  for  any  money  or  property  which 
does  not  pertain  to  their  respective  regiments,  battalions,  or  squad- 
rons, and  they  shall  not  be  separated  from  the  organization  to  which 
the}^  belong.    See  3,  id. 

499.  Same — Duties  of,  extended  so  as  to  include  receipting  for  money 
and  property. — That  regimental,  battalion,  and  squadron  quartermas- 
ters and  commissaries  shall  hereafter  be  required  to  perform  the  duties 
of  officers  of  the  Quatermaster  Corps,1  including  the  receipting  for 

1  Held,  that  although  the  clause  "  whenever  the  Secretary  of  War  shall  decide 
that  it  is  necessary  and  practicable  regimental,  battalion,  and  squadron  quar- 
termasters and  commissaries  shall  be  required  to  perform  any  duties  that 
junior  officers  of  the  Quartermaster  Corps  may  properly  be  required  to  perform," 
is  affirmative  in  form,  its  effect  is  prohibitive  as  well  as  affirmative;  that, 
giving  the  broadest  application  to  the  implied  prohibition,  it  would  serve  to 
forbid  the  detail  of  any  officers  except  those  specifically  mentioned  in  the  clause 
to  perform  duties  that  officers  of  the  Quartermaster  Corps  may  properly  be 


MILITARY   LAWS   OF    THE   UNITED   STATES.  209 

any  money  or  property  pertaining  to  said  corps,  when  no  officer  of 
the  Quartermaster  Corps  is  present  for  such  duties,  and  nothing  con- 
tained in  the  Army  appropriation  act  approverd  August  twenty- 
fourth,  nineteen  hundred  and  twelve,  shall  hereafter  be  held  or  con- 
strued so  as  to  prevent  competent  authority  from  requiring  any 
officers  of  the  Army  to  act  temporarily  as  quartermasters  wherever 
there  shall  be  no  officers  of  the  Quartermaster  Corps,  and  no  regi- 
mental, battalion,  or  squadron  quartermasters  or  commissaries  present 
for  such  duty.  Act  of  Mar.  2, 1913  (37  Stat.  706) . 

500.  Same — Duties  of  officers  of  Quartermaster  Corps. — That  such 
duty  or  duties  as  are  now  required  by  law  to  be  performed  by  any 
officer  or  officers  of  the  Quartermaster's,  Subsistence,  or  Pay  Depart- 
ments shall  hereafter  be  performed  by  such  officer  or  officers  of  the 
Quartermaster  Corps  as  the  Secretary  of  War  may  designate  for  the 
purpose.     Sec.  3,  Act  of  Aug.  $4, 1912  (37  Stat.  591}. 

501.  Same — Chief  of  Quartermaster  Corps  to  have  rank  of  major 
general. — That  there  shall  be  a  Chief  of  the  Quartermaster  Corps, 
who  shall  have  the  rank  of  major  general  while  so  serving,  and  who 

required  to  perform,  but  that,  as  the  affirmative  provision  relates  only  to  officers 
belonging  to  branches  of  the  Army  which  have  a  regimental,  battalion,  or 
squadron  organization,  the  implied  prohibition  should  be  construed  as  relating 
only  to  the  same  branches;  that  the  legislation  under  consideration  does  not 
affect  the  availability  of  any  officers  for  Quartermaster  Corps  duty  except  those 
belonging  to  the  mobile  branches  of  the  line  of  the  Army,  and,  therefore,  all 
officers,  except  those  belonging  to  the  mobile  branches  of  the  line,  may  con- 
tinue hereafter,  as  heretofore,  to  be  employed  upon  Quartermaster  Corps  duties, 
including  the  duties  of  post  quartermasters,  when  their  employment  is  necessary 
to  supplement  the  services  of  the  personnel  of  the  Quartermaster  Corps;  that 
regimental,  battalion,  and  squadron  quartermasters  and  commissaries  may, 
under  the  specific  terms  of  this  legislation,  be  required  to  perform  any  duties 
that  may  properly  be  required  of  junior  officers  of  the  Quartermaster  Corps, 
including  the  duties  of  post  quartermasters,  provided  such  officers  be  not  re- 
quired to  receipt  for  money  or  property  not  pertaining  to  their  respective  organi- 
zations and  are  not  separated  therefrom;  that  officers  commissioned  in  the 
mobile  branches  of  the  line  of  the  Army,  but  detached  therefrom  under  the  pro- 
visions of  law  and  replaced  in  their  respective  branches  under  the  provisions 
of  section  27  of  the  act  of  February  2,  1901  (31  Stat.  755),  may,  as  occasion 
arises,  be  required  to  perform  Quartermaster  Corps  duties  properly  incident  to 
the  duties  for  the  performance  of  which  they  are  detached,  but  may  not  be 
detached  for  the  purpose  of  assigning  to  them  duties  pertaining  to  the  Quarter- 
master Corps;  and  that  all  other  officers  of  the  mobile  branches  of  the  line 
of  the  Army  are  within  the  implied  prohibiton  of  the  new  statute  and  may  not 
be  charged  with  Quartermaster  Corps  duties. 

Held  also,  that  within  the  meaning  of  this  legislation  there  is  no  difference 
between  a  memorandum  receipt  which  renders  the  officer  giving  it  responsible, 
though  not  accountable,  for  the  property  or  funds  receipted  for,  and  a  receipt 
which  renders  him  accountable  as  well  as  responsible;  and  that  regimental, 
battalion,  and  squadron  quartermasters  and  commissaries  may  not  be  required 
to  give  memorandum  receipts  for  money  or  property  not  pertaining  to  their 
respective  organizations. 

Held  further,  that  in  the  sense  of  this  legislation  the  line  of  demarcation 
which  separates  money  or  property  pertaining  to  a  regiment,  battalion,  or 
squadron  from  other  money  or  property  is  the  line  which  separates  money  or 
property  necessary  and  proper  for  the  use,  preparation,  and  maintenance  of 
the  regiment,  battalion,  or  squadron  as  a  inobjle  unit  of  the  Army  from  money 
or  property  used  or  intended  for  other  purposes.  (Bulletin  No.  1,  Dig.  Opins. 
J.  A.  G.,  Jan.  20,  1913.) 

48985°— 15 14 


210  MILITARY   LAWS  OF   THE   UNITED   STATES. 

shall  be  appointed  by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  from  among  the  officers  of  said  corps  and  in  ac- 
cordance with  the  requirements  of  section  twenty-six  of  the  act  of 
Congress  approved  February  second,  nineteen  hundred  and  one, 
hereinbefore  cited.  Sec.  3,  id. 

502.  Same — Vacancy   in  grade   of   brigadier   general   not   to    be 
filled. — That  when  the  first  vacancy  in  the  grade  of  brigadier  gen- 
eral in  the  Quartermaster  Corps,  except  a  vacancy  caused  by  the 
expiration  of  a  limited  term  of  appointment,  shall  hereafter  occur 
that  vacancy  shall  not  be  filled,  but  the  office  in  which  the  vacancy 
occurs  shall  immediately  cease  and  determine.    Sec.  3,  id. 

503.  Same — Subject  to  supervision  of  Chief  of  Staff. — That  the 
Quartermaster  Corps  shall  be  subject  to  the  supervision  of  the  Chief 
of  Staff  to  the  extent  the  departments  hereby  consolidated  into  said 
corps  have  heretofore  been  subject  to  such  supervision  under  the 
terms  of  the  existing  law.    Sec.  3,  id. 

504.  Same — Immediate  appointment  of  Chief  of  Quartermaster 
Corps. — That  for  the  purpose  of  carrying  into  effect  the  provisions 
of  this  section  the  President  is  hereby  authorized  to  appoint,  by  and 
with  the  advice  and  consent  of  the  Senate,  the  Chief  of  the  Quarter- 
master Corps  herein  provided  for  immediately  upon  the  passage  of 
this  act,  and  it  shall  be  the  duty  of  the  said  chief,  under  the  direction 
of  the  President  and  the  Secretary  of  War,  to  put  into  effect  the  pro- 
visions of  this  section  not  less  than  sixty  days  after  the  passage  of 
this  act.    Sec.  3,  id. 

505.  Same — Civilian  employees  to  be  replaced  by  enlisted  men.1 — As 
soon  as  practicable  after  the  creation  of  a  Quartermaster  Corps  in  the 
Army  not  to  exceed  four  thousand  civilian  employees  of  that  corps, 
receiving  a  monthly  compensation  of  not  less  than  thirty  dollars  nor 
more  than  one  hundred  and  seventy-five  dollars  each,  not  including 
civil  engineers,  superintendents  of  construction,  inspectors  of  cloth- 
ing, clothing  examiners,  inspectors  of  supplies,  inspectors  of  animals, 
chemists,  veterinarians,  freight  and  passenger  rate  clerks,  civil  serv- 
ice employees,  and  employees  of  the  classified  service,  employees  of 
the  Army  transport  service  and  harbor-boat  service,  and  such  other 
employees  as  may  be  required  for  technical  work,  shall  be  replaced 
permanently  by  not  to  exceed  an  equal  number  of  enlisted  men  of 
said  corps,  and  all  enlisted  men  of  the  line  of  the  Army  detailed  on 
extra  duty  in  the  Quartermaster  Corps  or  as  bakers  or  assistant 
bakers  shall  be  replaced  permanently  by  not  to  exceed  two  thousand 
enlisted  men  of  said  corps ;  and  for  the  purposes  of  this  act  the 
enlistment  in  the  military  service  of  not  to  exceed  six  thousand  men, 
who  shall  be  attached  permanently  to  the  Quartermaster  Corps  and 

1  Note  reference  to  chapter  under  enlisted  men,  and  reference  under  that 
chapter  to  this  paragraph. 


MILITARY   LAWS   OF    THE   UNITED    STATES.  211 

who  shall  not  be  counted  as  a  part  of  the  enlisted  force  provided  by 
law,  is  hereby  authorized:  Provided,  That  the  enlisted  force  of  the 
Quartermaster  Corps  shall  consist  of  not  to  exceed  fifteen  master 
electricians,  six  hundred  sergeants  (first  class),  one  thousand  and 
five  sergeants,  six  hundred  and  fifty  corporals,  two  thousand  five 
hundred  privates  (first  class),  one  thousand  one  hundred  and  ninety 
privates,  and  forty-five  cooks,  all  of  whom  shall  receive  the  same  pay 
and  allowances  as  enlisted  men  of  corresponding  grades-  in  the  Signal 
Corps  of  the  Army,  and  shall  be  assigned  to  such  duties  pertaining 
to  the  Quartermaster  Corps  as  the  Secretary  of  War  may  prescribe : 
Provided  further,  That  the  Secretary  of  War  may  fix  the  limits  of 
age  within  which  civilian  employees  who  are  actually  employed  by 
the  Government  when  this  act  takes  effect  and  who  are  to  be  replaced 
by  enlisted  men  under  the  terms  of  this  act  may  enlist  in  the  Quarter- 
master Corps:  Provided  further,  That  nothing  in  this  section  shall 
be  held  or  construed  so  as  to  prevent  the  employment  of  the  class  of 
civilian  employees  excepted  from  the  provisions  of  this  act  or  the 
continued  employment  of  civilians  included  in  the  act  until  such 
latter  employees  have  been  replaced  by  enlisted  men  of  the  Quarter- 
master Corps.1  Sec.  4,  Act  of  Aug.  %  1912  (37  Stat.  593). 

506.  Same — Decrease  in  enlisted  men. — That  the  enlisted  force  of 
the  Quartermaster  Corps  shall  consist  of  not  to  exceed  fifteen  master 
electricians,  six  hundred  sergeants  (first  class),  nine  hundred  and 
seventy-five  sergeants,  six  hundred  and  twenty-five  corporals,  two 
thousand  five  hundred  privates  (first  class),  one  thousand  one  hun- 
dred and  ninety  privates,  and  ninety-five  cooks,  all  of  whom  shall 
receive  the  same  pay  and  allowances  as  enlisted  men  of  correspond- 
ing grades  in  the  Signal  Corps  of  the  Army,  and  shall  be  assigned 
to  such  duties  pertaining  to  the  Quartermaster  Corps  as  the  Secre- 
tary of  War  may  prescribe.  Act  of  Apr.  27,  1914  (38  Stat.  355). 

1  Held,  that  the  portion  of  said  section  describing  the  classes  of  employees 
not  included  within  the  provisions  of  that  portion  of  the  act  requiring  the  sub- 
stitution of  civilian  employees  in  the  Quartermaster  Corps  by  enlisted  men, 
refers  to  the  persons  and  not  to  the  positions  held  by  them,  and  that  as  said  posi- 
tions are  vacated  they  may  be  filled  by  the  enlisted  men  authorized  by  said  act; 
held  further,  that  under  the  authority  of  the  proviso  to  the  effect  that  nothing 
in  said  section  shall  be  held  or  construed  so  as  to  prevent  the  employment  of 
the  classes  of  civilian  employees  excepted  from  the  provisions  of  the  act,  the 
Secretary  of  War  may  properly  direct  that,  as  to  the  employees  required  for 
technical  work  of  the  classes  specified,  vacancies  occurring  may  be  filled  in  the 
future  as  in  the  past  through  the  civil  service,  and  in  this  way  full  operation 
can  be  given  to  the  entire  section  authorizing  the  enlistment  of  men  for  the 
purpose  of  taking  the  place  of  civilian  employees.  (Bulletin  No.  20,  Dig.  Opins. 
J.  A.  G.,  Oct.  19,  1912.) 

Held,  that  service  as  a  civilian  employee  in  the  Quartermaster's  Department 
prior  to  enlistment  in  the  Quartermaster  Corps  under  the  provisions  of  said 
section  can  not  be  counted  as  enlisted  service  either  for  the  purpose  of  computing 
longevity  pay  after  enlistment  or  for  the  purpose  of  retirement.  (Bulletin  No. 
1,  Dig.  Opins.  J.  A.  G.,  Jan.  20,  1913.) 


212  MILITARY  LAWS  OF  THE  UNITED  STATES. 

THE  QUARTERMASTER'S  DEPARTMENT. 

507.  Organization^ — The  Quartermaster's  Department  shall  con- 
sist of  one  Quartermaster- General  with  the  rank  of  brigadier-gen- 
eral, six  assistant  quartermasters-general  with  the  rank  of  colonel, 
nine  deputy   quartermasters-general   with  the   rank  of   lieutenant- 
colonel,  twenty  quartermasters  with  the  rank  of  major,  sixty  quar- 
termasters with  the  rank  of  captain,  mounted,  and  one 
hundred  and  fifty  quartermaster-sergeants.2     Sec.  16,  Act  of  Feb. 
2,1901  (31  Stat.  751}. 

508.  Same — Increase   in   number. — The   Quartermaster's   Depart- 
ment is  hereby  increased  by  two  colonels,  three  lieutenant  colonels, 
seven  majors,  and  eighteen  captains,  the  vacancies  thus  created  to 
be  filled  by  promotion  and  detail  in  accordance  with  section  twenty- 
six  of  the  Act  approved  February  second,  nineteen  hundred  and  one. 
Act  of  Mar.  3,  1911  (36  Stat.  1045). 

(For  provision  as  to  number  of  officers  in  grades  of  colonel  and  lieutenant- 
colonel,  see  paragraph  497,  ante.) 

509.  Promotions,  transfers,  and  details. — So  long  as  there  remain 
any    officers    holding    permanent    appointments    in    the     *     *     * 
Quartermaster's   Department     *     *     *     including   those   appointed 
to  original  vacancies  in  the  grades  of  captain  and  first  lieutenant 
under   provisions   of   sections   sixteen,   seventeen,   twenty-one,    and 
twenty-four  of  this  act,  they  shall  be  promoted  according  to  seniority 
in  the  several  grades,  as  now  provided  by  law,  and  nothing  herein 
contained  shall  be  deemed  to  apply  to  vacancies  which  can  be  filled 
by  such  promotions  or  to  the  periods  for  which  officers  so  promoted 
shall  hold  their  appointments.3     Sec.  86,  Act  of  Feb.  2,  1901   (31 
Stat.  755). 

510.  Details. — When  any  vacancy,  except  that  of  the  chief  of  the 
department  or  corps,  shall  occur,  which  can  not  be  filled  by  promotion 

1  For  provision  as  to  the  number  of  officers  in  the  grades  of  colonel,  lieut- 
enant-colonel, major,  and  captain  in  the  Quartermaster  Corps,  see  paragraph 
497,  ante.  More  thoroughly  to  comprehend  the  consolidation  of  the  three 
department  into  the  Quartermaster  Corps,  the  old  law  is  given. 

*  Section  16  of  the  act  of  February  2,  1901  (31  Stat.  751),  contained  the 
requirement  that  "  the  President  is  authorized  to  continue  in  the  service  during 
the  present  emergency,  for  duty  in  the  Philippine  Islands  and  on  transports, 
twenty-four  captains  and  assistant  quartermasters  of  volunteers."  The  same 
enactment  provided  that  "all  vacancies  in  the  grade  of  colonel,  lieutenant- 
colonel,  and  major  created  or  caused  by  this  section  shall  be  filled  by  promotion 
according  to  seniority  as  now  prescribed  by  law."  It  also  provided  "  that  to 
fill  original  vacancies  in  the  grade  of  captain  created  by  this  act  in  the 
Quartermaster's  Department  the  President  is  authorized  to  appoint  officers  of 
volunteers  commissioned  in  the  Quartermaster's  Department  since  April  21, 
1898." 

3  For  provision  governing  filling  of  vacancies  in  the  Quartermaster  Corps,  and 
providing  that  when  the  vacancy  occurs  in  a  grade  not  above  that  of  colonel 
it  shall  be  filled,  if  possible,  by  the  promotion  of  an  officer  who  would  have 
been  entitled  to  promotion  to  that  particular  vacancy  if  the  consolidation  of 
the  departments  had  never  occurred.  (See  par.  495,  ante.) 


MILITARY  LAWS   OF   THE  UNITED  STATES. 

as  provided  in  this  section,  it  shall  be  filled  by  detail  from  the  line 
of  the  Army,  and  no  more  permanent  appointments  shall  be  made 
in  those  departments  or  corps.  Id. 

511.  Same — To  be  made  from  grade  in  which  vacancy  exists. — 
Such  details  shall  be  made  from  the  grade  in  which  the  vacancies 
exist,  under  such  system  of  examination  as  the  President  may  from 
time  to  time  prescribe.1    Id. 

512.  Vacancy  in  office  of  storekeeper  not  to  be  filled. — When  a 
vacancy  shall  occur  through  death,  retirement,  or  other  separation 
from  active  service  in  the  office  of  storekeeper  in  the  Quartermaster's 
Department  and  Ordnance  Department,  respectively,  now  provided 
for  by  law,  said  offices  shall  cease  to  exist.2    Acts  of  Mar.  2, 1899  (30 
Stat.  977),  and  Feb.  2, 1901  (31  Stat.  748). 

513.  Military  storekeeper  on  duty  at  White  House. — The  military 
storekeeper  now  on  duty  at  the  White  House  as  doorkeeper  to  the 
President  may  be  continued  in  that  employment  and  shall  receive  the 
full  pay  and  allowances  of  his  grade  from  the  date  of  his  retirement 
until  relieved  by  the  President.    Act  of  June  30, 1902  (32  Stat.  511). 

514.  Post  quartermaster-sergeants. — That  the  Secretary  of  War  is 
authorized  to  appoint,  on  the  recommendation  of  the  Quartermaster- 
General,  as  many  post  quartermaster-sergeants,  not  to  exceed  one 
hundred  and  fifty,3  as  he  may  deem  necessary  for  the  interests  of  the 
service,  said  sergeants  to  be  selected  by  examination  from  the  most 
competent  enlisted  men  of  the  Army  who  have  served  at  least  four 
years,  and  whose  character  and  education  shall  fit  them  to  take  charge 
of  public  property  and  to  act  as  clerks  and  assistants  to  post  and 
other  quartermasters.     Said  post  quartermaster-sergeants  shall,  so 
far  as  practicable,  perform  the  duties  of  storekeepers  and  clerks,  in 
lieu   of  citizen  employees.     The  post  quartermaster-sergeans  shall 
be  subject  to  the  Rules  and  Articles  of  War  and  shall  receive  for  their 
services  the  same  pay  and  allowances  as  ordnance-sergeants.4     Acts 
of  July  5,  1884  (S3  Stat.  109),  July  8, 1898  (30  Stat.  728),  and  Feb. 
2,1901  (31  id.  751). 

For  provision  that  post  quartermaster  sergeants  shall  hereafter  be  known  as 
quartermaster  sergeants  of  the  Quartermaster  Corps,  see  paragraph  496,  ante. 

For  provision  that  regimental,  battalion,  and  squadron  quartermaster  ser- 
geants shall,  in  the  discretion  of  the  Secretary  of  War,  be  required  to  perform 

1  For  statutory  regulations  respecting  details  to  the  staff,  see  the  title  Details 
to  the  Staff,  in  the  chapter  entitled  The  Staff  Departments. 

2  The  above  statute  replaces  a  similar  restriction   which  was  contained  in 
section  2  of  the  act  of  March  3,  1875   (18  Stat.  339)  ;  the  act  of  February  2, 
1901,  contained  the  same  restriction.     The  office  of  storekeeper  in  the  Quarter- 
master's Department,  by  the  retirement  of  the  last  incumbent,  has  ceased  to 
exist  as  a  grade  of  rank  on  the  active  list. 

3  Twenty-five  post  quartermaster-sergeants  added  to  the  existing  establishment 
by  the  act  of  July  8,  1898   (30  Stat.  728)  ;  forty  added  by  section  16,  act  of 
February  2,  1901  (31  id.,  751). 

*  For  corps  of  army  service  men,  see  chapter  entitled  The  Military  Academy. 


214  MILITAEY   LAWS  OF  THE  UNITED  STATES. 

any  duties  that  noncommissioned  officers  or  pay  clerks  of  the  Quartermaster 
Corps  may  properly  be  required  to  perform,  see  paragraph  498,  ante. 

Held,  that  the  sergeants  whose  enlistment  is  authorized  by  section  4  of  the 
act  of  August  24,  1912  (37  Stat.  591),  are  a  distinct  grade  from  those  formerly 
known  as  post  quartermaster  sergeants  and  post  commissary  sergeants,  and 
that  no  change  was  made  by  the  law  in  the  status,  pay,  or  allowances  of  the 
latter  grade,  but  duties  formerly  pertaining  to  post  commissary  and  post  quarter- 
master sergeants  may  now  be  performed  by  any  of  them  under  their  designation 
of  quartermaster  sergeants.  (Bulletin  No.  1,  Dig.  Opins.  J.  A.  G.,  Jan.  20,  1913.) 

515.  Ditties. — It  shall  be  the  duty  of  the  officers  of  the  Quarter- 
master's Department,  under  the  direction  of  the  Secretary  of  War,  to 
purchase  and  distribute  to  the  Army  all  military  stores  and  supplies, 
requisite  for  its  use,  which  other  corps  are  not  directed  by  law  to 
provide;  to  furnish  means  of  transportation  for  the  Army,  its  mili- 
tary stores  and  supplies,  and  to  provide  for  and  pay  all  incidental 
expenses  of  the  military  service  which  other  corps  are  not  directed 
to  provide  for  and  pay.     Sec.  1133,  R.  8. 

For  provision  that  regimental,  battalion,  and  squadron  quartermasters  shall, 
in  the  discretion  of  the  Secretary  of  War,  be  required  to  perform  any  duties 
that  junior  officers  of  the  Quartermaster  Corps  may  properly  be  required  to 
perform,  etc.,  see  paragraph  498,  ante. 

For  provision  that  such  duty  or  duties  as  are  now  required  by  law  to  be  per- 
formed by  any  officer  or  officers  of  the  Quartermaster's,  Subsistence,  or  Pay 
Departments  shall  hereafter  be  performed  by  such  officer  or  officers  of  the 
Quartermaster  Corps  as  the  Secretary  of  War  may  designate  for  the  purpose, 
see  paragraph  500,  ante. 

516.  Supplies,  purchase  of  kind  and  amount  to  ~be  prescribed  ~by 
Secretary  of  War. — The  Secretary  of  War  shall  from  time  to  time 
define  and  prescribe  the  kinds  as  well  as  the  amount  of  supplies  to 
be  purchased  by  the  Subsistence  and  Quartermaster  Departments  of 
the  Army,  and  the  duties  and  powers  thereof  respecting  such  pur- 
chases ;  and  shall  prescribe  general  regulations  for  the  transportation 
of  the  articles  of  supply  from  the  places  of  purchase  to  the  several 
armies,  garrisons,  posts,  and  recruiting  places,  for  the  safe-keeping 
of  such  articles,  and  for  the  distribution  of  an  adequate  and  timely 
supply  of  the  same  to  the  regimental  quartermasters,  and  to  such 
other  officers  as  may  by  virtue  of  such  regulations,  be  intrusted  with 
the  same ;  and  shall  fix  and  make  reasonable  allowances  for  the  store 
rent  and  storage  necessary  for  the  safe-keeping  of  all  military  stores 
and  supplies.1    Sec.  219,  R.  S. 

517.  Same — For  naval  and  marine  detachments. — The  officers  of 
the  Quartermaster's  Department  shall,  upon  the  requisition  of  the 
naval  or  marine  officer  commanding  any  detachment  of  seamen  or 
marines  under  orders  to  act  on  shore,  in  cooperation  with  land  troops, 
and  during  the  time  such  detachment  is  so  acting  or  proceeding  to 
act,  furnish  the  officers  and  seamen  with  camp  equipage,  together 

1  See  sec.  1134,  R.  S.,  authorizing  the  Secretary  of  War  to  order  assistant 
quartermasters  to  do  duty  as  assistant  commissaries  of  subsistence. 


MILITARY   LAWS   OF   THE  UNITED   STATES.  215 

with  transportation  for  said  officers,  seamen,  and  marines,  their 
baggage,  provisions,  and  cannon,  and  shall  furnish  the  naval  officer 
commanding  any  such  detachment,  and  his  necessary  aids,  with 
horses,  accouterments,  and  forage.  Sec.  1135,  R.  S. 

518.  Post  exchange,  use  of  public  buildings  and  transportation 
for. — Hereafter  no  money  appropriated  for  the  support  of  the  Army 
shall  be  expended  for  post  gardens  or  exchanges;  but  this  proviso 
shall  not  be  construed  to  prohibit  the  use,  by  post  exchanges,  of  pub- 
lic buildings  or  public  transportation  when,  in  the  opinion  of  the 
Quartermaster-General,   not  required   for   other   purposes.     Act  of 
July  16, 1892  (27  Stat.  178). 

For  a  number  of  years  an  item  has  appeared  annually  in  the  Army  appro- 
priation act  for  continuing  the  construction,  equipment,  and  maintenance  of 
suitable  buildings  at  military  posts  and  stations  for  the  conduct  of  the  post 
exchange,  school,  library,  reading,  lunch,  amusement  rooms,  and  gymnasium, 
including  repairs  to  building  erected  at  private  cost,  under  authority  from  Con- 
gress, to  be  expended  in  the  discretion  and  under  the  direction  of  the  Secretary 
of  War;  with  a  proviso  limiting  the  annual  expenditure  at  any  one  post  or 
station  to  $40,000.  (See  act  of  Mar.  2,  1913,  37  Stat.  715.) 

519.  Officers  not  to  be  interested  in  purchases  or  sales  for  depart- 
ment.— No  officer  belonging  to  the  Quartermaster's  Department,  or 
doing  the  duty  of  a  quartermaster  or  assistant  quartermaster,  shall 
be  concerned,  directly  or  indirectly,  in  the  purchase  or  sale  of  any 
article  intended  for  or  appertaining  to  said  department  of  service, 
except  on  account  of  the  United  States;  nor  shall  any  such  officer 
take  or  apply  to  his  own  use  any  gain  or  emolument  for  negotiating 
or  transacting  any  business  connected  with  the  duties  of  his  office, 
other  than  that  which  may  be  allowed  by  law.     Sec.  1138  R.  S. 

520.  Payment  of  subscriptions  to  newspapers,  etc.,  in  advance.— 
That  hereafter  subscriptions  to  newspapers,  magazines,  periodicals, 
and  other  publications,  purchased  from  funds  of  the  Quartermaster 
Corps,  may  be  paid   for  in  advance.     Act  of  Apr.  27,  1914    (38 
Stat.  362). 

521.  Sale  of  surplus  ice,  electric  current,  etc.,  from  Government 
plants  where  no  competition. — Whenever  the  ice  machines,  steam 
laundries,  and  electric  plants  shall  not  come  in  competition  with 
private  enterprise  for  sale  to  the  public,  and  in  the  opinion  of  the 
Secretary  of  War  it  becomes  necessary  to  the  economical  use  and 
administration  of  such  ice  machines,  steam  laundries,  and  electric 
plants  as  have  been  or  may  hereafter  be  established  in  pursuance  of 
law,  surplus  ice  may  be  disposed  of,  laundry  work  may  be  done  for 
other  branches  of  the  Government,  and  surplus  electric  light  and 
power  may  be  sold  on  such  terms  and  in  accordance  with  such  regu- 
lations as  may  be  prescribed  by  the  Secretary  of  War:  Provided, 
That  the  funds  received  from  such  sales  and  in  payment  of  such 
laundry  work  shall  be  used  to  defray  the  cost  of  operation  of  said  ice, 


216  MILITAKY   LAWS   OF   THE   UNITED   STATES. 

laundry,  and  electric  plants;  and  the  sales  and  expenditures  herein 
provided  for  shall  be  accounted  for  in  accordance  with  the  methods 
prescribed  by  law,  and  any  sums  remaining,  after  such  cost  of  main- 
tenance and  operation  have  been  defrayed,  shall  be  deposited  in  the 
Treasury  to  the  credit  of  the  appropriation  from  which  the  cost  of 
operation  of  such  plant  is  paid.  Act  of  Mar.  2,  1913  (37  Stat.  713). 

The  annual  appropriation  act  for  the  support  of  the  Army  has,  for  several 
years,  contained  a  provision  similar  to  this  On  the  subject  of  laundries,  see 
General  Orders,  68,  War  Department,  1910. 

522.  Proceeds  of  sales  of  serviceable  supplies  to  remain  available 
through  -fiscal  year  following  sale. — Hereafter   all  moneys  arising 
from  disposition  of  serviceable  quartermaster's  supplies  or  stores, 
authorized  by  law  and  regulations,  shall  remain  available  throughout 
the  fiscal  year  following  that  in  which  the  disposition  was  effected, 
for  the  purposes  of  that  appropriation  from  which  such  supplies  were 
authorized  to  be  supplied  at  the  time  of  the  disposition.     Act  of  Mar. 
23,  1910  (36  Stat.  257). 

523.  Disbursing   officers   authorized   to   pay   pressing   obligations 
from  total  available  balance  where  insufficient  balance,  provided  the 
apportionment  has  been  made. — Hereafter  whenever  pressing  obliga- 
tions are  required  to  be  paid  by  a  disbursing  officer  of  the  Quarter- 
termaster's  Department  and  there  is  an  insufficient  balance  to  his 
official  credit  under  the  proper  appropriation  or  appropriations  for 
the  purpose,  he  is  authorized  to  make  payment  from  the  total  avail- 
able balance  to  his  official  credit,  provided  sufficient  funds  under  the 
proper  appropriation  or  appropriations  have  been  apportioned  by 
the  Quartermaster-General   for  the  expenditure.     When  such  dis- 
bursements are  made  the  accounts  of  the  disbursing  officer  shall  show 
the  charging  of  the  proper  appropriations,  the  balances  under  which 
will  be  adjusted  by  the  disbursing  officer  on  receipt  of  funds  or  by 
the  accounting  officers  of  the  Treasury.     Act  of  Mar.  3,  1909   (35 
Stat.  7 47). 

524.  Transportation    of    troops. — The    transportation    of    troops, 
munitions  of  war,  equipments,  military  property,  and  stores  through- 
out the  United  States  shall  be  under  the  immediate  control  and  super- 
vision of  the  Secretary  of  War  and  such  agents  as  he  may  appoint.1 
Sec.  220,  R.  S. 

1  The  transportation  of  organized  bodies,  or  detachments  of  troops  under 
orders  from  competent  authority  directing  travel  to  be  performed,  is  regulated 
by  the  requirements  of  this  section,  as  modified  from  time  to  time  by  the  provi- 
sions of  the  annual  acts  of  appropriation  for  the  support  of  the  Army.  See 
paragraphs  732-739,  A.  R.,  1913,  for  traveling  expenses  of  civilian  employees  in 
any  branch  of  the  military  service.  See  paragraphs  1135-1139,  A.  R.,  1913,  for 
transportation  of  baggage  on  change  of  station,  retirement,  etc.  See  paragraphs 
1128-34,  A.  R.,  1913,  for  parlor  and  sleeping  car  accommodations  to  which  offi- 
cers traveling  with  troops,  noncommissioned  officers,  army  nurses,  civilian  em- 
ployees in  the  military  service,  etc.,  are  entitled  when  traveling  under  orders. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  217 

525.  Same — Preference  to  be  given  over  other  traffic  in  time  of 
actual  or  threatened  war. — In  time  of  war  or  threatened  war  prefer- 
ence and  precedence  shall,  upon  the  demand  of  the  President  of  the 
United  States,  be  given,  over  all  other  traffic,  to  the  transportation  of 
troops  and  material  of  war,  and  carriers  shall  adopt  every  means 
within  their  control  to  facilitate  and  expedite  the  military  traffic. 
Sec.  2,  Act  of  June  29, 1906  (34  Stat.  587). 

526.  Same — Of  baggage  in  excess  of  allowances,  reimbursement 
for. — For  transportation  of  the  Army  and  its  supplies,  including 
transportation  of  the  troops  when  moving  either  by  land  or  water, 
and  of  their  baggage,  including  the  cost  of  packing  and  crating: 
Provided,  That  hereafter  baggage  in  excess  of  regulation  change  of 
station  allowances  may  be  shipped  with  such  allowances,  and  reim- 
bursement   collected    for    transportation    charges    on    such    excess, 
*     *     *     dollars.    Act  of  Mar.  23, 1910  (36  Stat.  255}. 

(See  note  to  paragraph  678,  post,  for  holdings  of  the  Comptroller  of  the  Treas- 
ury as  to  transportation  of  the  personal  baggage  of  an  officer  at  Government 
expense. ) 

527.  Same — Officers'1  private  mounts — Reimbursement  for  cost  of 
transportation. — That  hereafter  private  mounts  of  officers  in  execess 
of  the  authorized  mounts  may  be  shipped  on  Government  bill  of 
lading   with   authorized   mounts,   and   reimbursement   collected   for 
transportation  charges  on  such  excess  mounts.    Act  of  Apr.  27,  1914 
(38  Stat.  365). 

528.  Same — Use  of  transports,  restrictions,  Navy,  Marine  Corps, 
etc. — No  part  of  this  appropriation  shall  be  applied  to  the  payment 
of  the  expenses  of  using  transports  in  any  other  Government  work 
than  the  transportation  of  the  Army,  its  supplies  and  employees; 
and  when,  in  the  opinion  of  the  Secretary  of  War,  accommodations 
are  available,  transportation  may  be  provided  for  the  officers,  en- 
listed men,  employees,  and  supplies  of  the  Navy,  the  Marine  Corps, 
and  for  members  and  employees  of  the  Philippine  and  Hawaiian 
governments,  officers  of  the  War  Department,  Members  of  Congress, 
other  officers  of  the  Government  while  traveling  on  official  business, 
and  without  expense  to  the  United  States,  for  the  families  of  those 
persons  herein  authorized  to  be  transported,  and  when  accommoda- 
tions are  available,  transportation  may  be  provided  for  general  pas- 
sengers to  the  island  of  Guam,  rates  and  regulations  therefor  to  be 
prescribed  by  the  Secretary  of  War.    Act  of  Mar.  2,  1907  (34  Stat. 
1170). 

529.  Same — Officers,  etc.  of  Revenue-Cutter  Service,  and  secre- 
taries and  supplies  of  Army  and  Navy  department  of  Y.  M.  C.  A. — 
Hereafter  when,  in  the  opinion  of  the  Secretary  of  War,  accommo- 
dations are  available,  transportation  on  vessels  of  the  Army  transport 


218  MILITARY  LAWS  OF  THE  UNITED  STATES. 

service  may  be  furnished  the  officers,  employees,  and  enlisted  men 
of  the  Revenue- Cutter  Service,  and  their  families,  without  expense 
to  the  United  States,  and  also  secretaries  and  supplies  of  the  Army 
and  Navy  department  of  the  Young  Men's  Christian  Association. 
Act  of  Mar.  3, 1911  (36  Stat.  1051}. 

530.  Same — Merchandise  of  American  production  to  residents,  etc.. 
of  island  of  Guam. — Hereafter  when  there  is  cargo  space  available 
without  displacing  military  supplies,  transportation  may  be  pro- 
vided for  merchandise  of  American  production  consigned  to  resi- 
dents and  mercantile  firms  of  the  island  of  Guam,  rates  and  regula- 
tions therefor  to  be  prescribed  by  the  Secretary  of  War.     Id. 

531.  Same — Over  land-grant  and  bond-aided  railroads. — For  the 
payment  of  Army  transportation  lawfully  due  such  land-grant  rail- 
roads as  have  not  received  aid  in  Government  bonds  (to  be  adjusted 
in  accordance  with  the  decisions  of  the  Supreme  Court  in  cases  de- 
cided under  such  land-grant  Acts),  but  in  no  case  shall  more  than 
fifty  per  centum  of  full  amount  of  service  be  paid:  Provided,  That 
such  compensation  shall  be  computed  upon  the  basis  of  the  tariff  or 
lower  special  rates  for  like  transportation  performed  for  the  public 
at  large  and  shall  be  accepted  as  in  full  for  all  demands  for  such 
service:  Provided  further,  That  in  expending  the  money  appropri- 
ated by  this  Act  a  railroad  company  which  has  not  received  aid  in 
bonds  of  the  United  States,  and  which  obtained  a  grant  of  public 
land  to  aid  in  the  construction  of  its  railroad  on  condition  that  such 
railroad  should  be  a  post  route  and  military  road,  subject  to  the 
use  of  the  United  States  for  postal,  military,  naval,  and  other  Gov- 
ernment services,  and  also  subject  to  such  regulations  as  Congress 
may  impose  restricting  the  charge  for  such  Government  transporta- 
tion, having  claims  against  the  United  States  for  transportation  of 
troops  and  munitions  of  war  and  military  supplies  and  property  over 
such  aided  railroads,  shall  be  paid  out  of  the  moneys  appropriated 
by  the  foregoing  provision  only  on  the  basis  of  such  rate  for  the 
transportation  of  such  troops  and  munitions  of  war  and  military 
supplies  and  property  as  the  Secretary  of  War  shall  deem  just  and 
reasonable  under  the  foregoing  provision,  such  rate  not  to  exceed 
fifty  per  centum  of  the  compensation  for  such  Government  transpor- 
tation as  shall  at  that  time  be  charged  to  and  paid  by  private  parties 
to  any  such  company  for  like  and  similar  transportation;  and  the 
amount  so  fixed  to  be  paid  shall  be  accepted  as  in  full  for  all  de- 
mands for  such  service.    Act  of  Mar.  2, 1913  (37  Stat.  715) . 

[Substantially  the  same  provision  has  been  incorporated  in  each  annual  appro- 
priation act  since  it  was  first  contained  in  the  act  of  Feb.  26,  1900,  31  Stat,  214.] 

532.  Same — Property  for  Government  surveys,  National  Museum, 
etc. — Hereafter  the  Quartermaster-General  and  his  officers,  under 


MILITARY   LAWS   OF   THE   UNITED   STATES.  219 

his  instructions,  wherever  stationed,  shall  receive,  transport,  and  be 
responsible  for  all  property  turned  over  to  them,  or  any  one  of  them, 
by  the  officers  or  agents  of  any  Government  survey,  for  the  National 
Museum,  or  for  the  civil  or  naval  departments  of  the  Government, 
in  Washington  or  elsewhere,  under  the  regulations  governing  the 
transportation  of  army  supplies,  the  amount  paid  for  such  trans- 
portation to  be  refunded  or  paid  by  the  bureau  to  which  such  prop- 
erty or  stores  pertain.1  Act  of  July  5,  188  '4  (23  Stat.  111). 

533.  Same  —  To  use  means  of  herein  provided.  —  Hereafter  in  the 
performance  of  their  official  and  military  duties  officers  of  the  Army 
are  authorized,  under  such  regulations  as  may  be  established  by  the 
Secretary  of  War,  to  use  means  of  transportation  herein  provided 
for.    Act  of  Mar.  3,  1911  (36  Stat.  1051). 

[This  paragraph  refers  to  the  appropriation  in  this  act  for  the  purchase  of 
vehicles,  boats,  ships,  etc.] 

534.  Taking  and  use  of  vessels  as  cruisers  or  transports;  pay- 
ment. —  Any  steamships  so  registered  under  the  provisions  of  this  act 
may  be  taken  and  used  by  the  United  States  as  cruisers  or  transports 
upon  payment  to  the  owners  of  the  fair  actual  value  of  the  same  at 
the  time  of  the  taking,  and  if  there  shall  be  a  disagreement  as  to  the 
fair  actual  value  at  the  time  of  taking  between  the  United  States 
and  the  owners,  then  the  same  shall  be  determined  by  two  impartial 
appraisers,  one  to  be  appointed  by  each  of  said  parties,  who,  in  case 
of  disagreement,  shall  select  a  third,  the  award  of  any  two  of  the 
three  so  chosen  to  be  final  and  conclusive.    Sec.  4,  Act  May  10,  1892 

Stat.  28). 


[The  foregoing  has  reference  to  certain  steamships,  built  abroad,  which,  under 
the  act  cited,  were  granted  American  registry.  The  act  is  quite  specific  in  de- 
scribing the  vessels,  and  it  is  doubtful  if  the  act  has  any  future  application. 
The  S.  S.  New  York  and  Paris  would  appear  to  have  been  the  only  vessels 
coming  within  the  terms  of  the  law. 

See  paragraph  1235,  contracts  and  purchases,  for  act  of  July  5,  1884,  providing 
that  the  purchase  of  ships  and  other  seagoing  vessels,  etc.,  shall  be  made  by 
contract,  after  due  legal  advertisement,  except  in  cases  of  extreme  emergency.] 

535.  Purchase  or  hire  of  vehicles,  etc.,  for  official,  military  and 
garrison  purposes.  —  Transportation  of  the  Army  and  its  supplies; 
*  *  *  For  the  purchase,  hire,  operation,  maintenance,  and  repair 
of  such  harness,  wagons,  carts,  drays,  and  other  vehicles  as  are  re- 
quired for  the  transportation  of  troops  and  supplies,  and  for  official, 
military,  and  garrison  purposes.  *  *  *  For  the  purchase  and 

1  When  a  contract  provides  that  upon  the  arrival  of  a  train  the  Quarter- 
master's Department  shall  examine  the  stores,  and,  if  found  to  be  in  good  con- 
dition and  delivered  in  proper  time,  shall  so  indorse  the  bill  of  lading,  upon 
which  payment  shall  be  made,  it  will  be  presumed  that  such  a  certificate  was 
made  and  given  when  it  appears  that  the  contract  was  fully  performed.  (Curtis 
v.  U.  S.,  34  Ct.  Cls.,  5.) 


220  MILITARY   LAWS   OF  THE   UNITED  STATES. 

repair  of  ships,  boats,  and  other  vessels  required  for  the  transporta- 
tion of  troops  and  supplies  and  for  official,  military  and  garrison 
purposes;  *  *  *  Provided,  *  *  *  That  hereafter  in  the  per- 
formance of  their  official  and  military  duties  officers  of  the  Army  are 
authorized,  under  such  regulations  as  may  be  established  by  the  Sec- 
retary of  War,  to  use  means  of  transportation  herein  provided  for.1 
*  *  '  *  Act  of  Mar.  3, 1911  (36  Stat.  1051). 

536.  Transports,  Army,  equipment  of  with  lifeboats  and  rafts. — 
The  sum  of  three  hundred  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  for  the  purpose  of  equipping 
all  Army  transports  with  all  lifeboats  and  rafts,  including  such  num- 
ber of  steel  self-righting,  self -bailing  motor  lifeboats  for  each  vessel 
as  the  Secretary  of  War  may  deem  advisable,  necessary  to  accommo- 
date every  person  for  whom  transportation  facilities  are  now  pro- 
vided on  said  transports,  and  the  crew  of  said  transports;  said  sum 
to  be  expended  under  the  direction  of  the  Secretary  of  War,  who  is 
hereby  directed  to  make  to  Congress  an  itemized  statement  showing 
how  the  sum  aforesaid  has  been  expended.     Act  of  June  14, 1912  (37 
Stat.  133). 

537.  Purchase  of  draft  animals,  restrictions. — Hereafter  no  part 
of  this  appropriation  shall  be  expended  in  the  purchase  for  the  Army 
of  draft  animals  until  the  number  on  hand  shall  be  reduced  to  five 
thousand,  and  hereafter  shall  only  be  expended  for  the  purchase  of 
a  number  sufficient  to  keep  the  supply  up  to  five  thousand.2     Act  of 
Sept.  22, 1888  (25  Stat.  486) . 

538.  Same — Limited  to  number  actually  required  for  the  service. — 
The  number  of  draft  animals  purchased  from  this  appropriation, 
added  to  those  now  on  hand,  shall  be  limited  to  such  numbers  as  are 
actually  required  for  the  service,  and  all  transportation  of  stores  by 
private  parties  for  the  Army  shall  be  done  by  contract,  after  due 
legal  advertisement,  except  in  cases  of  emergency,  which  must  be  at 
once  reported  to  the  Secretary  of  War  for  his  approval.     Acts  of 
July  5, 1884  (23  Stat.  109) ;  Mar.  2, 1901  (31  id.,  907) . 

(See  act  of  March  2,  1913  (37  Stat.  716),  which  provides  for  the  purchase 
and  hire  of  draft  and  pack  animals  in  such  numbers  as  are  actually  required 
for  the  service,  including  reasonable  provision  for  replacing  unserviceable 
animals.) 

1  See  paragraphs  1101-1115  A.  R.  1913. 

2  By  the  act  of  June  7,  1898  (30  Stat.  433),  the  operation  of  this  statute  was 
suspended,  at  the  discretion  of  the  Secretary  of  War,  during  the  period  of  the 
existing  war;  by  the  act  of  March  3,  1899  (id.,  1350),  its  operation  was  further 
suspended,  at  the  discretion  of  the  Secretary  of  War,  and  subject  to  the  further 
discretion  of  Congress,  until  March  1,  1900;  by  the  act  of  February  24,  1900 
(31  Stat.  32),  the  suspension  was  extended,  under  the  conditions  above  set 
forth,  until  June  30,  1901. 


MILITARY    LAWS    OF    THE   UNITED   STATES.  221 

539.  Same — Horses  for  cavalry,  artillery,  etc.,  restrictions. — For 
the  purchase  of  horses  for  the  cavalry  and  artillery,  and  for  the 
Indian  scouts  and  for  such  infantry  and  members  of  the  Hospital 
Corps  in  field  campaigns  as  may  be  required  to  be  mounted,  and  the 
expenses  incident  thereto:     *  *:  Provided,  That  the  number  of 
horses  purchased  under  this  appropriation,  added  to  the  number  on 
hand,  shall  not  at  any  time  exceed  the  number  of  enlisted  men  and 
Indian  scouts  in  the  mounted  service,  and  that  no  part  of  this  appro- 
priation shall  be  paid  out  for  horses  not  purchased  by  contract  after 
competition  duly  invited  by  the  Quartermaster's  Department,  and 
an  inspection  by  such  department,  all  under  the  direction  and  author- 
ity of  the  Secretary  of  War.1    Act  of  Mar.  15, 1898  (30  Stat.  323). 

540.  Same — To  be  limited  to  actual  needs  of  the  service. — The 
number  of  horses  purchased  under  this  appropriation,  added  to  the 
number  on  hand,  shall  be  limited  to  the  actual  needs  of  the  mounted 
service;  and  unless  otherwise  ordered  by  the  Secretary  of  War  no 
part  of  this  appropriation  shall  be  paid  out  for  horses  not  purchased 
by  contract,  after  competition  duly  invited  by  the  Quartermaster's 
Department,  and  an  inspection  by  such  department,  all  under  the 
direction  and  authority  of  the  Secretary  of  War.     Act  of  Mar.  2, 
1901  (31  Stat.  906}. 

(See  paragraph  1235,  contracts  and  purchases,  as  to  purchases  of  horses, 
mules,  etc.,  by  contract,  after  due  legal  advertisement,  except  in  cases  of 
extreme  emergency.) 

541.  Same — Open  market   purchases   at   military   posts,   etc.,   at 
maximum  price  fixed  by  Secretary  of  War. — The  number  of  horses 
purchased  under  this  appropriation,  added  to  the  number  now  on 
hand,  shall  be  limited  to  the  actual  needs  of  the  mounted  service,  in- 
cluding reasonable  provisions  for  remounts,  and,  unless  otherwise 
ordered  by  the  Secretary  of  War,  no  part  of  this  appropriation  shall 
be  paid  out  for  horses  not  purchased  by  contract  after  competition 
duly  invited  by  the  Quartermaster's  Department  and  an  inspection 
under  the  direction  and  authority  of  the  Secretary  of  War.    When 
practicable,  horses  shall  be  purchased  in  the  open  market  at  all  mili- 
tary posts  or  stations,  when  needed,  at  a  maximum  price  to  be  fixed 
by  the  Secretary  of  War :  Provided,  That  no  part  of  this  appropri- 
ation shall  be  used  for  breeding  purposes:  Provided  further,  That 
no  part  of  this  appropriation  shall  be  expended  for  the  purchase 

'By  the  act  of  June  7,  1898  (30  Stat.  433),  the  operation  of  this  statute  was 
suspended,  at  the  discretion  of  the  Secretary  of  War,  during  the  period  of  the 
existing  war;  by  the  act  of  March  3,  1899  (id.,  1351),  its  operation  was  further 
suspended,  at  the  discretion  of  the  Secretary  of  War,  and  subject  to  the  further 
discretion  of  Congress,  until  March  1,  1900;  by  the  act  of  February  24,  1900 
(31  Stat.  32),  the  suspension  was  extended,  under  the  conditions  above  set 
forth,  until  June  30,  1901. 


222  MILITARY   LAWS   OF   THE   UNITED   STATES. 

of  any  horses  below  the  standard  set  by  Army  Regulations  for  Cav- 
alry and  Artillery  horses,  except  when  purchased  for  instruction  of 
cadets  at  the  United  States  Military  Academy:  Provided  further, 
That  hereafter  from  the  enlisted  force  of  the  Army  now  provided 
by  law  the  President  may  authorize  the  organization  of  remount 
detachments  at  each  of  the  remount  depots,  and  may  authorize  the 
appointment  therein  of  such  noncommissioned  officers,  mechanics, 
artificers,  farriers,  horseshoers,  and  cooks  as  may  be  necessary  for 
the  administration  of  such  remount  depot:  Provided,  That  nothing 
herein  shall  be  so  construed  as  to  authorize  an  increase  in  the  total 
number  of  enlisted  men  of  the  Army  now  authorized  by  law.1  Act 
of  Mar.  3, 1911  (36  Stat.  1049}. 

542.  Same — Including   horses  for  service  schools,  staff   colleges* 
etc. — For  the  purchase  of  horses  of  ages,  sex,  and  size  as  may  be  pre- 
scribed by  the  Secretary  of  War,  for  remounts,  for  officers  entitled  to 
public  mounts,  for  the  Cavalry,  Artillery,  Signal  Corps,  and  Engi- 
neers, the  United  States  Military  Academy,  service  schools,  and  staff 
colleges,  and  for  the  Indian  scouts,  and  for  such  infantry  and  mem- 
bers of  the  Hospital  Corps  in  field  campaigns  as  may  be  required 
to  be  mounted,  and  the  e-xpenses  incident  thereto,  and  for  the  hire 
of  employees :  Provided,  That  the  number  of  horses  purchased  under 
this  appropriation,  added  to  the  number  now  on  hand,  shall  be  lim- 
ited to  the  actual  needs  of 'the  mounted  service,  including  reasonable 
provisions  for  remounts,  and,  unless  otherwise  ordered  by  the  Secre- 
tary of  War,  no  part  of  this  appropriation  shall  be  paid  out  for 
horses  not  purchased  by  contract  after  competition  duly  invited  by 
the  Quartermaster's  Department  and  an  inspection  under  the  direc- 
tion and  authority  of  the  Secretary  of  War.     When  practicable, 
horses  shall  be  purchased  in  open  market  at  all  military  posts  or 
stations,  when  needed,  at  a  maximum  price  to  be  fixed  by  the  Secre- 
tary of  War :  Provided  further,  That  no  part  of  this  appropriation 
shall  be  expended  for  the  purchase  of  any  horses  below  the  standard 
set  by  Army  Regulations  for  Cavalry  and  Artillery  horses,  except 
when  purchased  as  remounts,  or  for  instruction  of  cadets  at  the 
United  States  Military  Academy.     No  part  of  this  appropriation 
shall  be  expended  for  polo  ponies  except  for  West  Point  Military 
Academy,  and  such  ponies  shall  not  be  used  at  any  other  place.     Act 
of  Aug.  24, 1912  (37  Stat.  581}. 

543.  Same — Not  to  take  part  in  horse  shows  or  horse  races. — That 
hereafter  no  part  of  this  or  any  other  appropriation  shall  be  ex- 
pended for  defining  expenses  of  officers,  enlisted  man,  or  horses  in 
attending  or  taking  part  in  horse  shows  or  horse  races;  but  nothing 

'The  annual  appropriation  act,  Aug.  24,  1912  (37  Stat.  581),  is  to  the  same 
effect. 


MILITARY   LAWS   OF    THE   UNITED   STATES.  223 

in  this  proviso  shall  be  held  to  apply  to  the  officers,  enlisted  men,  and 
horses  of  any  troop,  battery,  or  company  which  shall,  by  order  or 
permission  of  the  Secretary  of  War,  and  within  the  limits  of  the 
United  States,  attend  any  horse  show  or  any  State,  county,  or  munici- 
pal fair,  celebration,  or  exhibition.  Act  of  Apr.  27,  1914  (38 
Stat.  363}. 

544.  Veterinarians,   employment   of,   for   animals   not   connected 
with  the  cavalry  and  artillery. — Such  number  of  veterinarians  as 
the  Secretary  of  War  may  authorize  shall  be  employed  to  attend  the 
ainmals  pertaining  to  the  Quartermaster's  or   other  Departments 
not  directly  connected  with  the  cavalry  and  artillery  regiments,  at  a 
compensation  not  exceeding  one  hundred  dollars  per  month.     Sec.  20, 
Act  of  Feb.  2,  1901  (31  Stat.  753}. 

545.  Barracks  and  quarters,  construction  of  permanent. — Perma- 
nent barracks  or  quarters  and  buildings  and  structures  of  a  perma- 
nent nature  shall  not  be  constructed  unless  detailed  estimates  shall 
have  been  previously  submitted  to  Congress,  and  approved  by  a 
special  appropriation  for  the  same,  except  when  constructed  by  the 
troops;  and  no  such  structures,  the  cost  of  which  shall  exceed  twenty 
thousand  dollars,  shall  be  erected  unless  by   special   authority  of 
Congress.1     Sec.  1136,  R.  S. 

546.  Limit   of   cost. — Hereafter   no    expenditures    exceeding    five 
hundred  dollars  shall  be  made  upon  any  building  or  military  post, 
or  grounds  about  the  same,  without  the  approval  of  the  Secretary 
of  War  for  the  same,  upon  detailed  estimates  by  the  Quartermaster's 
Department;  and  the  erection,  construction,  and  repair  of  all  build- 
ings and  other  public  structures  in  the  Quartermaster's  Department 
(-hall,  as  far  as  may  be  practicable,  be  made  by  contract,  after  due 
legal  advertisement.2    Act  of  Feb.  27, 1893  (27  Stat.  484). 

1  The  Quartermaster's  Department  alone  is  charged  with  the  duty  and  respon- 
sibility of  erecting  quarters.     (Travelers  v.  IT.  S.,  5  Ct.  Cls.,  329.) 

2  This  paragraph  continued  to  appear  as  a  proviso  in  several  acts  of  appropria- 
tion for  the  support  of  the  Army  prior  to  the  act  of  February  27,  1893  (27  Stat. 
454).    See  acts  of  March  3,  1885  (23  Stat  360)  ;  June  30,  1886  (24  id.,  97)  ;  Feb- 
ruary 9,  1887  (id.,  399)  ;  September  22,  1888  (25  id.,  486)  ;  March  2,  1889  (id., 
830)  ;  June  13,  1890  (26  id.,  154)  ;  February  24,  1891  (id.,  776)  ;  July  16,  1892  (27 
id.,  180)  ;  February  27,  1893  (id.,  484).     The  same  act  requires  that  the  posts 
at  which  hospital  stewards'  quarters  are  to  be  constructed  shall  be  designated 
by  the  Secretary  of  War,  and  that  such  quarters  shall,  whenever  practicable,  be 
built  by  contract.     27  Stat.  484. 

Where  a  contract  provides  that  an  officer  named  in  the  contract  may,  on 
inspection,  accept  or  reject  any  part  of  the  work  done  under  it  if  not,  in  his 
opinion,  "  strictly  in  accordance  with  the  drawings  and  specifications,"  his 
decision,  in  the  absence  of  fraud,  or  such  gross  error  as  would  imply  bad  faith, 
is  final.  (Driscoll  v.  U.  S.,  34  Ct.  Cls.,  508.)  Such  action  on  the  part  of  the 
officer  being  final  and  conclusive,  it  becomes  the  duty  of  the  contractor  at  his 
own  expense,  to  "  remedy  any  defect  or  unsatisfactory  material  or  work  "  so 
rejected,  "by  conforming  the  same  to  the  drawings  and  specifications.  (Kihlberg 
v.  U.  S.,  97  U.  S.,  97;  Kimball  v.  U.  S.,  24  Ct.  Cls.,  122;  Gleason  v.  Gosnell,  33 
Ct.  Cls.  R.,  65;  Quinn  v  U.  S.,  99  U.  S.,  32;  Sweeney  v.  U.  S.,  109  id.,  618; 


224  MILITAEY   LAWS   OF   THE   UNITED   STATES. 

547.  /Same. — No  money  appropriated  for  military  posts  shall  be 
expended  for  the  construction  of  quarters  for  officers  of  the  army,  or 
for  barracks  and  quarters  for  the  artilkry,  the  total  cost  of  which, 
including  the  heating  and  plumbing  apparatus,  wiring  and  fixtures 
shall  exceed  in  the  case  of  quarters  of  a  general  officer,  the  sum  of 
fifteen  thousand  dollars,  of  a  colonel  or  an  officer  above  the  rank  of 
captain,  twelve  thousand  dollars,  and  of  an  officer  of  and  below  the 
rank  of  captain,  nine  thousand  dollars.     Act  of  Mar.  If,  1909   (35 
Stat.  1003) . 

548.  Shelter  in  the  Philippine  Islands. — For  the  proper  shelter 
and  protection  of  officers  and  enlisted  men  of  the  Army  of  the  United 
States  lawfully  on  duty  in  the  Philippine  Islands,  including  the  ac- 
quisition of  title  to  building  sites  where  necessary,  to  be  expended 
in  the  discretion  of  the  President,  and  to  be  immediately  available, 
one  million  five  hundred  thousand  dollars ; x  and  the  President  is 
directed  to  report  a  detailed  statement  of  the  expenditure  of  this 
sum  to  each  session  of  Congress  until  the  entire  appropriation  is  ex- 
pended.   Act  of  June  30, 1902  (32  Stats.  516) . 

549.  Same — For  seacoast  artillery,  limitation  on  cost. — For  the 
erection  of  barracks  and  quarters  for  artillery  in  connection  with  the 
project  adopted  for  seacoast  defense  there  shall  not  hereafter  be  ex- 
pended at  any  one  point  more  than  one  thousand  two  hundred  dol- 
lars per  man  for  each  man  required  for  one  relief  to  man  the  guns 
at  the  post  up  to  eighty-three  men,  the  present  permanent  strength 
of  a  battery,  enlisted  and  commissioned,  and  for  each  man  required 
beyond  this  number  six  hundred  dollars  per  man,  from  any  appro- 
priation made  by  Congress,  unless  special  authority  of  Congress  be 
granted  for  a  greater  expenditure.2     Act  of  June  6,  1900  (31  Stat. 


550.  Quarters  for  hospital  stewards,  Secretary  of  War  to  designate 
posts  at  which  to  l>e  constructed. — Hereafter  the  posts  at  which  such 

Martinsburg  Co.  v.  March,  114  id.,  549 ;  Chicago  R.  R.  Co.  v.  Price,  38  id.,  185 ; 
Ogden  v.  U.  S.,  60  Fed.  Rep.,  725;  Elliott  v.  R.  R.  Co.,  74  id.,  711.) 

Where  extensions  of  time  are  granted  to  complete  a  contract,  all  prior  delays 
or  defaults  are  waived  and  can  not  be  revived.  (Gleason  &  Gosnell  v.  U.  S., 
33  Ct.  Cls.,  65;  Pigeon  v.  U.  S.,  27  id.,  167,  175.) 

Where  additional  work  was  necessary,  and  the  officer  in  charge  ordered  it 
to  be  done,  and  the  Government  received  the  benefit  of  it,  the  Government  is 
liable.  (Haliday  v.  U.  S.,  33  Ct.  Cls.,  453.) 

Where  performance  is  prevented  by  act  of  God  no  breach  can  be  assigned, 
although  no  reference  was  made  thereto  in  the  contract.  (Gleason  &  Gosnell  v. 
li.  S.,  33  Ct.  Cls.,  65;  McDermott  v.  Jones,  2  Wall.,  1,  7;  Satterlee,  adminis- 
trator, v.  U.  S.,  30  Ct.  Cls.,  31,  50,  and  cases  there  cited.) 

1  Each  subsequent  appropriation  for  barracks  and  quarters,  Philippine  Islands, 
has  contained  the  following  language :  "  Continuing  the  work  of  providing  for 
the  proper  shelter  and  protection  of  officers  and  enlisted  men  of  the  Army  of 
the  United  States  lawfully  on  duty  in  the  Philippine  Islands.     *     *     *  " 

2  This  enactment  replaces  the  requirement  of  the  act  of  July  1,  1898  (30  Stat. 
629),  which  restricted  expenditures  on  artillery  posts  for  seacoast  defense  to 
$60,000  for  a  one-battery  post  and  $20,000  additional  for  each  additional  battery. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  225 

quarters  [for  hospital  stewards],  shall  be  constructed  shall  oe  desig- 
nated by  the  Secretary  of  War,  and  such  quarters  shall  be  built  by 
contract,  after  legal  advertisement,  whenever  the  same  is  prac- 
ticable. Act  of  Feb.  27, 1893  (27  Stat.  484) . 

551.  Quarters  in  kind  to  officers. — At  all  posts  and  stations  where 
there  are  public  quarters  belonging  to  the  United  States  officers  may 
be  furnished  with  quarters  in  kind  in  such  public  quarters,  and  not 
elsewhere,  by  the  Quartermaster's  Department,  assigning  to  the 
officers  of  each  grade,  respectively,  such  number  of  rooms  as  is  stated 
in  the  following  table,  namely:  Second  lieutenants,  two  rooms;  first 
lieutenants,  three  rooms;  captains,  four  rooms;  majors,  five  rooms; 
lieutenant-colonels,  six  rooms;  colonels,  seven  rooms;  brigadier- 
generals,  eight  rooms;  major-generals,  nine  rooms;  lieutenant-gen- 
eral, ten  rooms.1  Act  of  Mar.  %^.1907  (34  Stat.  1168).  See  para- 
graph 668,  post. 

1  For  rules  respecting  the  allowance  and  assignment  of  quarters  at  military 
posts,  see  paragraphs  1024-1035,  1044,  1390,  and  1397,  A.  R.,  1913. 

Held,  that  with  but  very  few  exceptions  made  by  law  the  certificate  of  ap- 
proval of  an  officer  is  not  intended  to  be  conclusive  upon  the  accounting  officers, 
but  that  the  latter  must  render  a  decision  on  the  legality  of  the  claim  for 
payment  or  for  crediting  an  account  upon  the  facts ;  that  upon  them  is  cast  the 
responsibility  for  securing  the  facts  and  upon  other  officers  the  duty  of  furnish- 
ing upon  request  such  evidence  in  addition  to  certificates  as  may  be  called  for 
by  the  accounting  officers;  that  this  right  to  call  for  evidence  is  inseparable 
from  the  duty  to  audit  and  to  decide  questions  of  law  and  fact,  and  that  it 
must  be  exercised  reasonably  as  must  any  public  duty,  but  that  the  accounting 
officer,  and  not  an  administrative  officer  incurring  liabilities  or  expending 
public  funds,  must  determine  the  extent  to  which  it  may  be  necessary  to  go  in 
any  particular  case  in  collecting  the  evidence  to  establish  what  he  believes  to 
be  the  essential  fact  as  a  basis  for  decision;  that  the  certificate  that  public 
quarters  at  a  post  are  fully  occupied  should  be  accepted  as  prima  facie  evidence 
of  the  facts  underlying  the  conclusion  certified  to  but  should  not  be  considered 
as  the  best  evidence  in  all  cases  nor  as  relieving  the  Auditor  of  responsibility  of 
determining  the  facts  and  securing  the  evidence  necessary  to  a  decision. 

Held  further,  that  the  fact  that  an  officer's  application  for  assignment  of 
quarters,  in  kind  was  denied  did  not  entitle  him  to  commutation  of  quarters, 
if  in  fact  there  were  public  quarters  at  the  post  or  station  which  might  have 
been  assigned  to  him,  but  that,  under  existing  conditions  as  to  construction  of 
houses,  rooms  in  excess  of  the  authorized  allowance  in  a  single  house  assigned 
to  and  occupied  by  an  officer  and  his  family  were  not  rooms  that  must  neces- 
sarily have  been  assigned  to  another  officer,  and  that  while  such  conditions 
existed  these  excess  rooms  were  not  quarters  and  probably  ought  not  to  have 
been  provided  with  furniture  or  light  or  separate  heating ;  that  commutation  of 
quarters  for  an  officer  on  duty  at  a  post  where  there  were  public  quarters  could 
not  be  granted  by  an  order;  that  the  facts  determined  the  right  and  that  when 
the  only  rooms  unoccupied  were  rooms  in  single  houses  in  excess  of  the  author- 
ized allowance  of  the  occupants  of  those  houses,  but  not  adapted  for  separate 
quarters,  there  were  no  public  quarters  within  the  meaning  of  the  law,  but  that 
the  contrary  was  true  where  there  were  quarters  occupied  by  persons  not  en- 
titled to  quarters;  that  the  question  whether  or  not  there  were  inhabitable 
although  undesirable  public  quarters  and  all  other  questions  involved  in  the 
payment  of  commutation  must  be  decided  by  the  Auditor  or  Comptroller  in  each 
case,  and  that  while  they  might  prefer  to  accept  the  decision  of  other  officers 
they  could  not  shift  their  duty  in  this  manner,  and  must  accept  certificates  of 
facts  and  conclusions  only  so  far  as  they  believed  the  situation  justified  that 
course.  (Asst.  Comp.  W.  W.  Warwick,  Aug.  18,  1913.) 

48985°— 15 15 


226  MILITARY   LAWS   OF   THE   UNITED   STATES. 

552.  Same — Officers   temporarily   obsent  not   to   lose   mght  to. — • 
Hereafter  officers  temporarily  absent  on  duty  in  the  field  shall  not 
lose  their  right  to  quarters,  or  commutation  thereof,  at  their  per- 
manent station  while  so  temporarily  absent.     Act  of  Feb.  £7,  1893 
(27  Stat.  480). 

553.  /Shooting  galleries  and  ranges. — For  shelter,  shooting  gal- 
leries, ranges  for  small-arms  target  practice,  repairs,  and  expenses 
incident  thereto,  including  flour  or  paste  for  marking  targets,  hire  of 
employees,  such  ranges  and  galleries  to  be  open,  as  far  as  practicable, 
to  the  National  Guard  and  organized  rifle  clubs  under  regulations  to 
be  prescribed  by  the  Secretary  of  War.     Act  of  Mar.  0,  '1913  (37  Stat. 
717). 

554.  Fuel  and  forage  allowance. — Allowance  of  or  commutation 
for  fuel  to  commissioned  officers  is  hereby  prohibited;  but  fuel  may 
be  furnished  to  the  officers  of  the  Army  by  the  Quartermaster's  De- 
partment, for  the  actual  use  of  such  officers  only,  at  the  rate  of  three 
dollars  per  cord  for  standard  oak  wood,  or  at  an  equivalent  rate  for 
other  kinds  of  fuel,  according  to  the  regulations  now  in  existence; 
and  forage  in  kind  may  be  furnished  to  the  officers  of  the  Army  by 
the  Quartermaster's  Department,  only  for  horses  owned  and  actually 
kept  by  such  officers  in  the  performance  of  their  official  military 
duties  when  on  duty  with  troops  in  the  field  or  at  such  military  posts 
west  of  the  Mississippi  River,  as  may  be  from  time  to  time  desig- 
nated by  the  Secretary  of  War,  and  not  otherwise  as  follows : 

To  the  General,  five  horses; 
To  the  Lieutenant-General,  four  horses ; 
To  a  major-general,  three  horses; 
To  a  brigadier-general,  three  horses; 
To  a  colonel,  two  horses; 
To  a  lieutenant-colonel,  two  horses; 
To  a  major,  two  horses; 
To  a  captain  (mounted),  two  horses; 
To  a  lieutenant  (mounted),  two  horses; 
To  an  adjutant,  two  horses; 

To  a  regimental  quartermaster,  two  horses.1  Sec.  #,  Act  of  June 
18,1878  (W  Stat.  150). 

"This  statute  and  the  act  of  February  24,  1881  (21  Stat.  347),  have  been 
regarded  as  repealing  sections  1271  and  1272,  Revised  Statutes,  and  imposing 
the  additional  requirement  that  the  horses  shall  not  only  be  "  actually  kept." 
but  also  "owned"  by  officers  in  the  performance  of  their  military  duties.  In 
a  decision  dated  January  23,  1913  (19  Comp.  Dec.,  460),  the  Comptroller  held 
that  these  acts  did  not  entirely  repeal  sections  1271  and  1272,  Revised  Statutes, 
but  merely  imposed  the  added  condition  upon  officers  of  the  Army  serving  in 
this  country,  which  is  that  they  shall  not  only  keep  their  horses  in  the  military 
service  in  the  performance  of  their  official  military  duties  but  that  they  shall 
actually  own  them  as  well ;  and  that  "  the  issue  of  forage  to  military  attaches 
abroad  is  governed  by  section  1272  of  the  Revised  Statutes,  under  which  such 
officers  are  only  required  to  actually  keep  their  horses  in  the  service  when  on 


MILITARY   LAWS    OF    THE   UNITED    STATES.  227 

555.  Fuel  allowance  limited  to  actual  personal  necessities. — Here 
after,  fuel  may  be  furnished  to  commissioned  officers  on  the  active 
list  by  the  Quartermaster's  Department,  for  the  actual  use  of  such 
officers  only,  at  the  rate  of  three  dollars  per  cord  for  standard  oak 
wood,  or  at  an  equivalent  rate  for  other  kinds  of  fuel,  the  amount  so 
furnished  to  each  to  be  limited  to  the  officer's  actual  personal  neces- 
sities as  certified  to  by  him.1     Act  of  June  12, 1906  (34  Stat.  250). 

556.  Heat  and  light  allowance,  limited  to  that  actually  necessary 
for  authorized  allowance  of  quarters. — Hereafter  the  heat  and  light 
actually  necessary  for  the  authorized  allowance  of  quarters  for  offi- 
cers and  enlisted  men  shall  be  furnished  at  the  expense  of  the  United 
States  under  such  regulations  as  the  Secretary  of  War  may  prescribe.2 
Act  of  Mar.  2,  1907  (34  Stat.  1167). 

557.  Forage,  no   discrimination  against   officers  serving   east   of 
Mississippi  River. — There  shall  be  no  discrimination  in  the  issue  of 
forage  against  officers  serving  east  of  the  Mississippi  River,  provided 
they  are  required  by  law  to  be  mounted,  and  actually  keep  and  own 
their  animals.    Act  of  Feb.  24, 1881  (21  Stat.  347). 

duty,  and  at  the  place  where  they  are  on  duty,  to  be  entitled  to  draw  the 
authorized  allowance  of  forage  for  them." 

The  right  conferred  upon  officers  of  the  Army  by  the  Act  of  June  18,  1878 
(20  Stat.  150),  to  purchase  fuel  for  their  actual  use  only,  in  the  manner  and 
at  the  terms  prescribed  by  said  Act,  pertains  to  all  officers  of  the  Army,  irre- 
spective of  the  nature  of  the  duties  upon  which  they  are  engaged.  No  part  of 
the  cost  of  fuel  so  sold  is  properly  chargeable  to  the  appropriation  for  any 
public  work,  unless  provision  is  expressly  made  therein  for  such  cost.  (3  Dig. 
2d  Comp.  Dec.,  par.  655.)  For  allowances  of  fuel  as  established  by  regulation, 
see  par.  1044,  A.  R.,  1913. 

For  regulations  as  to  forage  ration,  bedding,  right  of  officer  to  purchase 
forage  for  two  horses  kept  for  his  own  use,  etc.,  see  paragraphs  1077-1085, 
A.  R.,  1913. 

For  a  case,  in  which  certain  officers  of  the  Army  were  ordered  by  the  Secre- 
tary of  War  to  make  restitution  to  the  United  States  of  certain  sums  of  money 
representing  quantities  of  fuel  which  had  been  consumed  by  them  without  being 
paid  for  as  required  by  law,  see  Gen.  Court-martial  Orders  No.  85,  War  Dept. 
of  1882. 

1  See  par.  1044,  A.  R.,  1913,  for  table  showing  allowance  of  rooms,  fuel,  and 
cooking  and  heating  stoves  for  officers. 

Held,  that  upon  the  evidence  submitted  the  conclusion  would  not  at  present 
be  adopted  that  the  fuel  allowances  prescribed  in  the  regulations  were  largely 
in  excess  of  the  quantities  of  fuel  actually  necessary  for  heating  the  authorized 
allowance  of  quarters  for  officers,  and  until  the  Secretary  of  War  had  had  time 
to  consider  and  amend  said  regulations  the  accounting  officers  would  continue 
to  assume  that  the  quantities  of  fuel  therein  prescribed  did  not  exceed  the 
quantities  necessary. 

With  reference  to  the  payment  of  the  value  of  the  fuel  allowance  to  officers 
on  detached  service  in  foreign  countries,  Held,  that  the  amendment  to  the 
regulations  authorizing  such  payment  at  the  local  rates  of  fuel  at  the  place 
where  the  officer  is  serving,  should  be  interpreted  as  requiring,  in  a  case  to 
which  the  regulation  applies,  a  computation  based  upon  the  value  of  the  equiv- 
alent of  the  wood  allowance  in  the  fuel  actually  used  at  the  local  price  of  such 
fuel  and  not  upon  the  price  of  oak  wood  at  such  place  where  the  same  was  not 
actually  used  for  fuel.  (Asst.  Comp.  W.  W.  Warwick,  Sept.  23,  1913.) 

2  For  regulations  as  to  lighting  quarters  and  barracks,  etc.,  at  military  posts, 
see  paragraphs  1050-61,  A.  R.,  1913. 


228  MILITARY   LAWS   OF   THE   UNITED   STATES. 

558.  Horses  owned  by  officers  ordered  to  duty  beyond  seas,  etc.,  to 
be  purchased  by  the  Government. — Hereafter  when  a  mounted  officer 
is  ordered  to  duty  beyond  the  seas  or  to  make  a  change  of  station  in 
the  United  States  in  which  the  cost  of  transportation  for  his  au- 
thorized number  of  owned  horses  exceeds  the  sum  at  the  time  allowed 
for  that  purpose  in  the  Army  Regulations,  the  Secretary  of  War  is 
authorized,  under  such  regulations  in  respect  to  inspection  and  valua- 
tion as  he  may  prescribe,  in  his  discretion  to  permit  the  purchase  of 
said  horses  by  the  Quartermaster's  Department,  at  a  price  not  ex- 
ceeding the  average  contract  price  paid  for  horses  during  the  pre- 
ceding fiscal  year,  the  exact  price  to  be  fixed  by  a  board  of  officers. 
Act  of  Mar.  83, 1910  (36  Stat.  254). 

(This  provision  amends  the  act  of  March  2,  1903,  32  Stat.  937.) 

559.  Same — Not  to  be  deprived  of  forage,  bedding,  shoeing,  or 
shelter,  etc. — Nothing  in  the  Act  making  appropriations  for  the  legis- 
lative, executive,  and  judicial  expenses  of  the  Government  for  the 
fiscal  year  nineteen  hundred  and  seven,  or  any  other  Act,  shall  here- 
after be  held  or  construed  so  as  to  deprive  officers  of  the  Army, 
wherever  on  duty  in  the  military  service  of  the  United  States,  of 
forage,  bedding,  shoeing,  or  shelter  for  their  authorized  number  of 
horses,  or  of  any  means  of  transportation  or  maintenance  therefor 
for  which  provision  is  made  by  the  terms  of  this  Act.     Act  of  Mar.  2, 
1907  (34  Stat.  1166). 

560.  Same — Not  to  be  deprived  of  when  officer  is  separated  from 
through  nature  of  his  military  service. — Hereafter,  when  an  officer 
is  separated  from  his  authorized  number  of  owned  horses  through 
the  nature  of  the  military  service  upon  which  employed,  they  shall 
not  be  deprived  of  forage,  bedding,  shelter,  shoeing,  or  medicines 
therefore,  because  of  such  separation.     Act  of  Mar.  23, 1910  (36  Stat. 


561.  Same — Transportation  may  be  furnished  for  from  point  of 
purchase  to  point  of  officer's  station. — Hereafter  transportation  may 
be  furnished  for  the  owned  horses  of  an  officer,  not  exceeding  the 
number  authorized  by  law,  from  point  of  purchase  to  his  station, 
when  he  would  have  been  entitled  to  and  did  not  have  his  authorized 
number  of  owned  horses  shipped  upon  his  last  change  of  station,  and 
when  the  cost  of  shipment  does  not  exceed  that  from  his  old  to  his 
new  station.    Act  of  Mar.  23, 1910  (36  Stat.  255) . 

562.  Extra-duty  pay,  rates. — When  soldiers  are  detailed  for  em- 
ployment as  artificers  or  laborers  in  the  construction  of  permanent 
military  works,  public  roads,  or  other  constant  labor  of  not  less  than 
ten  days'  duration,  they  shall  receive,  in  addition  to  their  regular 
pay,  the   following   compensation:  [Fifty   cents   per   day   for   me- 
chanics, artisans,  school-teachers  and  clerks  at  Army,  division,  and 


MILITARY   LAWS   OF   THE   UNITED   STATES.  229 

department  headquarters,  and  thirty-five  cents  per  day  for  other 
clerks,  teamsters,  laborers,  and  others.]  This  allowance  of  extra  pay 
shall  not  apply  to  the  troops  of  the  Ordnance  Department.1  Sec. 
1287,  R.  8.,  as  amended  ly  acts  of  July  5,  1884  (23  Stat.  110),  and. 
Mar  3, 1885  (id.,  359}. 

563.  Same. — Extra-duty  pay  hereafter  shall  be  at  the  rate  of  fifty 
cents  per  day  for  mechanics,  artisans,  school-teachers,  and  clerks  at 
Army,  division,  and  department  headquarters,  and  thirty-five  cents 
per  day  for  other  clerks,  teamsters,  laborers,  and  others.2    Acts  of 
July  5,  1884  (23  Stat.  110);  Mar.  2,  1885  (id.,  359}. 

564.  Same — Extra  pay  not  to  be  paid  to  soldier  receiving. — Extra 
pay     *     *     *     shall  not  be  paid  to  any  enlisted  man  who  receives 
extra-duty  pay  under  existing  laws  or  army  regulations.     Act  of 
Mar.  2, 1907  (34  Stat.  1066} . 

565.  Extra-duty,  details  to  ~be  in  writing. — Working  parties  of 
soldiers  shall  be  detailed  for  employment  as  artificers  or  laborers,  in 
the  construction  of  permanent  military  works  or  public  roads,  or  in 
other  constant  labor  only  upon  the  written  order  of  a  commanding 
officer,  when  such  detail  is  for  ten  or  more  days.     Sec.  1235,  R.  S. 

566.  Same — Details  in  field  only  with  consent  of  commanding 
officer. — Details  to  special  service  from  forces  in  the  field  shall  be 
made  only  with  the  consent  of  the  commanding  officer  of  the  forces. 
Sec.  1236,  R.  S. 

567.  Same — In  war  time,  no  additional  compensation  for. — In  war 
time  no  additional  increased  compensation  shall  be  allowed  to  sol- 
diers performing  what  is  known  as  extra  or  special  duty.     Sec.  6, 
Act  of  Apr.  26, 1898  (30  Stat.  365}. 

568.  Same — Not  entitled  to  while  receiving  the  20  per  centum 
increase. — Enlisted  men  receiving  or  entitled  to  the  twenty  per  cen- 
tum increased  pay  herein  authorized  shall  not  be  entitled  to  or  re- 

1This  section  does  not  include  company  clerks.  (47  Ct.  Cls.,  286.)  For  regu- 
lations governing  working  parties  and  extra-duty  pay  see  pars.  168-177,  A.  It.. 
1913. 

2  Enlisted  men  of  the  several  staff  departments  are  not  entitled  to  extra-duty 
pay  for  services  rendered  in  the  department  to  which  they  belong.  To  entitle 
them  to  such  compensation  they  must  be  detailed  by  competent  orders  and  must 
have  performed  duty  in  another  department  than  that  in  which  they  are  en- 
listed. Under  existing  orders  enlisted  men  of  the  Ordnance  Department  are 
entitled  to  extra-duty  pay  when  performing  duty  in  the  Quartermaster's  De- 
partment. (Circular  II,  A.  G.  O.,  1886;  I,  id.,  1887,  and  par.  172,  A.  R.,  1913.) 

Clerical  services  at  Army,  division,  and  department  headquarters  have,  since 
the  act  of  Juy  29,  1886  (24  Stat.  167),  been  performed  by  a  corps  of  general- 
service  clerks  and  messengers.  By  the  act  of  August  6,  1894,  this  force  ceased 
to  exist  as  a  part  of  the  enlisted  strength  of  the  Army. 

The  act  of  March  15,  1898  (30  Stat.  323),  and  prior  acts  of  appropriation  fix 
the  sum  that  may  be  expended  for  the  pay  of  extra-duty  men  at  $200,000  per 
annum ;  they  also  contain  the  requirement  that  "  no  payment  of  extra-duty  pay 
shall  be  made  at  any  greater  rate  per  day  than  is  fixed  by  law  for  the  class 
of  persons  employed  and  the  work  done  therein." 


230  MILITARY   LAWS   OF   THE   UNITED   STATES. 

ceive  any  additional  increased  compensation  for  what  is  known  as 
extra  or  special  duty.    Act  of  May  26, 1900  (31  Stat.  211). 

569.  Civilian  employees,  restriction  on  employment. — The  number 
of  and  total  sum  paid  for  civilian  employees  in  the  Quartermaster's 
Department,  including  those  paid  from  the  funds  appropriated  for 
regular  supplies,  incidental  expenses,  barracks  and  quarters,  army 
transportation,    clothing,    camp    and    garrison    equipage,    shall    be 
limited  to  the  actual  requirements  of  the  service,  and  no  employee 
paid  therefrom  shall  receive  a  salary  of  more  than  one  hundred  and 
fifty  dollars  per  month,  except  upon  the  approval  of  the  Secretary  of 
War.1    Act  of  Mar.  0, 1901  (31  Stat.  906). 

570.  Same. — That  the  number  of  and  total  sum  paid  for  civilian 
employees  in  the  Quartermaster  Corps,  shall  be  limited  to  the  actual 
requirements  of  the  service,  and  that  no  employee  therein  shall  re- 
ceive a  salary  of  more  than  $150  per  month,  except  upon  the  approval 
of  the  Secretary  of  War.     Act  of  Mar.  2,  1913  (37  Stat.  714). 

571.  Clothing,   President   to   prescribe   uniform. — The   President 
may  prescribe  the  uniform  of  the  Army  and  quantity  and  kind  of 
clothing  which  shall  be  issued  annually  to  the  troops  of  the  United 
States.2    Sec.  1296,  R.  S. 

572.  Same — Gratuitous  issue  of. — The  Secretary  of  War  may,  on 
the  recommendation  of  the  Surgeon-General,  order  gratuitous  issues 
of  clothing  to  soldiers  who  have  had  contagious  diseases,  and  to  hos- 
pital attendants  who  have  nursed  them,  to  replace  any  articles  of 

lrrhe  act  of  March  3,  1885  (23  Stat.  359),  restricted  the  number  of  civilian 
employees  in  this  Department  to  1,000;  the  act  of  February  12,  1895  (28  id., 
661),  restricted  the  payments  for  the  services  of  civilian  employees  to  $1,000,- 
000,  and  provided  that  no  employee  should  receive  as  salary  more  than  $150 
per  month  without  the  specific  authority  of  law.  (See  p.  18,  Bulletin  7,  W.  D.. 
1913,  for  act  of  Mar.  2,  1913.) 

The  amount  to  be  expended  for  the  payment  of  civilian  employees  was  fixed 
at  $1,600000  by  the  act  of  March  3.  1883  (22  Stat.  459)  ;  at  $1,500,000  by  the 
acts  of  July  5,  1SS4  (23  Stat.  Ill),  March  3,  1885  (23  Stat.  360),  and  June  30, 
1886  (24  Stat.  98)  ;  at  $1,300,000  by  the  acts  of  February  9,  1887  (24  Stat.  399). 
September  22,  1888  (25  Stat.  486),  March  2,  1889  (25  Stat.  830),  June  13,  1890 
(26  Stat.  154).  and  February  24,  1891  (26  Stat.  776)  ;  at  $1,200,000  by  the  acts 
of  July  16,  1892  (27  Stat.  180),  and  February  27,  1893  (27  Stat.  484);  at 
$1,100,000  by  the  act  of  August  6,  1894  (28  Stat.  240),  and  at  $1,000,000  by  the 
acts  of  February  12,  1895  (28  Stat.  661),  March  16.  1896  (29  Stat.  66),  March 
2,  1897  (id.,  614),  and  March  15,  1898  (30  id.,  323)  ;  by  the  acts  of  June  7,  1898 
'30  id.,  433),  March  3,  1899  (id.,  1350),  and  February  24,  1900  (31  id.,  32),  the 
restrictions  imposed  in  the  statutes  above  referred  to  were  suspended,  in  the 
discretion  of  the  Secretary  of  War  or  subject  to  the  further  order  of  Congress, 
until  June  30,  1901. 

For  provision  replacing  civilian  employees  of  the  Quartermaster  Corps  with 
master  electricians,  first-class  sergeants,  sergeants,  corporals,  first-class  privates, 
and  privates,  see  paragraph  505,  ante. 

a  Under  authority  conferred  by  this  section  the  President  directed  that  cam- 
paign badges  with  ribbons  be  issued  as  articles  of  uniform  to  officers  and  en- 
listed men  in  the  service.  (See  G.  O.  No.  4,  War  Dept.,  1905,  as  amended  by 
G.  O.  129,  War  Dept.,  1908.  See,  also,  Circular  No.  82,  War  Dept,  1908,  and 
G.  O.  Nos.  96  and  97,  War  Dept,  1909.  For  decision  of  Jttdge-Advoeate-Genera] 
relative  to  campaign  badges  forming  a  portion  of  the  prescribed  uniform,  etc., 
see  Dig.  Op.  J.  A.  G.,  1912,  p.  668. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  231 

their  clothing  destroyed  by  order  of  the  proper  medical  officers  to 
prevent  contagion.1    Sec.  1298,  R.  S. 

573.  Same — Quarterly    returns    of. — Every    officer    who    receives 
clothing  or  camp  equipage  for  the  use  of  his  command,  or  for  issue 
to  the  troops,  shall  render  to  the   Quartermaster-General,   at  the 
expiration  of  each  regular  quarter  of  the  year,  quarterly  returns  of 
such  supplies,  according   to  the   forms  which   may  be  prescribed, 
accompanied  by  the  requisite  vouchers  for  any  issues  which  shall 
have  been  made.2    Sec.  1%%1,  R.  S.,  as  amended  ~by  Act  of  Mar.  *29, 
1894  (28  Stat.  47}. 

574.  Same — Allowance  of. — The  money  value  of  all  clothing  over- 
drawn by  the  soldier  beyond  his  allowance  shall  be  charged  against 
him,  every  six  months,  on  the  muster  roll  of  his  company,  or  on  his 
final  statements  if  sooner  discharged,  and  he  shall  receive  pay  for 
such  articles  of  clothing  as  have  not  been  issued  to  him  in  any  year, 
or  which  may  be  due  to  him  at  the  time  of  his  discharge,  according 
to  the  annual  estimated  value  thereof.     The  amount  due  him  for 
clothing,  when  he  draws  less  than  his  allowance,  shall  not  be  paid  to 
him  until  his  final  discharge  from  the  service.3    Sec.  1302,  R.  S. 

575.  Same — Balance  payable  at  discharge. — The  amounts  of  de- 
posits and  clothing  balances  accumulating  to  the   soldier's   credit 
under  sections  thirteen  hundred  and  two  and  thirteen  hundred  and 

1  See  act  of  June  30,  1902  (32  Stat.  517),  and  subsequent  Army  appropriation 
acts  providing  for  indemnity  to  officers  and  men  of  the  Army  for  clothing  and. 
bedding,  and  so  forth,  destroyed  since  April  22,  1898,  by  order  of  medical  officers 
of  the  Army  for  sanitary  reasons.  For  regulations  governing  gratuitous  issues 
of  clothing  see  paragraphs  1172,  1173,  and  1455,  A.  R.,  1913. 

The  act  of  April  27,  1914  (Pub.  No.  91,  38  Stat.  — ),  and  prior  Army  appro- 
priation acts  for  a  number  of  years,  provide  "for  a  suit  of  citizen's  outer 
clothing,  to  cost  not  exceeding  $10,  to  be  issued  upon  release  from  confinement 
under  a  court-martial  sentence  involving  dishonorable  discharge." 

Where  the  clothing  of  certain  enlisted  men  of  volunteers  was  destroyed  near 
Santiago,  Cuba,  in  1898,  by  order  of  the  proper  military  authority,  on  account 
of  having  been  exposed  to  contagion,  and  replaced  by  new  clothing  which  was 
charged  to  the  enlisted  men  receiving  it  on  their  clothing  accounts,  it  was 
decided  by  the  Comptroller  of  the  Treasury,  November  28,  1900,  that  the  issue 
was  proper  under  the  circumstances  of  the  case,  and  that  the  charges  therefor 
in  the  clothing  accounts  were  erroneous  and  should  be  canceled.  (Circular  No. 
51,  A.  G.  O.,  1900.) 

aFor  regulations  providing  that  tables  showing  the  price  of  clothing  and 
equipage  for  the  Army,  the  allowance  of  clothing  in  kind  to  each  soldier  for 
each  year  of  his  enlistment,  and  his  clothing  money  allowance  for  each  year, 
month,  and  day,  also  the  allowance  of  equipage  to  officers  and  enlisted  men, 
will  be  published  in  circulars  from  the  office  of  the  Chief  of  the  Quartermaster 
Corps;  and  as  to  estimates  for  and  issues  of  clothing,  etc.,  see  paragraphs 
1146-1173,  A.  R.,  1913. 

3  For  regulations  respecting  clothing  accounts,  see  paragraphs  1157-1166  and 
1169,  Army  Regulations,  1913. 

The  Quartermaster  Corps  is  authorized  to  pay  from  the  appropriation  for 
clothing  and  equipage  a  sum  not  exceeding  $1.50  for  the  laundry  work  of  each 
recruit  who  has  no  funds  of  his  own  at  recruiting  stations,  recruit  depots,  and 
recruit  posts.  The  expenditure  will  be  charged  on  the  clothing  account  of  the 
recruit  and  so  noted  on  his  descriptive  and  assignment  card.  (Par.  1169,  A.  R., 
1913.) 


232  MILITARY   LAWS   OF   THE   UNITED   STATES. 

five  shall,  when  payable  to  him  upon  his  discharge,  be  paid  out  of  the 
appropriations  for  "  pay  of  the  Army  "  for  the  then  current  fiscal 
year.  Sergeants  of  ordnance  shall  receive  the  same  allowance  of 
clothing  as  other  sergeants  in  like  staff  departments.  Sec.  1308,  R.  $., 
as  amended  by  Act  of  July  16, 1892  (27  Stat.  178). 

576.  Same — To  be  paid  out  of  appropriation  for  pay  of  Army  for 
the  then  current  fiscal  year. — Clothing  balances  accumulating  to  the 
soldier's  credit  under  section  thirteen  hundred  and  two  shall,  when 
payable  to  him  upon  his  discharge,  be  paid  out  of  the  appropriation 
for  pay  of  the  Army  for  the  then  current  fiscal  year.    Act  of  June  12, 
1906  (34  Stat.,  246). 

(This  paragraph  amends  section  1308  of  the  Revised  Statutes.) 

577.  Same — Altering. — It   shall  be   lawful   for  the   commanding 
officer  of  each  regiment,  whenever  it  may  be  necessary,  to  cause  the 
coats,  vests,  and  overalls  or  breeches  which  may  from  time  to  time  be 
issued  to  and  for  his  regiment  to  be  altered  and  new  made,  so  as  to 
better  to  fit  them  to  the  persons  respectively  for  whose  use  they  shall 
be  delivered;  and  for  defraying  the  expense  of  such  alterations,  to 
cause  to  be  deducted  and  applied  out  of  the  pay  of  such  persons  a 
sum  or  sums  not  exceeding  twenty-five  cents  for  each  coat,  eight  cents 
for  each  vest  and  for  each  pair  of  overalls  or  breeches.     Sec.  1220, 
ft.S. 

578.  Same — Limit  of  cost. — Hereafter  the  regimental  price  fixed 
for  altering  and  fitting  soldiers'  clothing  shall  not  exceed  the  cost  of 
making  the  same  at  the  clothing  depot.1    Act  of  Mar.  2,  1889  (25 
Stat.  831}. 

579.  (None.) 

SUBSISTENCE    DEPARTMENT. 

580.  Organization. — The  Subsistence  Department  shall  consist  of 
one  Commissary-General    of    Subsistence  with    rank  of    brigadier- 
general,  three  assistant  commissaries-general  with  the  rank  of  colonel, 
four  deputy  commissaries-general  with  the  rank  of  lieutenant-colonel, 
nine  commissaries  with  the  rank  of  major,  twenty-seven  commis- 
saries with  the  rank  of  captain,  mounted,  the  number  of  commissary- 
sergeants  now  authorized  by  law,  who  shall  hereafter  be  known  as 
post  commissary-sergeants.2     Sec.  1140,  R.  S.,  as  amended  by  sec. 
17,  act  of  Feb.  2, 1901  (31  Stat. 


1  See  paragraph  1262,  public  property,  for  provisions  relative  to  the  sale,  barter, 
exchange,  pledge,  loan  or  gift  of  clothing.  See  under  chapter  on  Articles  of 
War,  the  seventeenth  Article  of  War,  as  to  punishment  of  soldier  who  sells 
or  through  neglect  loses  or  spoils  his  clothing,  etc. 

*  For  consolidation  of  the  Quartermaster's  Subsistence,  and  Pay  Department, 
see  paragraph  499,  ante. 

For  provision  that  when  the  first  vacancy  in  the  grade  of  brigadier  general  in 
the  Quartermaster  Corps,  except  a  vacancy  caused  by  the  expiration  of  a 
limited  term  of  appointment,  shall  hereafter  occur  that  vacancy  shall  not  be 


MILITARY   LAWS   OF   THE   UNITED   STATES.  233 

581.  Same — Promotions,  details. — So  long  as  there  remain   any 
officers  holding  permanent  appointments  in  the     *     *     *     Subsist- 
ence Department     *     *     *     including  those  appointed  to  original 
vacancies  in  the  grades  of  captain  and  first  lieutenant  under  the  pro- 
visions of  sections  sixteen,  seventeen,  twenty-one,  and  twenty-four 
of  this  act,  they  shall  be  promoted  according  to  seniority  in  the 
several  grades,  as  now  provided  by  law,  and  nothing  herein  contained 
shall  be  deemed  to  apply  to  vacancies  which  can  be  filled  by  such  pro- 
motions or  to  the  periods  for  which  the  officers  so  promoted  shall  hold 
their  appointments.1    Sec.  26,  id.,  755. 

582.  Same — Details. — When  any  vacancy,  except  that  of  the  chief 
of  the  department  or  corps,  shall  occur,  which  can  not  be  filled  by 
promotion  as  provided  in  this  section,  it  shall  be  filled  by  detail  from 
the  line  of  the  Army,  and  no  more  permanent  appointments  shall  be 
made  in  those  departments  or  corps.2    Id. 

filled,  but  the  office  in  which  the  vacancy  occurs  shall  immediately  cease  and 
determine.  (See  paragraph  502,  ante,  sec.  3,  act  of  Aug.  24, 1912  (37  Stat.  591).) 

For  provision  as  to  the  number  of  officers  in  the  grades  of  colonel,  lieutenant 
colonel,  major,  and  captain  in  the  Quartermaster  Corps,  see  paragraph  497,  ante. 

Section  17  of  the  act  of  February  2,  1901  (31  Stat.  752),  contained  the  re- 
quirement that  "  all  vacancies  in  the  grades  of  colonel,  lieutenant-colonel,  and 
major,  created  or  caused  by  this  act,  shall  be  tilled  by  promotion,  according  to, 
seniority,  as  now  prescribed  by  law ;  "  the  same  enactment  also  contained  the 
proviso  that  "  to  fill  vacancies  in  the  grade  of  captain  created  by  this  act,  the 
President  is  authorized  to  appoint  officers  of  volunteers  commissioned  in  the 
Subsistence  Department  since  April  21,  1898." 

Section  2  of  the  act  of  July  7,  1898  (30  Stat.  715),  authorized  the  Subsistence 
Department  of  the  volunteer  service  to  be  increased  "  during  the  present  war, 
and  not  to  exceed  one  year  thereafter,  eight  majors  and  twelve  captains  for 
the  discharge  of  such  subsistence  duties  as  may  be  assigned  to  them  by  the 
Secretary  of  War,  to  be  nominated  and,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  be  appointed  by  the  President." 

The  same  statute  contained  the  requirement  that  "  during  the  existence  of 
the  present  war,  and  for  not  exceeding  one  year  thereafter,  every  commissary 
of  subsistence,  of  whatever  rank,  who  shall  be  assigned  to  the  duty  of  purchas- 
ing and  shipping  subsistence  supplies  at  important  depots,  shall  have  the  rank 
next  above  that  held  by  him  and  not  above  colonel,  but  the  number  so  assigned 
shall  only  be  such  as  may  be  found  necessary,  not  exceeding  twelve;  also  that 
the  two  commissaries  of  subsistence  who  may  be  detailed  as  assistants  to  the 
Commissary-General  of  Subsistence,  shall  have  the  rank  of  colonel:  Provided, 
That  when  any  such  officer  is  relieved  from  said  duty,  his  temporary  rank,  pay, 
and  emoluments  shall  cease,  and  he  shall  return  to  his  lineal  rank  in  the 
Department." 

These  statutes  were  repealed  by  section  11,  act  of  March  2,  1899  (30  Stat. 
979).  For  the  volunteer  subsistence  staff,  see  the  act  of  March  2,  1899  (30 
id.,  979).  See,  also,  the  Act  of  Apr.  25,  1914  (Pub.  No.  90,  38  Stat.  — ),  to 
provide  for  raising  the  volunteer  forces  of  the  United  States  in  time  of  actual 
or  threatened  war. 

1  For  provision  governing  filling  of  vacancies  in  the  Quartermaster  Corps,  and 
providing  that  when  the  vacancy  occurs  in  a  grade  not  above  that  of  colonel 
it  shall  be  filled,  if  possible,  by  the  promotion  of  an  officer  who  would  have  been 
entitled  to  promotion  to  that  particular  vacancy  if  the  consolidation  of  the 
departments  had  not  occurred,  see  paragraph  495,  ante. 

2  Section  17  of  the  act  of  February  2,  1901,  contained  a  provision  excepting 
vacancies  caused  by  that  enactment  from  the  operation  of  this  section.     Such 
vacancies  are  filled  by  the  President  under  his  constitutional  power  to  appoint, 
as  modified  by  the  acts  of  August  6,  1894  (28  Stat.  234),  February  2,  1901  (sec. 
17),  and  the  act  of  March  3,  1901. 


234  MILITARY   LAWS   OF   THE   UNITED   STATES. 

583.  Same  —  Details,  grade.  —  Such  details  shall  be  made  from  the 
grade  in  which  the  vacancies  exist,  under  such  system  of  examina- 
tion as  the  President  may,  from  time  to  time,  prescribe.1     Id. 

POST    COMMISSARY-SERGEANTS.2 

584.  Same  —  Post  commissary  -sergeants.  —  The  Secretary  of  War  is 
authorized  to  select  from  the  sergeants  of  the  line  of  the  Arni}^  who 
shall  have  faithfully  served  therein  five  years,  three  years  of  which 
in   the   grade   of   noncommissioned   officers,   as   many   commissary- 
sergeants  as  the  service  may  require,  not  to  exceed  one  for  each  mili- 
tary post  or  place  of  deposit  of  subsistence  supplies,  whose  duty  it 
shall  be  to  receive  and  preserve  the  subsistence  supplies  at  the  posts, 
under  the  direction  of  the  proper  officers  of  the  Subsistence  Depart- 
ment, and  under  such  regulations  as  shall  be  prescribed  by  the  Secre- 
tary of  War.     The  commissary-sergeants  hereby  authorized  shall  be 
subject  to  the  rules  and  articles  of  war,  and  shall  receive  for  their 
services  the  same  pay  and  allowances  as  ordnance-sergeants.3     Sec. 

,  R.  S. 


1  For  regulations  respecting  details  to  the  staff  see  the  articles  so  entitled  in 
the  chapter  relating  to  the  staff  departments. 

Civil  employees.  —  The  employment  of  civilians  in  the  Subsistence  Department 
is  regulated  by  the  annual  acts  of  appropriation.  The  amount  to  be  expended 
for  such  services  was  fixed  at  $105,000  in  the  acts  of  March  3,  1883,  July  5, 
1884,  March  3,  1885,  and  June  30,  1886;  at  $110.000  by  the  acts  of  February  9, 
1887,  September  22,  1888,  March  2,  1889,  June  13,  1890,  February  24,  1891,  July 
16,  1892,  and  February  27,  1893,  and  at  $100,000  by  the  acts  of  August  6,  1894, 
February  12,  1895,  and  March  16,  1896. 

For  provision  replacing  civilian  employees  of  the  Quartermaster  Corps  with 
master  electricians,  first-class  sergeants,  sergeants,  corporals,  first-class  pri- 
vates, and  privates  of  the  Quartermaster  Corps,  see  paragraph  505,  ante. 

*  For  provision  that  post  commissary  sergeants  shall  hereafter  be  known  as 
quartermaster  sergeants  of  the  Quartermaster  Corps,  see  paragraph  496,  ante. 

3  For  regimental  commissary-sergeants  of  cavalry,  see  section  2,  act  of  Febru- 
ary 2,  1901  (31  Stat.  748)  ;  for  regimental  commissary-sergeants  of  infantry, 
see  section  10  of  the  same  enactment.  The  act  of  June  30,  1882  (22  Stat.  123), 
authorizes  the  detail  of  one  commissary-sergeant  to  act  as  assistant  to  the  com- 
missary of  cadets  at  the  Military  Academy.  By  General  Orders  No.  17, 
A.  G.  O.,  of  February  16,  1900,  the  number  of  post  commissary-sergeants  was 
fixed  at  165;  by  General  Orders  No.  59,  A.  G.  O.,  of  May  3,  1900,  the  number 
was  increased  to  200.  General  Orders  No.  1,  A.  G.  O.,  of  1900,  contains  the 
requirement  that  "  at  military  posts  and  stations  and  in  the  field  the  regimental 
commissaries  and  regimental  commissary-sergeants  of  cavalry  and  infantry 
legiments  will  perform  the  necessary  work  of  their  respective  offices  in  the  sub- 
sistence department  at  the  stations  of  the  headquarters  of  their  regiments,  and 
no  commissary-sergeants  of  the  general  staff  will  be  assigned  to  posts  at  which 
there  is  a  regimental  headquarters,  except  under  unusual  conditions." 

Section  1142,  Revised  Statutes,  provides  for  the  selection  of  commissary  ser- 
geants from  among  the  sergeants  of  the  line  who  have  served  faithfully  therein 
for  five  years,  three  of  which  shall  have  been  in  the  grade  of  noncommissioned 
officer.  The  act  of  July  5,  1884  (23  Stat.  109),  provides  for  the  appointment  of 
post  quartermaster  sergeants  upon  the  recommendation  of  the  Quartermaster 
General,  the  same  to  be  selected  by  examination  from  among  the  most  com- 
petent enlisted  men  of  the  Army  having  at  least  four  years'  service,  and  whose 
character  and  education  shall  be  such  as  to  fit  them  to  take  charge  of  public 
property  and  to  act  as  clerks  and  assistants  to  post  and  other  quartermasters. 
Commissary  sergeants  were  afterwards  by  law  designated  as  post  commissary 


MILITARY   LAWS   OF   THE   UNITED   STATES.  235 

585.  Same — Increase  in  number  of. — Two  hundred  post  commis- 
sary-sergeants, at  four  hundred  and  eight  dollars  each,  eighty-one 
thousand  six  hundred  dollars.    Act  of  Apr.  23, 1904  (33  Stat.  261}. 

586.  Duties  to  make  purchases  and  issues? — It  shall  be  the  duty 
of  the  officers  of  the  Subsistence  Department,  under  the  direction  of 
the  Secretary  of  War,  to  purchase  and  issue  to  the  Army  such  sup- 
plies as  enter  into  the  composition  of  the  ration.     Sec.  1141,  R.  S. 

SUBSISTENCE  STORES. 

587.  Same — Sales  to  officers  and  enlisted  men. — The  officers  of  the 
Subsistence  Department  shall  procure  and  keep  for  sale  to  officers 
and  enlisted  men  at  cost  prices,  for  cash  or  on  credit,  such  articles  as 
may  from  time  to  time  be  designated"  by  the  inspectors-general  of  the 
Army.     An  account  of  all  sales  on  credit  shall  be  kept,  and  the 
amounts  due  for  the  same  shall  be  reported  monthly  to  the  Pay- 
master-General.2   Sec.  H44-,  ft*  $• 

588.  Same — Sale  to  officers  and  enlisted  men  of  Navy  and  Marine 
Corps. — That  the  officers  and  the  enlisted  men  of  the  Navy  and  the 
Marine  Corps  shall  be  permitted  to  purchase  subsistence  supplies  at 
the  same  price  as  is  charged  the  officers  and  the  enlisted  men  of  the 

sergeants  and  included  in  the  Subsistence  Department,  and  post  quartermaster 
sergeants  were  by  law  incorporated  into  the  Quartermaster's  Department.  Sec- 
tion 3  of  the  Army  appropriation  act  of  August  24,  1912  (37  Stat.  591),  con- 
solidates the  Quartermaster's,  Subsistence,  and  Pay  Departments  of  the  Army 
into  a  single  corps,  to  be  known  as  the  Quartermaster  Corps,  and  changes  the 
designations  of  post  commissary  sergeants  and  post  quartermaster  sergeants  to 
quartermaster  sergeants.  It  provides  also  that  the  duties  now  required  by 
law  to  be  performed  by  officers  of  said  several  departments  shall  hereafter  be 
performed  by  such  officers  of  the  Quartermaster  Corps  as  the  Secretary  of  War 
may  designate  for  that  purpose.  Held,  that  the  consolidation  of  said  depart- 
ments into  a  single  corps  and  the  changing  of  the  designation  of  said  sergeants 
to  that  of  quartermaster  sergeant  did  not  repeal  the  requirements  regarding  the 
appointment  of  said  sergeants,  respectively,  and  that  in  filling  the  position  of 
quartermaster  sergeant  in  the  consolidated  corps  the  requirements  of  both  of 
said  statutes  with  respect  to  the  qualifications  and  methods  of  selection  should 
be  observed,  adopting  the  higher  qualifications  and  observing  the  more  restricted 
field  of  selection  when  the  two  statutes  contain  different  provisions  upon  the 
subject.  (Bulletin  No.  1,  Dig.  Opins.,  J.  A.  G.,  Jan.  20,  1913.) 

1  For  provision  that  such  duty  or  duties  as  are  now  required  by  law  to  be 
performed  by  any  officer  or  officers  of  the  Quartermaster's,  Subsistence,  or  Pay 
Departments  shall   hereafter  be  performed  by   such  officer  or  officers  of  the 
Quartermaster  Corps  as  the  Secretary  of  War  may  designate  for  the  purpose, 
see  paragraph  500,  ante. 

For  provision  that  regimental,  battalion,  and  squadron  commissary  sergeants 
shall,  in  the  discretion  of  the  Secretary  of  War,  be  required  to  perform  any 
duties  that  noncommissioned  officers  or  pay  clerks  of  the  Quartermaster  Corps 
may  properly  be  required  to  perform,  see  paragraph  406,  ante. 

For  definition  of  subsistence  stores  in  bulk,  and  regulations  governing 
authorized  issues  and  sales  of  same,  see  paragraphs  1194-1201,  A.  R.,  1913. 

For  general  provisions  ivspiM-ting  the  procurement  of  supplies,  see  the  chapter 
entitled  contracts  and  purchases. 

2  For  provisions  that  the  purchase  of  all  supplies,  except  in  cases  of  emer- 
gency or  where  it  is  impracticable  to  secure  competition,  shall  only  be  made 
after  advertisement,  etc.,  see  chapter  on  contracts  and  purchases,  paragraph 
— ,  post- 


236  MILITARY   LAWS   OF   THE   UNITED   STATES. 

Army;  and  the  officers  and  the  enlisted  men  of  the  Army  shall  be 
permitted  to  purchase  subsistence  supplies  from  the  Navy  and  Marine 
Corps  at  the  same  price  as  is  charged  the  officers  and  the  enlisted 
men  of  the  Navy  and  Marine  Corps.  Act  of  Apr.  27,  1914  (38 
8 tat.  361). 

589.  Same — Sales  of  exceptional  articles. — Hereafter  exceptional 
articles  of  subsistence  stores  for  officers  and  enlisted  men,  which  are 
to  be  paid  for  by  them,  regardless  of  condition  upon  arrival  at  posts, 
may,  under  regulations  to  be  prescribed  by  the  Secretary  of  War,  be 
obtained  by  open  purchase  without  advertising.    Act  of  Feb.  12, 1895 
(28  Stat.658}. 

590.  Same — Issues  to  seamen  and  marines. — The  officers  of  the 
Subsistence  Department  shall,  upon  the  requisition  of  the  naval  or 
marine  officer  commanding  any  detachment  of  seamen  or  marines 
under  orders  to  act  on  shore,  in  cooperation  with  the  land  troops,  and 
during  the  time  such  detachment  is  so  acting  or  proceeding  to  act, 
furnish  rations  to  the  officers,  seamen,  and  marines  of  the  same.    Sec. 
1143,  R.  S. 

591.  Saine — Purchasing  officers  not  to  trade  in  articles  of  sub- 
sistence.— No  officer  belonging  to  the   Subsistence  Department,   or 
doing  the  duty  of  a  subsistence  officer,  shall  be  concerned,  directly  or 
indirectly,  in  the  purchase  or  sale  of  any  article  entering  into  the  com- 
position of  the  ration  allowed  to  troops  in  the  service  of  the  United 
States,  or  of  any  article   designated  by  the  inspectors-general   of 
the  Army,  and  furnished  for  sale  to  officers  and  enlisted  men  at 
cost  prices,  or  of  tobacco  furnished  for  sale  to  enlisted  men,  except 
on  account  of  the  United  States;  nor  shall  any  such  officer  take  or 
apply  to  his  own  use  any  gain  or  emolument   for  negotiating  or 
transacting  any  business  connected  with  the  duties  of  his  office,  other 
than  that  which  may  be  allowed  by  law.    Sec.  1150,  R.  S. 

DUTIES. 

592.  Same — May  keep,  at  their  own  risk,  in  their  personal  posses- 
sion,  restricted  amounts   for  disbursement. — Hereafter   officers   in- 
trusted with  the  disbursement  of  funds  for  the  subsistence  of  the 
Army  are  hereby  authorized  to  keep,  at  their  own  risk,  in  their 
personal   possession   for  disbursement,   such   restricted   amounts   of 
subsistence   funds  for   facilitating  payments  of   small   amounts   to 
public  creditors  as  shall  from  time  to  time  be  authorized  by  the  Sec- 
retary of  War.    Act  of  Mar.  2, 1907  (34  Stat.  1166). 

593.  Ration — President  to  prescribe  components. — The  President 
is  hereby  authorized  to  prescribe  the  kinds  and  quantities  of  the 
component  articles  of  the  army  ration,  and  to  direct  the  issue  of 
substitutive  equivalent  articles  in  place  of  any  such  components  when- 


MILITARY   LAWS   OF    THE   UNITED   STATES.  237 

ever,  in  his  opinion,  economy  and  due  regard  to  the  health  and  com- 
fort of  the  troops  may  so  require.1  Sec.  40,  Act  of  Feb.  2,  1901  (31 
Stat.  758). 

594.  Same — Special,  for  soldiers  recovering  from  ill  health,  etc. — 
For  difference  between  the  cost  of  the  ration  at  twenty -five  cents  and 
the  cost  of  rations  differing  in  whole  or  in  part  from  the  ordinary 
ration,  to  be  issued  to  enlisted  men  in  camp  in  the  United  States 
during  periods  of  recovery  from  low  conditions  of  health   conse- 
quent upon  service  in  unhealthy  regions  or  in  debilitating  climates 
(to  be  expended  only  under  special  authority  of  the  Secretary  of 
War)  ;  and  for  ice  to  organizations  of  enlisted  men  stationed  at  such 
places  as  the  Secretary  of  War  may  determine;  in  all,  seven  million 
dollars,  to  be  expended  under  the  direction  of  the  Secretary  of  War, 
and  accounted  for  as  "  Subsistence  of  the  Army,"  and  for  that  pur- 
pose to  constitute  one  fund.2     Act  of  Apr.  23, 1904  ($3  Stat.  268). 

595.  Same — Emergency,  when  issued,  to  be  in  addition  to  regu- 
lar.— Hereafter  the  emergency  ration  prescribed  for  use  on  emergent 
occasions  shall,  when  issued,  be  furnished  in  addition  to  the  regular 
ration  under  such  regulations  as  may  be  prescribed  by  the  Secretary 
of  War.    Act  of  Mar.  2, 1907  (34  Stat.  1165). 

596.  Same — Enlisted  men  to  receive  per  day. — Enlisted  men  shall 
be  entitled  to  receive  one  ration  daily.3    Sec.  1293,  R.  S. 

597.  Same — No  enlisted  man  to  receive  more  than  one  per  day. — 
Hereafter  no  enlisted  man  shall  be  entitled  to  more  than  one  ration 
daily.*    Act  of  July  16, 1892  (27  Stat.  178). 

598.  Same — Hospital  matrons,  members  of  female  nurse  corps,  and 
nurses  employed  in  post  and  regimental  hospitals,  one. — Hospital 

1  This  enactment  replaces  the  requirement  of  section  1146,  Revised  Statutes, 
which  authorized  the  President  to  "  make  such  alterations  in  the  component 
parts  of  the  ration  as  a  due  regard  to  the  health  and  comfort  of  the  Army  and 
economy  may  require." 

See  paragraph  1205,  Army  Regulations,  1913,  for  the  kinds  and  quantities  of 
articles  composing  the  Army  ration  and  the  substitutive  equivalent  articles 
which  may  be  issued  in  place  of  such  components.  The  tables  show  the  garri- 
son ration,  the  field  ration,  and  the  travel  ration. 

2  On  the  subject  of  rations,  see  General  Orders  57,  War  Department,  1910. 

3  Issues  to  civilians. — For  regulations  relative  to  issue  of  rations  to  civilian 
employees,  see  section  5,  paragraph  733,  and  paragraphs  1211  and  1213,  A.  R., 
1913. 

Private  persons  not  connected  with  the  Army  are  not  entitled  to  be  subsisted 
at  the  expense  of  the  United  States,  either  while  in  quarantine  hospitals  or 
otherwise.  (5  Comp.  Dec.,  191.) 

A  civilian  employee  of  the  Army  engaged  to  accompany  a  scientific  expedition 
at  a  salary  of  $125  per  month  is  not  entitled  to  subsistence,  but,  like  a  commis- 
sioned officer,  must  subsist  himself.  (Herendeen  v.  U.  S.,  28  Ct.  Cls.,  348.) 

4  Under  General  Orders  No.  73,  A.  G.  O.,  of  1879,  an  officer  of  the  Army  to 
whom  a  sum  of  money  has  been  advanced  for  supplying  enlisted  men  with 
liquid  coffee  for  the  estimated  number  of  days'  travel  at  the  rate  of  21  cents 
per  day  each  while  traveling,  is  authorized  to  turn  over  to  the  company  com- 
manders for  the  benefit  of  the  company  funds  any  balance  of  such  sum  remain- 
ing unexpended  at  the  end  of  the  travel.     (6  Comp.  Dec.,  369.) 


238  MILITARY   LAWS   OF   THE   UNITED   STATES. 

matrons  and  the  nurses  employed  in  post  or  regimental  hospitals 
|  and  members  of  the  female  nurse  corps]  shall  be  entitled  to  receive 
one  ration  daily.  Sec.  1295,  R.  S.,  as  amended  by  sec.  19,  Act  of  Feb. 
2,1901  (31  Stat.753}. 

599.  Same — President  may  authorize  issuance  of  to  Indians  at 
military  posts. — The  President  is  authorized  to  cause  such  rations  as 
he  deems  proper,  and  as  can  be  spared  from  the  army  provisions 
without  injury  to  the  service,  to  be  issued  under  such  regulations  as 
he  shall  think  fit  to  establish,  to  Indians  who  may  visit  the  military 
posts  or  agencies  of  the  United  States  on  the  frontiers,  or  in  their 
respective  nations,  and  a  special  account  of  these  issues  shall  be  kept 
and  rendered.1    Sec.  2110,  R.  S. 

600.  Same — Of  sugar  and  coffee,  when  issued  in  kind,  to  be  issued 
weekly. — The  ration  of  sugar  and  coffee  where  issued  in  kind,  shall, 
when  the  convenience  of  the  service  permits,  be  issued  weekly.     Sec. 
1148,  R.  S. 

601.  Same — May  be  commuted  to  extract  of  coffee. — The  Secre- 
tary of  War  may  commute  the  ration  of  coffee  and  sugar  for  the  ex- 
tract of  coffee  combined  with  milk  and  sugar,  if  he  shall  believe  such 
commutation  to  be  conducive  to  the  health  and  comfort  of  the  Army, 
and  not  to  be  more  expensive  to  the  Government  than  the  present 
ration ;  provided  the  same  shall  be  acceptable  to  the  men.     Sec.  11 ^7, 
R.  S. 

602.  Same — Commutation  of. — For  each  ration  of  sugar  and  coffee 
not  issued,  nor  commuted  for  the  extract  of  coffee  combined  with 
milk  and  sugar,  enlisted  men  shall  be  paid  in  money.2     Sec.  1294, 
R.  S. 

603.  Same — To  be  made  at  cost. — Hereafter  all  sales  of  subsistence 
supplies  to  officers  and  enlisted  men  shall  be  made  at  cost  price  only ; 

1  Former  editions  of  the  Army  Regulations  provided  that  small  quantities  of 
food  (articles  of  the  ration)  may,  on  the  order  of  the  commanding  officer,  be 
issued  to  Indians  visiting  a  military  post,  but  the  present  regulations  provide 
that  supplies,  stores,  and  property  of  any  kind  procured  out  of  Army  appro- 
priations will  not  be  transferred,  in  any  way  or  under  any  circumstances,  for 
the  use  of  Indians  except  under  authority  first  obtained  from  the  Secretary 
of  War. 

2  Commutation  in  the  military  or  naval  service  is  money  paid  in  substitution 
of  something  to  which  an  officer,  soldier,  or  sailor  is  entitled.     Commutation, 
being  regulated  by  statutes  and  regulations,  can  not  be  allowed  by  inferior 
authority.    The  principle  which  governs  the  commutation  of  rations  in  lieu  of 
subsistence  is  that  commutation  will  not  be  allowed  where  subsistence  in  kind 
is  provided  by  the  Government.     (Jaekle  v.  U.  S.,  28  Ct.  Cls.,  133.) 

For  regulations  governing  the  commutation  of  rations,  see  pars.  1223-1238, 
A.  R.,  1913. 

A  claim  for  commutation  of  rations  on  furlough  can  not  be  allowed  without 
the  production  of  the  furlough  issued,  or  other  satisfactory  evidence  that  pay- 
ment has  not  been  made.  The  burden  of  proof  rests  upon  the  claimant  to  estab- 
lish the  validity  of  his  claim  by  something  more  than  his  unsupported  state- 
ments. (1  Comp.  Dec.,  513.) 

A  soldier  who  has  been  granted  a  furlough  to  expire  upon  the  arrival  of  his 
regiment  in  the  United  States,  is  entitled  to  commutation  of  rations  until  he 
receives  notice  of  its  arrival  and  for  a  time  thereafer  sufficient  to  enable  him  to 
join  it.  (5  Comp.  Dec.,  941.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  239 

and  the  cost  price  of  each  article  shall  be  understood,  in  all  cases 
of  such  sales,  to  be  the  invoice  price  of  the  last  lot  of  that  article 
received  by  the  officer  making  the  sale  prior  to  the  first  day  of  the 
month  in  which  the  sale  is  made.1  Act  of  July  5, 1884  (®$  Stat.  108). 

604.  Same — To  another  bureau  or  department. — Hereafter  when 
under  the  Army  Regulations  subsistence  supplies  are  furnished  to 
another  bureau  of  the  War  Department,  or  to  another  executive 
department  of  the  Government  or  employees  thereof,  payment  there- 
for shall  be  made  in  cash  by  the  proper  disbursing  officer  of  the 
bureau,  office,  or  department  concerned,  or  by  the  employee  to  whom 
the  sale  is  made.     When  the  transaction  is  between  two  bureaus  of 
the  War  Department  the  price  to  be  charged  shall  be  the  contract 
or  invoice  price  of  the  supplies.    ^When  the  transaction  is  between 
the  Subsistence  Department  and  another  executive  department  of 
the  Government  or  employees  thereof,  the  price  to  be  charged  shall 
include  the  contract  or  invoice  price  and  ten  per  centum  additional 
to  cover  wastage  in  transit,  and  the  cost  of  transportation.     Act  of 
Mar.  3,  1911  (36  Stat.  1047). 

605.  Same — Of  rations  to  officers  in  field. — Commissioned  officers 
of  the  Army,  serving  in  the  field,  may  purchase  rations  for  their 
own  use,  from  any  commissary  of  subsistence,  on  credit,  at  cost 
prices;  and  the  amounts  due  for  such  purchases  shall  be  reported 
monthly  to  the  Paymaster-General.2    Sec.  1145)  R>  S. 

"Under  the  act  of  March  3,  1875  (18  Stat.  410),  the  proceeds  of  all  sales  of 
subsistence  supplies  are  exempt  from  being  covered  into  the  Treasury,  and  are 
immediately  available  for  the  purchase  of  fresh  supplies.  (3  Dig.  2d  Comp. 
Dec.,  par.  1259.) 

Under  the  act  of  March  3,  1875  (18  Stat.  410),  the  proceeds  of  all  sales  of 
subsistence  supplies,  being  exempt  from  being  covered  into  the  Treasury,  revert 
to  the  appropriation  "  Subsistence  of  the  Army,"  out  of  which  they  were 
originally  expended,  and  are  applicable  to  the  purpose  for  which  they  are 
appropriated  by  law,  namely,  the  purchase  of  fresh  supplies  only  during  the 
fiscal  year  for  which  the  appropriation  to  which  they  revert  is  available,  for 
which  purpose  they  are  immediately  available  without  the  intervention  of  a 
repay  warrant.  (Id.) 

The  subsistence  supplies  contemplated  by  the  provision  of  the  act  of  March 
3,  1875  (18  Stat.  410),  declaring  the  proceeds  of  all  sales  of  such  supplies  im- 
mediately available  for  the  purchase  of  fresh  supplies,  comprise  not  only  the 
supplies  dernoninated  "  subsistence  stores,"  but  also  the  necessary  means  for 
handling,  preserving,  issuing,  selling,  and  accounting  for  these  supplies,  as 
tools,  scales,  measures,  utensils,  stationery,  safes,  office  furniture,  etc.  (Id. 
1336.) 

2  The  acts  of  June  23,  1879,  and  May  4,  1880,  contained  the  requirement  that 
10  per  cent  of  the  cost  price  should  be  added  to  the  cost  of  all  stores  (except 
tobacco)  sold  to  officers  and  enlisted  men,  to  cover  wastage,  transportation,  and 
other  incidental  charges  (21  Stat.  32,  111).  This  provision  w;is  repealed  by 
the  act  of  July  5,  1884,  above  cited.  To  a  civilian  employed  with  the  Army 
at  a  remote  place,  where  food  can  not  otherwise  be  procured,  stores  will  be 
sold  for  cash,  in  limited  quantities,  for  his  own  use,  at  invoice  or  contract 
prices.  (Par.  1245,  A.  R.,  1913.)  The  amounts  due  for  such  sales  to  be  de- 
ducted from  the  next  payment  to  the  officer  or  enlisted  man.  (See  paragraphs 
692,  and  725,  post.) 

For  statutory  regulation  of  the  purchase  of  exceptional  articles  of  subsistence 
see  the  act  of  February  12,  1895  (28  Stat.  658).  Paragraph  589,  ante.) 


240  MILITARY   LAWS   OF  THE   UNITED   STATES. 

606.  Same — Of  tobacco  to  enlisted  men.— Tobacco  shall  be  fur- 
nished to  the  enlisted  men  by  the  commissaries  of  subsistences,  at 
cost  prices,  exclusive  of  the  cost  of  transportation,  in  such  quantities 
as  they  may  require,  not  exceeding  sixteen  ounces  per  month.     Sec. 
1149,  R.  S. 

607.  Same — To  be  immediately  available. — So  much  of  the  appro- 
priation for  subsistence  of  the  Army  as  may  be  necessary  may  be 
applied  to  the  purchase  of  subsistence  stores  for  sale  to  officers  for 
the  use  of  themselves  and  their  families,  and  to  commanders  of  com- 
panies or  other  organizations,  for  the  use  of  the  enlisted  men  of 
their  companies  or  organizations  and  the  proceeds  of  all  sales  of 
subsistence  supplies  shall  hereafter  be  exempt  from  being  covered 
into  the  Treasury  and  shall  be  immediately  available  for  the  pur- 
chase of  fresh  supplies.1     Act  of  Mar.  3,  1875  (18  Stat.  410). 

608.  Same — Statement  of  proceeds  not  to  ~be  reported  to  the  Secre- 
tary of  Treasury. — That  hereafter  the  provisions  of  section  five  of 
the  act  of  June  thirtieth,  nineteen  hundred  and  six 2  (Thirty- fourth 
Statutes,  page  seven  hundred  and  sixty-three),  shall  not  be  con- 
strued to  apply  to  the  Subsistence  Department.     Act  of  Aug.  %4? 
1912  (37  Stat.  579). 

609.  Same — Proceeds  of  sales  of,  disposition  of. — That  hereafter 
all  moneys  arising  from  sales  of  subsistence  supplies  or  stores,  au- 

1  Under  the  act  of  March  3,  1875  (18  Stat.  410),  the  proceeds  of  all  sales  of 
subsistence  supplies  are  exempt  from  being  covered  into  the  Treasury,  and  are 
immediately  available  for  the  purchase  of  fresh  supplies.  (3  Dig.  2d  Comp. 
Dec.,  par.  1259.) 

Under  the  act  of  March  3,  1875  (18  Stat.  410),  the  proceeds  of  all  sales  of 
subsistence  supplies,  being  exempt  from  being  covered  into  the  Treasury,  revert 
to  the  appropriation  "  Subsistence  of  the  Army,"  out  of  which  they  were  orig- 
inally expended,  and  are  applicable  to  the  purpose  for  which  they  are  appro- 
priated by  law,  namely,  the  purchase  of  fresh  supplies  only  during  the  fiscal 
year  for  which  the  appropriation  to  which  they  revert  is  available,  for  which 
purpose  they  are  immediately  available  without  the  intervention  of  a  repay 
warrant.  (Id.) 

The  subsistence  supplies  contemplated  by  the  provision  of  the  act  of  March  3, 
1875  (18  Stat.  410),  declaring  the  proceeds  of  all  sales  of  such  supplies  imme- 
diately available  for  the  purchase  of  fresh  supplies,  comprise  not  only  the  sup- 
plies denominated  "  subsistence  stores,"  but  also  the  necessary  means  for 
handling,  preserving,  issuing,  selling,  and  accounting  for  these  supplies,  as  tools, 
scales,  measures,  utensils,  stationery,  safes,  office  furniture,  etc.  (Id.  1336.) 

2 These  provisions  are  as  follows:  Hereafter  the  Secretary  of  the  Treasury 
shall  require,  and  it  shall  be  the  duty  of  the  head  of  each  executive  department 
or  other  Government  establishment  to  furnish  him,  within  30  days  after  the 
close  of  each  fiscal  year,  a  statement  of  all  money  arising  from  proceeds  of 
public  property  of  any  kind  or  from  any  source  other  than  the  Postal  Service, 
received  by  said  head  of  department  of  other  Government  establishment  during 
the  previous  fiscal  year  for  or  on  account  of  the  public  service,  or  in  any  other 
manner  in  the  discharge  of  his  official  duties  other  than  as  salary  or  compensa- 
tion, which  was  not  paid  into  the  General  Treasury  of  the  United  States,  to- 
gether with  a  detailed  account  of  all  payments,  if  any,  made  from  such  funds 
during  such  year.  All  such  statements,  together  with  a  similar  statement 
applying  to  the  Treasury  Department,  shall  be  transmitted  by  the  Secretary  of 
the  Treasury  to  Congress  at  the  beginning  of  each  regular  session.  Sec.  5, 
act  of  June  30,  1906  (34  Stat.  763). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  241 

thorized  by  law  and  regulations,  shall  be  covered  into  the  Treasury 
to  the  credit  of  the  proper  appropriation  and  shall  remain  available 
throughout  the  fiscal  year  following  that  in  which  the  sales  were 
effected,  for  the  purposes  of  that  appropriation  from  which  such  sup- 
plies or  stores  were  authorized  to  be  supplied  at  the  time  of  the  sales. 
Act  of  Apr.  27,  1914  (38  Stat.  361). 

610.  Line  officers  shall  superintend  cooking  for  enlisted  men. — 
The  line  officers  of  the  Army  shall  superintend  the  cooking  done  for 
the  enlisted  men.1    Sec.  1234,  R-  S- 

611.  Commutation  of  rations  to  enlisted  men  on  furlough,  etc. — 
For  the  payment  of  the  regulation  allowances  for  commutation  of 
rations  in  lieu  of  rations :  To  enlisted  men  on  furlough ;  to  ordnance- 
seregeants  on  duty  at  ungarrisoned^posts ;  to  enlisted  men  and  male 
and  female  nurses  stationed  at  places  where  rations  in  kind  can  not 
be  economically  issued;  to  enlisted  men  traveling  on  detached  duty 
when  it  is  impracticable  to  carry  rations  of  any  kind;  to  enlisted 
men  selected  to  contest  for  places  or  prizes  in  department  and  army 
rifle  competitions  while  traveling  to  and  from  places  of  contests; 
and  to  male  and  female  nurses  on  leaves  of  absence,  to  be  expended 
under  the  direction  of  the  Secretary  of  War.     Act  of  Mar.  2,  1901 
(31  Stat.  904). 

612.  Same — For  members  of  female  nurse  corps,  etc. — For  pay- 
ment of  commutation  of  rations  in  lieu  of  the  regular  established 
ration  for  members  of  the  Nurse  Corps  (female)  while  on  duty  in 
hospital,  and  for  enlisted  men,  applicants  for  enlistment  held  under 
observation,  and  general  prisoners  sick  therein,  at  the  rate  of  thirty 
cents  per  ration  (except  that  at  the  General  Hospital  at  Fort  Bayard, 
New  Mexico,  fifty  cents  per  ration  is  authorized  for  enlisted  patients 
in  said  hospital)   to  be  paid  to  the  surgeon  in  charge,     *     *     * 
dollars.    Act  of  Mar.  2, 1907  (34  Stat.  1166). 

(See  General  Orders  57,  War  Department,  1910.) 

THE  PAY  DEPARTMENT. 

613.  Organization. — The  Pay  Department  shall  consist  of  one  Pay- 
master-General with  the  rank  of  brigadier-general,  three  assistant 

1  Section  1233,  Revised  Statutes,  which  required  cooks  to  be  detailed,  in  turn, 
from  the  privates  of  each  company  was  repealed  by  the  act  of  June  29,  1879 
(20  Stat.,  ch.  24,  p.  276).  (See  G.  O.  94,  A.  G.  O.,  1898.)  The  act  of  July  7, 
1898  (30  Stat.  721),  authorized  the  enlistment  of  one  cook  in  each  company  in 
the  military  establishment.  Such  cook  was  to  have  the  rank  and  receive  the 
pay  of  a  corporal.  This  statute  was  replaced  by  the  act  of  March  2,  1899  (30 
Stat.  977),  which  authorized  two  cooks  to  be  enlisted  in  each  troop  of  cavalry, 
battery  of  artillery,  and  company  of  infantry  of  the  Regular  and  Volunteer 
establishments.  By  section  9  of  the  act  of  March  2,  1899,  the  cooks  so  enlisted 
were  to  have  the  pay  of  sergeants  of  infantry.  That  medical  officers  shall  unite 
with  officers  of  the  line  in  superintending  the  cooking  done  by  enlisted  men. 
(See  par.  743,  post.) 

48085°— 15 16 


242  MILITAKY   LAWS   OF   THE   UNITED  STATES. 

paymasters-general  with  the  rank  of  colonel,  four  deputy  paymasters- 
general  with  the  rank  of  lieutenant-colonel,  twenty  paymasters  with 
the  rank  of  major,  and  twenty-five  paymasters  with  the  rank  of 
captain  mounted.1  Sec.  21,  Act  of  Feb.  2,  1901  (31  Stat.  754). 

614.  Same — Additional. — When  volunteers  or  militia  are  called 
into  the  service  of  the  United  States,  and  the  officers  of  the  Paymas- 
ter's Department  are  not  deemed  by  the  President  sufficient  for  the 
punctual  payment  of  the  troops,  he  may  appoint,  by  and  with  the 
advice  and  consent  of  the  Senate,  and  add  to  said  corps  as  many 
paymasters,  to  be  called  additional  paymasters  with  the  rank  of 
major,  not  exceeding  one  for  every  two  regiments  of  volunteers  or 
militia,  as  he  may  deem  necessary.    Sec.  118^  R.  S. 

615.  Same — Service  to  ~be  temporary. — Additional  paymasters  shall 
be  retained  in  service  only  so  long  as  they  may  be  required  for  the 
payment  of  volunteers  and  militia,  as  provided  herein.     Sec.  1185 
R.S. 

616.  Sam,e — Promotions  and  transfers. — So  long  as  there  remain 
any  officers  holding  permanent  appointments  in  the    *     *     *     Pay 
Department     *     *     *     including  those  appointed  to  original  vacan- 
cies in  the  grades  of  captain  and  first  lieutenant  under  the  provisions 
of  sections  sixteen,  seventeen,  twenty-one,  and  twenty-four  of  this 
act,  they  shall  be  promoted  according  to  seniority  in  the  several 
grades,  as  now  provided  by  law,  and  nothing  herein  contained  shall 
be  deemed  to  apply  to  vacancies  which  can  be  filled  by  such  promo- 
tions, or  to  the  periods  for  which  the  officers  so  promoted  shall  hold 
their  appointments.2    Sec.  86,  Act  of  Feb.  <2, 1901  (31  Stat.  755). 

'Sectional  of  the  act  of  February  2,  1901  (31  Stat.  754),  contains  the  re- 
quirement that  "  all  vacancies  in  the  grade  of  colonel  and  lieutenant-colonel 
created  or  caused  by  this  section  shall  be  filled  by  promotion  according  to 
seniority,  as  now  prescribed  by  law,  and  no  more  appointments  to  the  grade 
of  major  and  paymaster  shall  be  made  until  the  number  of  majors  and  pay- 
masters  is  reduced  below  twenty :  And  provided,  That  persons  who  have  served 
in  the  Volunteer  Army  since  April  twenty-first,  eighteen  hundred  and  ninety- 
eight,  as  additional  paymasters  may  be  appointed  to  positions  in  the  grade 
of  captain  created  by  this  section.  So  long  as  there  remain  surplus  majors 
an  equal  number  of  vacancies  shall  be  held  in  the  grade  of  captain,  so  that  the 
total  number  of  paymasters  authorized  by  this  section  shall  not  be  exceeded 
at  any  time."  For  requirements  of  law  in  respect  to  appointments  in  this 
department  as  it  existed  prior  to  the  approval  of  the  act  of  February  2,  1901, 
see  section  7  of  the  act  of  March  2,  1899  (30  Stat.  979).  For  a  statutory  exten- 
sion of  the  field  of  selection,  as  indicated  in  section  21  of  the  act  of  February 
2,  1901,  see  the  act  of  March  2,  1901,  par.  373,  ante. 

For  provision  that  when  the  first  vacancy  in  the  grade  of  brigadier-general 
in  the  Quartermaster  Corps,  except  a  vacancy  caused  by  the  expiration  of  a 
limited  term  of  appointment,  shall  hereafter  occur  that  vacancy  shall  not  be 
filled,  but  the  office  in  which  the  vacancy  occurs  shall  immediately  cease  and 
determine,  see  paragraph  502,  ante.  (Sec.  3,  Act  of  Aug.  24,  1912,  37  Stat.  591.) 

For  provision  as  to  the  number  of  officers  in  the  grades  of  colonel,  lieutenant 
colonel,  major,  and  captain  in  the  Quartermaster  Corps,  see  paragraph  497,  ante. 

2  For  provision  governing  filling  of  vacancies  in  the  Quartermaster  Corps,  and 
providing  that  when  the  vacancy  occurs  in  a  grade  not  above  that  of  colonel 
It  shall  be  filled,  if  possible,  by  the  promotion  of  an  officer  who  would  have  been 


MILITARY   LAWS   OF    THE   UNITED   STATES.  243 

617.  Same — Details. — When  any  vacancy,  except  that  of  the  chief 
of  the  department  or  corps,  shall  occur,  which  can  not  be  filled  by 
promotion  as  provided  in  this  section,  it  shall  be  filled  by  detail  from 
the  line  of  the  Army,  and  no  more  permanent  appointments  shall  be 
made  in  these  departments  or  corps.1     Id. 

618.  Same. — Such  details  shall  be  made  from  the  grade  in  which 
the  vacancies  exist,  under  such  system  of  examination  as  the  Presi- 
dent may,  from  time  to  time,  prescribe.2     Id. 

619.  Same — Duties  of  Paymaster-General. — The  Paymaster-Gen- 
eral shall  perform  the  duties  of  his  office  under  the  direction  of  the 
President.3    Sec.  1186,  R.  S. 

620.  Same — Deputy  paymasters-general. — The  deputy  paymasters- 
general  shall,  in  addition  to  paying,  troops,  superintend  the  payment 
of  armies  in  the  field.4    Sec.  1187,  R.  S. 

621.  Sa?ne — Paymasters. — The  paymasters  and  additional  paymas- 
ters shall  pay  the  regular  troops,  and  shall  pay  all  other  troops  in 
the  service  of  the  United  States,  when  required  to  do  so  by  order  of 
President.    Sec.  1188,  R.  S. 

622.  Same — To  disburse  all  money  for  pay  of  Army. — All  the 
money  hereinbefore  appropriated  for  pay  of  the  Army  and  miscel- 
laneous, except  the  appropriation  for  mileage  of  officers  and  contract 
surgeons  when  authorized  by  law,  shall  be  disbursed  and  accounted 
for  by  officers  of  the  Pay  Department  as  pay  of  the  Army,  and  for 
that  purpose  shall  constitute  one  fund.5     Act  of  Mar.  3,  1911   (36 
Stat.  1044) . 

entitled  to  promotion  to  that  particular  vacancy  if  the  consolidation  of  the  de- 
partments had  never  occurred,  see  paragraph  495,  ante. 

For  statutory  regulations  respecting  examinations  for  promotion,  see  the  title 
examinations  for  promotion,  in  the  chapter  entitled  The  Staff  Departments. 

1  For  provisions  relative  to  filling  vacancies  in  -the  Quartermaster  Corps  by 
detail,  see  paragraphs  495,  490,  and  497,  ante. 

2  For  statutory  regulations  respecting  details  to  the  staff,  see  the  title  Details 
to  the  staff  in  the  chapter  entitled  The  Staff  Departments. 

3  For  provision  that  such  duty  or  duties  as  are  now  required  by  law  to  be 
performed  by  any  officer  or  officers  of  the  Quartermaster's,  Subsistence,  or  Pay 
Departments  shall  hereafter  be  performed  by   such  officer  or  officers  of  the 
Quatermaster  Corps  as  the  Secretary  of  War  may  designate  for  the  purpose, 
see  paragraph  500,  ante. 

*  Paymasters  of  the  Army  are  the  financial  agents  of  the  Government,  and 
their  disbursements,  represented  by  vouchers,  are  examined  and  scrutinized 
by  the  Comptroller,  whose  duty  it  is  finally  to  determine  whether  or  not  any 
particular  disbursement  shall  be  credited  to  the  officer.  In  charging  an  officer, 
or  refusing  him  credit  for  erroneous  disbursements,  the  question  of  proper 
care  invariably  enters  into  consideration  in  arriving  at  a  decision.  The  right 
to  determine  that  question  is  a  most  essential  feature  of  the  functions  of  the 
Comptroller.  (3  Dig.  2d  Comp.  Dec.,  par.  8.) 

For  provision  that  such  duty  or  duties  as  are  now  required  by  law  to  be 
performed  by  any  officer  or  officers  of  the  Quartermaster's,  Subsistence,  or  Pay 
Departments  shall  hereafter  be  performed  by  such  officer  or  officers  of  the 
Quartermaster  Corps,  as  the  Secretary  of  War  may  designate  for  the  purpose, 
see  paragraph  500,  ante. 

Tor  provision  that  such  duty  or  duties  as  are  now  required  by  law  to  be 
performed  by  any  officer  or  officers  of  the  Quartermaster's,  Subsistence,  or  Pay 


244  MILITARY   LAWS   OF   THE   UNITED   STATES. 

623.  Same — Examination  of  accounts  of  paymasters. — Hereafter 
all  the  accounts  of  individual  paymasters  shall  be  analyzed  under 
the  several  heads  of  the  appropriation  and  recorded  in  detail  by  the 
Paymaster-General  of  the  Army  before  said  accounts  are  forwarded 
to  the  Treasury  Department  for  final  audit,  and  the  Secretary  of 
War  may  hereafter  authorize  the  assignment  to  duty  in  the  office  of 
the  Paymaster-General,  not  to  exceed  five,  paymasters'  clerks,  now 
authorized  by  law.     Act  of  Mar.  2, 1905  (33  Stat.  832} . 

624.  Same— Right  to  command.— Officers  of  the  Pay  Department 
shall  not  be  entitled,  in  virtue  of  their  rank,  to  command  in  the  line 
or  in  other  staff  corps.1     Sec.  1183  R.  S. 

625.  Same — Arrear  shall  not  exceed  two  months. — The  Army  shall 
be  paid  in  such  manner  that  the  arrears  shall  at  no  time  exceed  two 
months,  unless  circumstances  shall  render  further  arrears  unavoid- 
able.2   Sec.  1189,  R.  S. 

626.  Same — Rule  for  division  of  time  and  computation  of. — Here- 
after, where  the  compensation  of  any  person  in  the  military  service 
of  the  United  States  is  annual  or  monthly  the  following  rules  for 
division  of  time  and  computation  of  pay  for  services  rendered  are 
hereby  established :  Annual  compensation  shall  be  divided  into  twelve 
equal  installments,  one  of  which  shall  be  the  pay  for  each  calendar 
month;  and  in  making  payments  for  a  fractional  part  of  a  montli 
one-thirtieth  of  one  of  such  installments,  or  of  a  monthly  compensa- 
tion, shall  be  the  daily  rate  of  pay.     For  the  purpose  of  computing 
such  compensation  and  for  computing  time  for  services  rendered  dur- 
ing a  fractional  part  of  a  month  in  connection  with  annual  or  monthly 
compensation,  each  and  every  month  shall  be  held  to  consist  of  thirty 
days,  without  regard  to  the  actual  number  of  days  in  any  calendar 
month,  thus  excluding  the  thirty-first  of  any  calendar  month  from  the 
computation  and  treating  February  as  if  it  actually  had  thirty  days. 
Any  person  entering  the  service  of  the  United  States  during  a  thirty- 
one  day  month  and  serving  until  the  end  thereof  shall  be  entitled  to 
pay  for  that  month  from  the  date  of  entry  to  the  thirtieth  day  of 
said  month,  both  days  inclusive;  and  any  person  entering  said  serv- 
ice during  the  month  of  February  and  serving  until  the  end  thereof 
shall  be  entitled  to  one  month's  pay,  less  as  many  thirtieths  thereof 
as  there  were  days  elapsed  prior  to  date  of  entry :  Provided,  That  for 

Departments  shall  hereafter  be  performed  by  such  officer  or  officers  of  the 
Quartermaster  Corps,  as  the  Secretary  of  War  may  designate  for  the  purpose, 
see  paragraph  500,  ante. 

xAn  officer  of  the  Pay  or  Medical  Department  can  not  exercise  command, 
except  in  his  own  department;  but  by  virtue  of  his  commission  he  may  com- 
mand all  enlisted  men  like  other  commissioned  officers.  (Par.  18,  A.  R.,  1913.) 

2  Troops  will  be  paid  every  month  unless  circumstances  prevent,  in  which 
case  the  quartermaster  charged  with  the  payment  will  immediately  report  the 
facts  through  his  department  quartermaster  to  the  Chief  of  the  Quartermaster 
Corps.  (Par.  1315,  A.  R.,  1913.) 


MILITARY    LAWS   OF   THE   UNITED   STATES.  245 

one  day's  unauthorized  absence  on  the  thirty-first  day  of  any  calen- 
dar month  one  day's  pay  shall  be  forfeited.1  Act  of  June  1%,  1906 
(34  Stat.  248) . 

627.  Same — By  check. — The  Secretary  of  War  is  also  authorized 
to  arrange  for  the  payment  of  the  enlisted  men  serving  at  posts  or 
places  where  no  paymaster  is  on  duty  by  check  or  by  currency,  to  be 
sent  to  them  by  mail  or  express,  at  the  expense  and  risk  of  the  United 
States.2    Act  of  Feb.  27, 1893  (07  Stat.  479} . 

628.  Same — To  militia  from  appropriations  for  militia. — Here- 
after all  payments  to  the  militia  under  the  provisions  of  section 
fifteen  of  the  Act  of  Congress  approved  January  twenty-first,  nine- 
teen hundred  and  three,  and  all  allowances  for  mileage  shall  be  made 
solely  from  the  sums  herein  appropriated  for  such  purposes.    Act  of 
Apr.  23, 1904  (33  Stat.  267). 

629.  Same — Authorization  for. — Paymasters  and  additional  pay- 
masters shall  be  allowed  a  capable  noncommissioned  officer  or  private 
as  clerk.     When  suitable  noncommissioned  officers  or  privates  can 
not  be  procured  from  the  line  of  the  Army,  they  are  authorized,  by 
and  with  the  approbation  of  the  Secretary  of  War,  to  employ  citizens 
as  clerks,  at  a  salary  of  fourteen  hundred  dollars  a  year.3    Sec.  1190, 
R.  S.,  as  amended  by  the  act  of  June  30, 1882  (22  Stat.  118) . 

630.  Same — Pay  same  as  Navy  paymasters'  clerks. — Hereafter  the 
pay  and  allowances  of  Army  paymasters'  clerks  shall  be 'the  same  as 
provided  by  law  for  Navy  paymasters'  clerks  *  on  shore  duty,  and  they 

xThe  act  of  June  30,  1906  (34  Stats.,  763),  contains  a  similar  provision  to  the 
above,  substituting  for  the  words  "  any  person  in  the  military  service  of  the 
United  States,"  the  words  "  any  person  in  the  service  of  the  United  States." 

2  For  regulations  for  the  method  of  making  payments  to  enlisted  men,  see 
paragraphs  1315-1346,  A.  R.,  1913. 

A  paymaster  of  the  Army  who  alleges  that  he  inclosed  certain  sums  of  money 
in  a  package  transmitted  by  him  to  an  officer  for  the  payment  of  troops,  which 
sums  were  not  found  in  the  package  when  received,  the  seals  being  unbroken, 
is  not  entitled  to  credit  therefor.  (6  Comp.  Dec.,  940.) 

A  soldier  of  a  company  which  performed  duty  usually  performed  by  engineer 
soldiers,  but  which  was  regularly  mustered  and  paid  as  a  company  of  infantry, 
is  not  entitled  to  pay  as  an  engineer  soldier.  (Id.,  25.) 

3  For    travel    allowances   of    paymasters'    clerks    see    paragraph    631,    post. 
Salaries  of  clerks  to  paymasters  are  now  graded  according  to  length  of  servica 
tfee  next  paragraph  for  rates  of  pay  for  periods  of  service. 

4  The  rates  of  pay  of  Army  paymasters'  clerks  under  the  act  of  March  3,  1911, 
are  as  follows:  First  three  years  of  service,  $1,125  per  annum;  second  three 
years  of  service,  $1,250  per  annum;   third  three  years  of  service,  $1,625  per 
annum;  fourth  three  years  of  service,  $1,625  per  annum;   after  12  years  of 
service,  $2,000. 

On  application  of  a  pay  clerk  serving  at  a  post  where  there  were  troops  for 
assignment  of  quarters,  Held,  that  he  is  entitled  when  on  duty  at  a  post  with 
troops  to  the  same  number  of  rooms  as  quarters  as  a  second  lieutenant  of  the 
Army,  and  to  such  quarters  as  may  be  assigned  to  commissioned  officers,  but 
that  he  has  no  right  of  selection  under  paragraph  1042,  Army  Regulations  of 
1910,  of  quarters  occupied  by  any  commissioned  officer.  (Bulletin  No.  4,  Dig. 
Opins.  J.  A.  G.,  Feb.  1,  1913.) 

On  application  for  a  decision  as  to  whether  Army  pay  clerks  are  officers  of 
the  Army  within  the  meaning  of  the  statutes  and  regulations  so  as  to  entitle 
them  to  purchase  ordnance  stores  for  their  own  use.  Held,  that  a  pay  clerk 


246  MILITARY   LAWS   OF   THE   UNITED   STATES. 

shall  also  be  entitled  to  the  same  right  of  retirement  with  the  same 
retired  pay  as  is  now  allowed  Navy  paymasters'  clerks:  Provided, 
That  Army  paymasters'  clerks  shall  be  subject  to  the  rules  and 
articles  of  war.  Act  of  Mar.  3, 1911  (36  Stat.  1044). 

631.  Same — Mileage  same  as  that  for  officers  of  Army. — Hereafter 
Army  paymasters'  clerks  and  the  expert  accountant,  Inspector  Gen- 
eral's Department,  shall  receive  mileage  at  the  same  rates  and  under 
the  same  conditions  as  is  provided  by  law  for  officers  of  the  Army. 
Act  of  Aug.  24, 1912  (37  Stat.  575). 

632.  Same — Age  for  retirement  same  as  that  for  officers  of  Army. — 
Hereafter  the  age  limit  for  the  retirement  of  Army  paymasters' 
clerks  shall  be  the  same  as  the  age  limit  for  the  retirement  of  com- 
missioned officers  of  the  Army.1     Id. 

633.  Same — No  further  appointments   to   be  made.- — That  here- 
after no  further  appointments  of  pay  clerks  shall  be  made.    Act  of 
Mar.  2, 1913  (37  Stat.  708). 

634.  Same — Subject  to  the  rules  and  articles  of  war. — That  Army 
paymasters'  clerks  shall  be  subject  to  the  Eules  and  Articles  of  War. 
Act  of  Mar.  3, 1911  (36  Stat.  1044). 

635.  Rates  of  pay. — The  officers  of  the  Army  shall  be  entitled  to 
the  pay 2  herein  stated  after  their  respective  designations : 3 

The  general,  thirteen  thousand  five  hundred  dollars  a  year.4 
Lieutenant-general,  eleven  thousand  dollars  a  year.5 

in  the  Army  occupies  a  military  status  and  must  be  deemed  an  officer  of  the 
Army  in  the  sense  that  he  has  a  military  status  and  is  not  an  enlisted  man  or 
cadet,  although  not  a  commissioned  officer;  and  as  there  is  nothing  in  the 
statutes  or  regulations  providing  for  the  sale  of  ordnance  stores  to  officers  for 
their  own  use  in  the  .service  which  would  limit  the  sale  to  commissioned 
officers,  pay  clerks  are  entitled  to  purchase  ordnance  stores  for  their  own  use 
in  the  military  service.  (Bulletin  No.  1,  Dig.  Opins.  J.  A.  G.,  Jan.  20,  1913.) 

*An  examining  board  found  a  pay  clerk  of  the  Army  incapacitated  for  active 
service,  said  incapacity  having  originated  prior  to  the  passage  of  the  act  of 
March  3,  1911  (36  Stat.  1044),  giving  such  clerks  the  same  pay  and  allowances 
as  Navy  paymasters'  clerks  on  shore  duty,  together  with  the  same  right  to 
retirement  and  retired  pay  as  is  allowed  such  Navy  paymasters'  clerks.  Held, 
that  the  effect  of  said  act  of  March  3,  1911,  is  to  recognize  the  service  of  Army 
paymasters'  clerks  prior  to  March  3,  1911,  as  service  within  the  meaning  of 
sections  1453  and  1454,  Revised  Statutes,  and  that  the  retirement  of  the  clerk 
may  be  based  upon  disability  incurred  while  engaged  in  such  prior  service. 
(Bulletin  No.  1,  Dig.  Opins.  J.  A.  G.,  Jan.  20,  1913.) 

2  Pay  is  the  monthly  pecuniary  compensation  of  officers  and  soldiers  of  the 
Army,  as  fixed  by  sections  1261,  1280,  etc.,  Revised  Statutes.  It  is  quite  dis- 
tinct from  "allowances."  (X  Opin.  Att.  Gen.,  285.)  The  right  to  pay  begins 
and  ends  with  the  period  of  legal  service.  Except  by  special  authority  of 
Congress  an  officer  or  soldier  can  not  be  paid  for  military  service  rendered 
before  appointment,  enlistment,  or  muster  in.  See  the  chapter  entitled  Com- 
missioned officers.) 

8  For  longevity  pay,  see  paragraph  652,  post. 

4  This  office  has  ceased  to  exist  as  a  grade  of  rank  in  the  military  estab- 
lishment. 

5  The  act  of  March  2,  1907   (34  Stat.  1160),  provided  that  when  the  office  of 
lieutenant-general  shall  become  vacant,   it  shall  not  thereafter  be  filled,  but 
said  office  shall  cease  and  determine;  but  that  nothing  in  the  provision  shall 
affect  the  retired  list. 


MILITARY  LAWS   OF   THE  UNITED   STATES.  247 

Major-general,  eight  thousand  dollars  a  year. 

Brigadier-general,  six  thousand  dollars  a  year. 

Colonel,  four  thousand  dollars  a  year. 

Lieutenant-colonel,  three  thousand  five  hundred  dollars  a  year. 

Major,  three  thousand  dollars  a  year. 

Captain,  two  thousand  four  hundred  dollars  a  year. 

First  lieutenant,  two  thousand  dollars  a  year. 
Chaplain.1 

Second  lieutenant,  one  thousand  seven  hundred  dollars  a  year. 

Aid  to  major-general,  two  hundred  dollars  a  year,  in  addition  to 
pay  of  his  rank. 

Aid  to  brigadier-general,  one  hundred  and  fifty  dollars  a  year,  in 
addition  to  pay  of  his  rank. 

Ordnance  storekeeper  at  Springfield  Armory,  two  thousand  five 
hundred  dollars  a  year. 

All  other  storekeepers,  two  thousand  dollars  a  year.  Sec.  1*261, 
R.  S.,  as  amended  ~by  Act  of  May  11,  1908  (35  Stat.  108).. 

636.  Same — Militia  and  Volunteers. — All  officers  and  enlisted  men 
of  the  Volunteer  Army,  and  of  the  militia  of  the  States  when  in  the 
service  of  the  United  States,  shall  be  in  all  respects  on  the  same 
footing  as  to  pay,  allowances,  and  pensions  as  that  of  officers  and 
enlisted  men  of  corresponding  grades  in  the  Regular  Army.2    Sec. 
12,  Act  of  Apr.  88, 1898  (30  Stat.  363). 

637.  Same — Officers  below  grade  of  major  who  provide  suitable 
mounts. — Hereafter  the  United   States  shall   furnish  mounts   and 
horse  equipments  for  all  officers  of  the  Army  below  the  grade  of 
major  required  to  be  mounted,  but  in  case  any  officer  below  the 
grade  of  major  required  to  be  mounted  provides  himself  with  suit- 

xBy  section  12  of  the  act  of  February  2,  1901  (31  Stat.  750),  the  President 
was  authorized  to  appoint  chaplains  in  the  Army,  with  the  rank,  pay,  and 
allowances  of  captain  of  infantry. 

By  the  act  of  April  21,  1904  (33  Stat.  226),  chaplains  who  have  had  not  less 
than  ten  years'  service,  in  the  grade  of  captain,  and  who  have  been  commended 
as  worthy  of  special  distinction  for  exceptional  efficiency,  may  be  promoted 
to  be  chaplains  with  the  grade,  pay,  and  allowances  of  major ;  that  remaining 
chaplains  shall  have  the  grade,  pay,  and  allowances  of  captain,  mounted,  after 
they  shall  have  completed  seven  years'  service;  and  that  all  persons  hereafter 
appointed  as  chaplains  shall  have  the  grade,  pajr,  and  allowances  of  first 
lieutenant,  mounted,  until  they  shall  have  completed  seven  years  of  service. 
(See  10  Comp.  Dec.,  765.) 

2  Section  1292  of  the  Revised  Statutes  contains  the  requirement  that  "  in 
all  matters  relating  to  the  pay  and  allowances  of  officers  and  soldiers  of  the 
Army  of  the  United  States,  the  same  rules  and  regulations  shall  apply  to  the 
Regular  Army  and  to  volunteer  forces  mustered  into  the  service  of  the  United 
States  for  a  limited  period." 

The  date  on  which  a  volunteer  officer,  appointed  by  the  President,  formally 
accepts  his  appointment  should  be  considered  as  the  date  of  the  commencement 
of  his  military  service.  No  such  officer  should  be  recognized  as  having  been  in 
the  military  service  of  the  United  States,  under  his  appointment,  because  of 
any  service  that  may  have  been  rendered  by  him  prior  to  his  formal  acceptance 
of  that  appointment.  (Decision  Sec.  War,  June  28,  1899.  Circular  32,  A.  G.  O., 
1899.) 


248  MILITARY   LAWS   OF   THE   UNITED   STATES. 

able  mounts  at  his  own  expense,  he  shall  receive  an  addition  to  his 
pay  of  one  hundred  arid  fifty  dollars  per  annum  if  he  provides  one 
mount,  and  two  hundred  dollars  per  annum  if  he  provides  two 
mounts.1  Act  of  May  11, 1908  (35  Stat.  108) . 

638.  Same — No  increase  on  account  of  brevet  rank. — Brevets  con- 
ferred  upon   commissioned   officers   shall   not   entitle   them  to   any 
increase  of  pay.    Sec.  126^  R.  S. 

639.  Same — Increased  for  exercising  higher  command. — In  time  of 
war  every  officer  serving  with  troops  operating  against  an  enemy 
who  shall  exercise,  under  assignment  in  orders  issued  by  competent 
authority,  a  command  above  that  pertaining  to  his  grade  shall  be 
entitled  to  receive  the  pay  and  allowances  of  the  grade  appropriate  to 
the  command  so  exercised:  Provided,  That  a  rate  of  pay  exceeding 
that  of  a  brigadier-general  shall  not  be  paid  in  any  case  by  reason 
of  such  assignment.2    Sec.  7,  Act  of  Apr.  26, 1898  (30  Stat.  365). 

1  For  regulations  in  regard  to  mounted  pay,  see  paragraphs  1272-1274,  A.  R., 
1913. 

2  Under  section  7  of  the  act  of  Congress  approved  April  26,  1898,  an  officer  is 
not  entitled  to  the  pay  and  allowances  of  the  grade  appropriate  to  a  command 
exercised  by  him  above  that  pertaining  to  his  grade  except  when  "  serving  with 
troops  operating  against  an  enemy  "  and  exercising  the  command  of  the  higher 
grade  "  under  assignment  in  orders  issued  by  competent  authority."    It  has  been 
held  by  the  Secretary  of  War  that  troops  serving  within  the  limits  of  the  United 
States  at  a  time  when  there  is  no  foreign  army  within  said  limits  are  not  oper- 
ating against  an  enemy,  notwithstanding  the  existence  of  war  conditions.     For 
the  purpose  of  restricting  assignments  to  command  under  this  section  to  "  com- 
petent authority,"  it  has  also  been  decided  that  such  authority  can  be  exercised 
only  by  the  Secretary  of  War,  or  by  the  commanding  general  of  an  army  "  oper- 
ating against  an  enemy."      (Circular  18,  A.  G.  O.,  1898.     See  also  G.  O.  86, 
A.  G.  O.,  1898.) 

The  command  prescribed  by  law  for  an  officer  of  the  Army  must  be  held  to  be 
the  appropriate  command  of  that  grade,  and  such  command  is  not  subject  to 
change  by  Executive  order,  or  regulation,  except  as  provided  by  law.  (5  Comp. 
Dec.,  354.) 

An  officer  of  the  Army  who,  under  assignment  in  orders  issued  by  his  superior 
officer,  exercises  a  command  above  that  pertaining  to  his  grade  exercises  such 
command  under  competent  authority  within  the  meaning  of  section  7  of  the  act 
of  April  26,  1898.  (Id.,  354.) 

Under  section  7  of  the  act  of  April  26,  1898,  an  officer  of  the  Army  serving 
in  time  of  war  with  troops  operating  against  an  enemy,  who  is  required  by  the 
Army  Regulations,  upon  a  specified  contingency,  to  exercise  a  command  above 
that  pertaining  to  his  grade,  must  be  regarded  as  exercising  such  "  command 
under  assignment  in  orders  issued  by  competent  authority,"  and  is  entitled  to 
*  the  pay  of  the  higher  grade.  ( Id.,  639. ) 

The  office  of  an  officer  of  the  Army  and  his  rank  are  not  necessarily  identical. 
(Wood  v.  U.  S.,  107  U.  S.,  414;  5  Comp.  Dec.,  280.) 

A  captain  in  the  Army  while  performing  duty  as  chief  quartermaster  does  not 
exercise  a  command  within  the  meaning  of  section  7  of  the  act  of  April  26, 1898, 
and  is  not  entitled  to  increased  pay  for  exercising  a  command  above  that  per- 
taining to  his  grade.  (5  Comp.  Dec.,  137.)  A  judge  advocate  who  is  assigned 
by  a  corps  commander  to  act  as  judge  advocate  on  his  staff  does  not  thereby 
acquire  any  higher  rank  and  is  not  entitled  to  any  addtional  pay.  (Id.,  168.) 

A  major  of  infantry  who,  on  the  assignment  of  the  lieutenant  colonel  to  the 
command  of  the  regiment,  was  assigned  to  the  command  of  a  battalion  was  not 
assigned  to  a  command  above  that  pertaining  to  his  grade,  and  is  not  entitled 
to  the  increase  of  pay  provided  by  the  act  of  April  26,  1898,  for  exercising  a 
command  above  that  pertaining  to  his  grade.  (Id.,  862.) 

The  fact  that  a  major  of  the  Army  was  for  a  time  assigned  to  the  command 
oi  a  post  garrisoned  by  two  batteries  of  artillery  does  not  make  such  a  com- 


MILITARY   LAWS   OF    THE   UNITED   STATES.  249 

640.  Same — Restrictions   as   to   period   covered   ~by   higher   com- 
mand.— For  additional  pay  for  increased  rank  when  in  command  by 
competent  authority,     *     *     *     dollars:  Provided,  That  no  part  of 
this  sum  shall  be  used  for  pay  of  officers  assigned  to  higher  command 
than  their  rank  in  the  Army,  unless  such  service  shall  be  continuous 
for  a  period  of  not  less  than  three  months.     Act  of  May  26,  1900 
(31  Stat.  211). 

641.  Same — Authority  for  accounting  officers  to  remove  stoppages 
in  settlement  of  claims  for. — The  accounting  officers  of  the  Treasury, 
in  the  settlement  of  claims,  shall  not  stop  against  the  amount  found 
due  the  payments  for  exercise  of  higher  command  which  were  made 
between  April  twenty-sixth,  eighteen  hundred  and  ninety-eight,  and 
March  eighteenth,  nineteen  hundred  and  seven,  in  accordance  with 
regulations   and   decisions   then   existing:   Provided  further,   That 
where  disallowances  or  stoppages  on  account  of  pay  received  for 
exercise  of  higher  command  between  said  dates  have  been  made  in 
the  settlement  of  claims,  the  Auditor  for  the  War  Department  is 
hereby  authorized  and  directed  to  reopen  said  settlements  and  to 
credit  the  claimants  the  full  amount  due  on  their  claims:  And  pro- 
vided further,  That  nothing  herein  contained  shall  be  construed  as 
authorizing  the  accounting  officers  of  the  Treasury  to  allow  any 
claim  for  increase  of  pay  for  the  exercise  of  a  higher  command 
between   the   dates   of  April   twenty-sixth,   eighteen   hundred    and 
ninety-eight,  and  March  eighteenth,  nineteen  hundred  and  seven, 
which  may  now  be  pending  or  hereafter  presented,  except  in  accord- 
ance with  the  decision  of  March  eighteenth,  nineteen  hundred  and 
seven,  of  the  United  States  Supreme  Court  in  the  case  of  Donn  C. 
Mitchell.    Act  of  Mar.  3, 1911  (36  Stat.  1039). 

642.  Same — Increase    for    foreign    service. — Hereafter    the    pay 
proper  of  all  commissioned  officers  and  enlisted  men  serving  beyond 
the  limits  of  the  States  comprising  the  Union  and  Territories  of  tho 
United  States  contiguous  thereto  shall  be  increased  ten  per  centum 

mand  the  appropriate  command  of  a  major,  and  a  captain  assigned  to  such  a 
command  is  not  entitled  to  the  pay  of  a  major.  (Id.,  891.) 

There  is  no  law  authorizing  the  allowance  of  additional  pay  to  an  enlisted  man 
for  performing  the  duties  of  a  commissioned  officer,  and  a  claim  for  such  j>;iy 
can  not  be  allowed.  (4  Cojnp.  Dec.,  120.) 

A  second  lieutenant  of  the  Army  who  exercised  the  command  of  a  first  lieu- 
tenant did  not  "  exercise  a  command  above  that  pertaining  to  his  grade,"  within 
the  meaning  of  the  act  of  April  26,  1898,  and  he  is  not  entitled  to  the  pay  of  the 
higher  grade.  (t>  Comp.  Dec.,  905.) 

Where  an  officer  of  the  Army  exercised  a  higher  command  and,  under  section  7 
of  the  act  of  April  26,  1898,  is  entitled  to  the  pay  and  allowances  of  the  grade 
appropriate  to  the  command  so  exercised,  and,  under  section  1262,  Revised 
Statutes,  is  also  entitled  to  increased  pny  for  length  of  service,  such  increased 
pay  to  be  computed  on  the  pay  of  the  grade  appropriate  to  such  higher  command. 
(Id.,  710.) 

Held  that  section  7,  act  of  April  26,  1898  (30  Stat.  365),  extends  to  a  first 
lieutenant  assigned  to  command  another  company  than  his  own.  (Walker's 
case,  43  Ct.  Cls.,  1.  See  also  par.  641,  post.) 


250  MILITARY   LAWS   OF   THE   UNITED   STATES. 

for  officers  and  twenty  per  centum  for  enlisted  men  over  and  above 
the  rates  of  pay  proper  as  fixed  by  law  for  time  of  peace,  and  the 
time  of  such  service  shall  be  counted  from  the  date  of  departure 
from  said  States  to  the  date  of  return  thereto.1  Act  of  June  30, 
1902  (32  Stat.  512}. 

643.  Same. — Increase  of  pay  for  service  beyond  the  limits  of  the 
States  comprising  the  Union,  and  the  territories  of  the  United  States 
contiguous  thereto,  shall  be  as  now  provided  by  law.2  Act  of  May 
11,1908  (35  Stat.  110). 

Congress,  by  act  of  June  12,  1906  (34  Stat.  274),  appropriating  for  the 
20  per  centum  additional  pay  for  enlisted  men  and  10  per  centum  additional 
pay  for  commissioned  officers  serving  beyond  the  limits  of  the  States  comprising 
the  Union  and  the  Territories  of  the  United  States  contiguous  thereto,  excepted 
from  the  appropriation  service  in  Porto  Ilico  and  the  Hawaiian  Islands;  while 
the  act  of  March  2,  1907  (34  Stat.  1164),  contained  a  like  exception.  The  act 
of  May  11,  1908  (35  Stat.  110),  provided  that  increase  of  pay  for  foreign  service 
"  shall  be  as  now  provided  by  law." 

The  case  of  United  States  v.  Vulte  (233  U.  S.,  509)  involved  service  as  com- 
missioned officer  in  the  Marine  Corps  in  Porto  Rico  subsequent  to  the  act  of 
May  11,  1908,  the  claimant  alleging  that  the  clause  "  shall  be  as  now  provided 
by  law  "  referred  to  the  act  of  June  30,  1902,  authorizing  additional  pay  for 
foreign  service.  The  Supreme  Court  of  the  United  States  (233  U.  S.,  509),  in 
affirming  the  decision  of  the  Court  of  Claims  (47  Ct.  Cls.,  324),  held  as  follows: 

"A  statute  which  fixes  the  annual  salary  of  a  public  officer  at  a  designated 
sum  without  limitation  as  to  time  is  not  abrogated  or  suspended  by  subsequent 
enactments  which  merely  appropriate  a  less  amount  for  that  officer  for  particu- 
lar years  and  which  contain  no  words  expressly,  or  by  clear  implication,  modi- 
fying or  repealing  the  previous  law. 

"  The  provision  in  the  appropriation  acts  of  1906  and  1907  excepting  Hawaii 
and  Porto  Rico  from  the  operation  of  the  provision  for  additional  pay  for 
officers  in  foreign  service  is  not  to  be  construed  as  prevailing  over  the  explicit 
provisions  of  the  act  of  June  30,  1902,  providing  for  such  additional  pay 
including  those  places,  and  the  salary  provided  by  law  of  officers  on  foreign 
service  referred  to  in  the  act  of  May  11,  1808,  is  that  fixed  by  the  act  of 
June  30,  1902." 

The  10  per  cent  increase  on  pay  proper  being  allowed  by  the  act  only  to 
officers  serving  in  the  places  named  therein,  I  am  of  the  opinion  that  an  officer 
on  duty  in  one  of  the  places  named  in  the  act,  who  is  relieved  from  duty  and 
given  a  sick  leave  or  an  ordinary  leave,  is  not  entitled  to  the  10  per  cent 
increase  in  computing  his  pay  after  the  date  on  which  he  leaves  the  place  where 
the  increased  iJay  for  service  therein  is  authorized  by  law.  (6  Comp.  Dec.,  948.) 

2  An  officer  of  the  Army  was  directed,  as  a  member  of  a  cavalry  board,  te 
proceed  to  Berlin,  Germany,  and  take  station  at  that  place  "  for  the  purpose 
of  observing  and  studying  the  cavalry  branch  of  the  German  Army,"  and  also 
of  the  armies  of  other  countries  enumerated.  The  board  was  further  directed 
to  "  make  such  journeys  between  Berlin,  Germany,  and  points  in  the  countries 
herein  named  as  may  be  necessary."  In  accordance  with  these  orders  the  officer 
left  Berlin  and  traveled  to  various  points  in  the  countries  named  in  his  orders. 
Upon  the  completion  of  his  duties  at  one  of  said  points  he  received  an  order 
that  upon  the  completion  of  his  duties  abroad  pertaining  to  the  cavalry  board 
he  should  repair  to  Washington,  D.  C.,  for  temporary  duty.  He  complied  with 
this  order  by  returning  directly  to  the  United  States  from  the  point  last  named 
without  returning  to  his  station  in  Berlin. 

Held,  that  the  duties  performed  by  the  officer  at  the  various  places  visited 
were  incidental  to  his  assignment  to  his  station  at  Berlin,  so  that  his  station 
remained  at  the  latter  place  until  he  left  for  the  United  States,  and  that  the 
officer  should  be  considered  as  having  been  assigned  to  and  as  having  retained 
station  at  Berlin  within  the  meaning  of  the  act  of  March  2,  1901  (31  Stat. 
903),  during  the  period  in  question  and  not  as  having  been  in  a  traveling  status. 

Held,  therefore,  that  he  was  entitled  to  the  increased  pay  for  foreign  service 
until  his  arrival  in  the  United  States. 

(Comp.  Geo.  E.  Downey,  Sept.  10,  1913.  Bulletin  No.  31,  Dig.  Opins.  J.  A.  G., 
Oct.  10,  1913.) 


MILITARY    LAWS    OF    THE    UNITED    STATES.  251 

644.  Same — Not  to  apply  to  Canal  Zone,  Panama,  Hawaii,  or  Porto 
. — Hereafter  the  laws  allowing  increase  of  pay  to  officers  and 

enlisted  men  for  foreign  service  shall  not  apply  to  service  in  the 
Canal  Zone,  Panama,  or  Hawaii  or  Porto  Rico.  Act  of  Aug.  24, 
1912  (37  S tat.  576). 

645.  Same — Applies  to  transport  service  in  the  Philppine  Archi- 
pelago.— Officers    and    enlisted    men    who    have    served    on    army 
transports  in  the  Philippine  Archipelago  at  any  time  since  May 
twenty-sixth,  nineteen  hundred,  under  the  control  and  orders  of  the 
commanding  general,  Philippines  Division,  or  who  may  hereafter  so 
serve,  shall  be  entitled  to  receive  the  same  rate  of  pay  as  is  provided 
by  law  for  officers  and  enlisted  men  serving  at  shore  stations  beyond 
the  limits  of  the  United  States.    Act  of  May  11,  1908  (35  Stat.  114). 

646.  Same — Additional  pay  for  acting  commissaries  repealed. — 
So  much  of  section  twelve  hundred  and  sixty-one  of  the  Revised 
Statutes  as  pertains  to  additional  pay  for  acting  commissaries  be, 
and  the  same  is  hereby,  repealed.    Act  of  Aug.  24, 1912  (37  Stat.  574) . 

647.  Assignment  or  transfer  of  pay  accounts. — Hereafter  all  com- 
missioned officers  of  the  Army  may  transfer  or  assign  their  pay  ac- 
counts, when  due  and  payable,  under  such  regulations  and  restric- 
tions as  the  Secretary  of  War  may  prescribe.    Act  of  Mar.  2,  1907 
(34  Stat.  1159). 

648.  Same — Payment  by  check  to  ~be  full  acquittance. — That  here- 
after section  thirty-six  hundred  and  twenty,  Revised  Statutes,  as 
amended  by  the  Act  of  Congress  approved  February  twenty-seventh, 
eighteen  hundred  and  seventy-seven,  shall  not  be  construed  as  pre- 
cluding officers  of  the  Quartermaster  Corps  from  drawing  checks  in 
favor  of  the  person  or  institution  designated  by  indorsement  made 
on  his  monthly  pay  account  by  any  officer  of  the  Army  if  the  pay 
account  has  been  deposited  for  payment  on  maturity  in  conformity 
with  such  regulations  as  the  Secretary  of  War  may  prescribe:  Pro- 
vided further,  That  payment  by  the  United  States  of  a  check  on  the 
indorsement  of  the  indorsee  specified  on  the  pay  account  shall  be  a 
full  acquittance  for  the  amount  due  on  the  pay  account.    Act  of  Mar. 
2,1913  (37  Stat.  710). 

649.  Advances  of  pay. — The  President  may     *     *     *     direct  such 
advances  as  he  may  deem  necessary  and  proper  to  persons  in  the 
naval  and  military  service  employed  on  distant  stations  where  the 
discharge  of  the  pay  and  emoluments  to  which  they  may  be  entitled 
can  not  be  regularly  effected.1    Sec.  3648,  R.  S. 

*An  advance  of  public  money  made  by  a  paymaster  of  the  Army  to  an  officer 
ordered  to  a  distant  station,  when  made  by  direction  of  the  President,  as  pro- 
vided by  section  3648  of  the  Revised  Statutes,  to  provide  for  the  pay  of  such 
officer  for  a  future  period,  is  not  a  payment  for  services  for  the  correctness  of 
which  the  paymaster  is  held  responsible,  but  is  an  advance  of  public  money  to 
the  officer  in  question,  for  which  he,  and  not  the  paymaster,  is  accountable  to 
the  United  States.  (4  Comp.  Dec.,  250.) 


252  MILITARY   LAWS   OF   THE   UNITED   STATES. 

650.  Advances  to  troops  embarking  for  service  in  Philippines. — 
Troops  about  to  embark  for  service  in  the  Philippine  Islands  may, 
in  the  discretion  of  the  Secretary  of  War,  be  paid  one  month's  wages 
in  advance  prior  to  embarkation.    Act  of  July  7, 1898  (30  Stat.  721), 

651.  Allowances,  restrictions  as  to. — No  allowances  shall  be  made 
to  officers  in  addition  to  their  pay  except  as  hereinafter  provided.1 
Sec.  1269,  R.  S. 

652.  Same — Ten  per  centum  increase  for  each  term  of  five  years 
of  service. — There  shall  be  allowed  and  paid  to  each  commissioned 
officer  below  the  rank  of  brigadier-general,  including  chaplains  and 
others  having  assimilated  rank  or  pay,  ten  per  centum  of  their  cur- 
rent yearly  pay  for  each  term  of  five  years  of  service.2    Sec.  1262, 
R.S. 

653.  Same — Total  increase  not  to  exceed  4-0  per  centum  of  yearly 
pay. — The  total  amount  for  such  increase  for  length  of  service  shall 
in  no  case  exceed  forty  per  centum  on  the  yearly  pay  of  the  grade  as 
provided  by  law.    Sec.  1263,  R.  S. 

654.  Same — Maximum  for  colonel,  lieutenant-colonel,  and  major. — 
In  no  case  shall  the  pay  of  a  colonel  exceed  five  thousand  dollars  a 
year ;  the  pay  of  a  lieutenant-colonel  exceed  four  thousand  five  hun- 
dred dollars  a  year,  or  the  pay  of  a  major  exceed  four  thousand 
dollars  a  year.    Act  of  May  11, 1908  (35  Stat.  108). 

655.  Same — Service  as  officer  in  volunteers  or  enlisted  man  in 
armies  to  ~be  counted. — On  and  after  the  passage  of  this  act,  all  officers 
of  the  Army  of  the  United  States  who  have  served  as  officers  in  the 
volunteer  forces  during  the  war  of  the  rebellion,  or  as  enlisted  men 
in  the  armies  of  the  United  States,,  regular  or  volunteer,  shall  be, 
and  are  hereby,  credited  with  the  full  time  they  may  have  served  as 
such  officers  and  as  such  enlisted  men  in  computing  their  service  for 
longevity  pay  and  retirement.3     Sec.  7,  Act  of  June  18,  1878   (20 
Stat.  150). 

1  Pay  is  the  fixed  and  direct  amount  given  by  law ;  allowances  or  emoluments 
are  indirect  or  contingent  remuneration;  both  are  compensation.  (Sherburne  v. 
U.  S.,  16  Ct.  Cls.,  491.  See  also  note  2  to  paragraph  635,  ante.) 

'Longevity  pay  is  founded  upon  the  equivalent  of  increased  judgment  and 
capacity  acquired  by  the  experience  of  continued  service.  Brown  v.  U.  S.,  18 
Ct.  Cls.,  545.  Acts  authorizing  longevity  pay  are  remedial  statutes,  and  officers 
are  entitled  to  a  liberal  interpretation  of  them,  the  language  used  being  given 
as  broad  a  meaning  as  Congress  may  be  presumed  to  have  intended.  (Hendee 
v.  U.  S.,  22  Ct.  Cls.,  134;  19  id.,  153.) 

8  An  officer  once  in  actual  service,  under  color  of  office,  is  entitled  to  have  the 
time  credited  to  him  in  the  computation  of  longevity  pay.  (Gould  v.  U.  S.,  19 
Ct.  Cls.,  593.)  The  time  of  actual  service  is  to  be  credited  to  an  officer  in  the 
computation  of  his  longevity  pay,  without  regard  to  a  defect  in  his  title  to  the 
office.  (Palen  v.  U.  S.,  19  id.,  389.)  Service  as  chaplain  prior  to  the  act  of 
March  2,  1867  (14  Stat.,  423),  can  be  reckoned  in  computing  longevity  pay, 
chaplains  being  in  the  military  service  prior  to  that  date.  (U.  S.  v.  LaTonrette, 
151  U.  S.,  572.)  Service  as  a  contract  surgeon  can  not  be  reckoned  in  such  com- 
putation. (Byrnes  v.  U.  S.,  26  Ct.  Cls.,  302 ;  Hendee  v.  U.  S.,  124  U.  S,,  309.)  Be- 
fore the  passing  of  the  act  of  July  28,  1866,  as  well  as  afterwards,  the  corps  of 


MILITARY   LAWS   OF    THE   UNITED   STATES.  253 

656.  Same — Service  in  Navy  to  be  counted. — The  actual  time  of 
service  in  the  Army  or  Navy,  or  both,  shall  be  allowed  all  officers  in 
computing  their  pay.     Act  of  Feb.  84,  1881  (21  Stat.  346}. 

657.  Same — Service  of  cadet  subsequent  to  act  not  to  be  counted. — 
Hereafter  the  service  of  a  cadet  who  may  hereafter  be  appointed  to 
the  United  States  Military  Academy  or  to  the  Naval  Academy  shall 
not  be  counted  in  computing  for  any  purpose  the  length  of  service 
of  any  officer  of  the  Army.    Sec.  6,  Act  of  Aug.  24,  1912  (37  Stat. 
594). 

658.  Same — Receive  75  per  centum  of  pay  of  rank. — Officers  re- 
tired from  active  service  shall  receive  seventy-five  per  centum  of  the 
pay  of  the  rank  upon  which  they  are  retired.1    Sec.  1274,  R-  S. 

659.  Same — Not  to  receive  longevity  pay. — Hereafter,  except  in 
case  of  officers  retired  on  account  of  wounds  received  in  battle,  no 
officer  now  on  the  retired  list  shall  be  allowed  or  paid  any  further  in- 
crease of  longevity  pay,  and  officers  hereafter  retired,  except  as  here- 
in provided,  shall  not  be  allowed  or  paid  any  further  increase  of 
longevity  pay  above  that  which  had  accrued  at  date  of  their  retire- 
ment.    Act  of  Mar.  2,  1903  (32  Stat.  932}. 

660.  Same — Wholly  retired. — Officers  wholly  retired  from  the  serv- 
ice shall  be  entitled  to  receive,  upon  their  retirement,  one  year's  pay 
and  allowances  of  the  highest  rank  held  by  them,  whether  by  staff 
or  regimental  commission,  at  the  time  of  their  retirement.2     Sec. 
1275,  R.  S. 

cadets  of  the  Military  Academy  was  a  part  of  the  Army  of  the  United  States, 
and  a  person  serving  as  a  cadet  was  serving  in  the  Army;  and  the  time  during 
which  a  person  has  served  as  a  cadet  was,  therefore,  actual  time  of  service  by 
him  in  the  line  of  the  Army.  (Morton  v.  U.  S.,  112  U.  S.,  1,  7.) 

'An  officer  of  the  Army  who  has  been  retired  is  entitled  to  the  pay  provided 
for  a  retired  officer  only,  even  though  he  may  not  have  been  relieved  from  active 
duty.  (5  Comp.  Dec.,  53.)  Retired  officers  being  in  the  military  service  of 
the  Government,  the  increased  pay  of  10  per  cent  for  each  five  years'  service 
applies  to  the  years  so  passed  in  the  service  after  retirement  as  well  as  before. 
(U.  S.  v.  Tyler,  105  U.  S.,  244,  246,  and  16  Ct.  Cls.,  223.) 

An  officer  on  the  retired  list  to  whom  the  "full  pay  and  allowances  of  briga- 
dier-general "  has  been  granted  by  Congress  is  not  entitled  to  an  allowance  of 
forage.  (XVII  Opin.  Att.  Gen.,  390.)  Where,  by  a  private  act  of  Congress,  an 
ex-officer  is  placed  upon  the  retired  list  and  the  act  directs  that  his  retired  pay 
shall  be  due  and  payable  to  him  from  the  date  of  the  passage  of  the  act,  his 
pay  will  begin  at  the  date  of  the  act  and  not  at  the  date  of  his  acceptance. 
(1  Comp.  Dec.,  172.) 

The  pay  of  retired  officers  is  a  matter  within  the  control  of  Congress,  and  so 
is  their  rank.  (Wood  v.  U.  S.,  15  Ct.  Cls.,  151,  and  107  U.  S.,  414.)  Officers 
retired  from  active  service  are  retired  "upon  the  actual  rank  held  by  them  at 
the  date  of  retirement."  (Remey  v.  U.  S.,  33  Ct.  Cls.,  218.) 

2  The  provision  of  section  1275,  Revised  Statutes,  that  an  officer  wholly  re- 
tired shall  receive,  upon  retirement,  one  year's  pay  and  allowances,  entitles 
such  an  officer  to  receive  a  sum  equal  to  the  total  of  one  year's  pay  and  all  the 
pecuniary  allowances  of  an  officer  of  his  rank.  And  held  that  the  fact  that  an 
officer,  at  the  time  of  being  wholly  retired,  was  under  a  sentence  of  suspension 
from  rank  and  pay,  did  not  affect  his  right  to  receive  such  full  sum  upon  the 
retirement.  (Dig.  Opin.  J.  A.  G.,  p.  999,  N.  3.) 


254  MILITARY   LAWS"  OF   THE   UNITED   STATES. 

661.  Same — Absence  on  account  of  sickness,  wounds,  etc. — Officers 
when  absent  on  account  of  sickness  1  or  wounds,  or  lawfully  absent 
from  duty  and  waiting  orders,  shall  receive  full  pay:  ivhen  absent 
with  leave,  for  other  causes,  full  pay  during  such  absence  not  exceed- 
ing in  the  aggregate  thirty  days  in  one  year,  and  half -pay  during 
such  absence  exceeding  thirty  days  in  one  year.     When  absent  with- 
out leave,  they  shall  forfeit  all  pay  during  such  absence,  unless  the 
absence  is  excused  as  unavoidable.2    Sec.  1265,  R.  S. 

662.  Same — Leave  on  full  pay. — That  an  act  approved  May  eighth, 
eighteen  hundred  and  seventy-four,  in  regard  to  leave  of  absence  of 
Army  officers,  be,  and  the  same  is  hereby,  so  amended  that  all  officers 
on  duty  shall  be  allowed,  in  the  discretion  of  the  Secretary  of  War, 
sixty  days'  leave  of  absence  without  deduction  of  pay  or  allow- 
ances :  Provided,  That  the  same  be  taken  once  in  two  years :  And  pro- 
vided further,  That  the  leave  of  absence  may  be  extended  to  three 
months,  if  taken  once  only  in  three  years,  or  four  months  if  taken 
once  only  in  four  years.3    Act  of  July  29, 1876  (19  Stat.  102) . 

1  For  requirements  of  the  regulations  respecting  sick  leaves  see  paragraph  57, 
A.  R.,  1913. 

1  Section  1265  of  the  Revised  Statutes  provides  that  an  officer  absent  without 
leave  shall  forfeit  all  pay  unless  the  absence  is  excused  as  unavoidable ;  the  rule 
prevails  whether  a  court-martial  declares  a  forfeiture  or  not.  (Dodge  v.  U.  S., 
33  Ct.  Cls.,  28.)  The  pay  of  an  officer  absent  without  leave  is  not  absolutely 
forfeited,  but  only  when  it  has  been  made  to  appear  that  the  absence  was  not 
unavoidable.  (Smith  v.  U.  S.,  23  Ct.  Cls.,  452.)  A  statement  by  the  Adjutant- 
General  that  an  officer  was  "absent  without  leave"  is  conclusive  as  to  his 
status,  and  is  not  affected  by  statements  made  by  officers  of  the  War  Depart- 
ment implying  the  belief  that  the  officer  was  not  responsible  for  his  absence. 
(3  Dig.,  2d  Comp.  Dec.,  par.  2.)  The  act  of  March  3,  1863,  section  1265,  Re- 
vised Statutes,  provides  that  an  officer  absent  without  leave  shall  forfeit  his 
pay.  If  payment  has  been  made  it  may  be  recovered.  Lapse  of  time  does  not 
preclude  the  Government  from  charging  an  officer  with  a  payment  made  to  him 
contrary  to  law.  (Crowell  v.  U.  S.,  22  Ct.  Cls.,  69.) 

3  For  regulations  respecting  leaves  of  absence  see  paragraphs  49-67,  A.  R., 
1913. 

Section  1265  of  the  Revised  Statutes  was  replaced  by  the  act  of  May  8,  1874 
(18  Stat.  43),  which  provided  that  "all  officers  on  duty  west  of  a  line  drawn 
north  and  south  through  Omaha  City  and  north  of  a  line  drawn  east  and  west 
upon  the  southern  boundary  of  Arizona  shall  be  allowed  sixty  days'  leave  of 
absence  without  deduction  of  pay  or  allowances:  Provided,  That  the  leave  is 
taken  but  once  in  two  years:  And  provided  further,  That  the  leave  may  be 
extended  to  three  months  if  taken  only  once  in  three  years,  or  four  months  if 
taken  once  only  in  four  years."  This  statute  was  superseded  by  the  act  of 
July  29,  1876,  above  cited.  For  statutory  provisions  respecting  leaves  of  ab- 
sence to  graduates  of  the  Military  Academy,  see  the  chapter  entitled  the  Mili- 
tary Academy. 

Section  31  of  the  act  of  March  3,  1863  (12  Stat.  736),  does  not  apply  to  an 
officer  ordered  to  proceed  to  his  home  and  there  await  orders,  though  the  order 
was  issued  at  his  own  request.  An  officer  "  absent  with  leave  "  is  at  liberty  to 
go  where  he  will ;  an  officer  ordered  to  a  particular  place,  there  to  await  orders, 
must  remain  in  that  place  and  continue  as  much  under  orders  as  though  as- 
signed to  any  ordinary  military  duty.  (Williamson  v.  U.  S.,  10  Ct.  Cls.  50,  and 
23  Wall.,  411 ;  Phisterer  v.  U.  S.,  11  Ct.  Cls.  98,  and  94  U.  S.,  219.) 

An  officer  ordered  home  to  await  orders  may  change  his  place  of  residence, 
reporting  the  fact  to  the  War  Department.  (Phisterer  r.  TT.  S.,  ]2  Ct.  Cls.  98.) 
An  officer  ordered  home  to  await  orders  can  not  make  his  home  ambulatory  by 
simply  reporting  from  the  places  where  he  may  chance  to  be.  (Chilson  v. 
U.  S.,  11  Ct.  Cls.  691.) 


MILITARY    LAWS    OF    THE   UNITED   STATES.  255 

663.  Same — Dates  of  commencement  and  termination  of. — Leaves 
of  absence  which  may  be  granted  officers  of  the  Kegular  and  Volun- 
teer Army  serving  in  Alaska  or  without  the  limits  of  the  United 
States,  for  the  purpose  of  returning  thereto,  or  which  may  have  been 
granted  such  officers  for  such  purpose  since  the  thirteenth  day  of 
October,  eighteen  hundred  and  ninety-eight,  j  shall  be  regarded  as 
taking  effect  on  the  dates  such  officers  reached  or  may  have  reached 
the  United  States,  respectively,  and  as  terminating,  or  as  having 
terminated,  on  the  respective  dates  of  their  departure  from  the  United 
States  in  returning  to  their  commands  as  authorized  by  an  order  of 
the  Secretary  of  War,  dated  October  thirteenth,  eighteen  hundred 
and  ninety-eight.1    Act  of  Mar.  2, 1901  (31  Stat.  902). 

664.  Same — Officers  appointed  from  Volunteer  to  Regular  Army 
entitled  to  accrued  leave. — Officers  appointed  to  the  Regular  Army 
from  the  volunteer  service,  whose  service  has  been  continuous,  shall, 
in  the  computation  of  leaves  of  absence  after  their  appointment  in  the 
Regular  Army,  be  entitled  to  the  leave  credits  which  accrued  to  them 
as  volunteer  officers  where  such  leave  credits  were  not  availed  of  dur- 
ing their  volunteer  service.    Act  of  June  30, 1902  (32  Stat.  508) . 

665.  Same — To  ~be%dbsent  -from  Philippines. — Leaves  to  be  absent 
from  the  Philippine  Islands,  other  than  to  return  to  the  United 
States,  which  may  be  granted  officers  of  the  Army  serving  in  said 
islands  and  sailing  from  Manila,  shall  be  regarded  as  taking  effect  on 
the  dates  such  officers  reach  Manila,  and  as  terminating  on  the  dates 
of  their  departure  from  Manila,  in  returning  to  their  stations.    Act 
of  Mar.  2, 1907  (34  Stat.  1171). 

666.  Same — No  officer  or  enlisted  man  absent  on  account  of  disease 
resulting  from  intemperate  habits  or  misconduct  is  entitled  to. — 
Hereafter  no  officer* or  enlisted  man  in  active  service  who  shall  be 
absent  from  duty  on  account  of  disease  resulting  from  his  own  intem- 
perate use  of  drugs  or  alcoholic  liquors  or  other  misconduct  shall 
receive  pay  for  the  period  of  such  absence,  the  time  so  absent  and  the 
cause  thereof  to  be  ascertained  under  such  procedure  and  regula- 
tions as  may  be  prescribed  by  the  Secretary  of  War:  Provided  fur- 
ther, That  an  enlistment  shall  not  be  regarded  as  complete  until  the 
soldier  shall  have  made  good  any  time  in  excess  of  one  day  lost  by 
unauthorized  absences,  or  on  account  of  disease  resulting  from  his 

1  Pay  during  absence  in  confinement. — Officers  and  enlisted  men  in  arrest  and 
confinement  by  the  civil  authorities  will  receive  no  pay  for  the  time  of  such 
absence;  if  released  without  trial,  or  after  trial  and  acquittal,  their  right  to 
pay  for  the  time  of  such  absence  is  restored.  (Par.  1371,  A.  R.,  1913.) 

The  fact  that  an  officer  or  soldier  is  under  charges  does  not  by  military  law 
deprive  him  of  his  pay,  although  under  the  application  of  military  rules  excep- 
tions may  arise  to  this  rule.  (Dodge  v.  U.  S.,  33  Ct.  Cls.,  28.) 


256  MILITARY   LAWS   OF   THE   UNITED   STATES. 

own  intemperate  use  of  drugs  or  alcoholic  liquors  or  other  miscon- 
duct, or  while  in  confinement  awaiting  trial  or  disposition  of  his  case 
if  the  trial  results  in  conviction,  or  while  in  confinement  under  sen- 
tence.1 Act  of  Apr.  £7, 1914  (38  Stat.  353}. 

667.  Same — Pay  forfeited  during  absence  without  leave. — Every 
officer  who  is  dropped  by  the  President  from  the  rolls  of  the  Army, 
for  absence  from  duty  three  months  without  leave,  shall  forfeit  all 
pay  due  or  to  become  due.    Sec.  1266,  R.  S. 

668.  Commutation  of  quarters,  rate. — That  at  places  where  there 
are  no  public  quarters  commutation  therefor  may  be  paid  by  the  Pay 
Department  to  the  officer  entitled  to  the  same  at  a  rate  not  exceeding 
twelve  dollars  per  month  per  room.2     Act  of  Mar.  2,  1907  (34  Stat. 
1169). 

'The  Army  appropriation  act  of  August  24,  1912  (37  Stat.  572),  provides 
that  a  soldier  shall  not  receive  pay  from  the  appropriation  contained  in  the  act 
while  he  may  be  absent  from  active  duty  on  account  of  disease  "  resulting  from 
his  own  intemperate  use  of  drugs,  or  alcoholic  liquors,  or  other  misconduct." 
A  soldier  was  sick  in  hospital  for  one  day  and  consequently  absent  from  active 
duty  by  reason  of  injuries  received  in  a  fist  fight  in  which  he  voluntarily  en- 
gaged. Held,  That  the  words  "  other  misconduct "  in  the  statute  is  limited  by 
the  rule  of  ejusdem  generis  to  conduct  of  the  same  general  character  as  that 
indicated  by  the  words  preceding  them,  to  wit,  "  intemperate  use  of  drugs,  or 
alcoholic  liquors"  (36  Cyc.,  1119),  or  misconduct  consisting  in  the  intemperate 
or  improper  indulgence  of  natural  or  acquired  appetites;  that  the  misconduct 
of  the  soldier  in  this  case  was  not  of  such  general  character;  and  that  no 
deduction  should  be  made  from  his  pay  while  absent  from  active  duty  on 
account  thereof.  (Bulletin  No.  8,  Dig.  Opius.  J.  A.  G.,  March  18,  1913.) 

2  Commutation  in  the  military  or  naval  service  is  money  paid  in  substitution 
of  something  to  which  an  officer,  sailor,  or  soldier  is  entitled;  being  regulated 
by  statutes  and  regulations,  it  can  not  be  allowed  by  inferior  authority.  ( Jaegle 
v.  U.  S.,  28  Ct.  Cls.,  133.)  The  right  of  an  officer  of  the  Army  to  commutation 
of  fuel  and  quarters  springs  out  of  the  general  authority  of  the  War  Depart- 
ment, and  has  been  indirectly  sanctioned  by  Congress  from  the  origin  of  the 
Government.  This  usage  has  been  so  long  practiced  in  the  Army,  and  so  often 
sustained  by  Congress  in  appropriations  for  the  payment  of  such  commutations, 
that  the  right  of  officers  under  the  regulations  of  the  Army  can  not  now  be 
questioned.  (Whittlesey  v.  U.  S.,  5  Ct.  Cls.,  99.)  Since  the  foregoing  decision 
was  rendered  the  allowance  of  quarters  for  the  several  grades  of  officers  of  the 
Army  and  the  monthly  rate  of  commutation  therefor  having  been  fixed  by  stat- 
ute the  practice  can  no  longer  be  said  to  rest  upon  usage  or  upon  the  authority 
of  regulations.  (See  acts  of  June  18,  1878,  and  June  23,  1879.) 

Officers  on  the  active  list  detailed  as  professors  of  colleges  and  engineer 
officers  engaged  upon  civil  works  are  entitled  to  commutation  of  quarters  and 
to  purchase  fuel  under  the  provisions  of  section  9  of  the  act  of  June  17,  1878. 
Such  commutation  in  the  case  of  an  engineer  officer  would  not  be  payable  from 
the  appropriation  for  the  civil  work  upon  which  he  is  engaged.  (See  also 
Long  v.  U.  S.,  8  Ct.  Cls.,  398.)  An  officer  ordered  home  to  await  orders  is  not 
entitled  to  commutation  of  quarters,  such  home  not  being  a  military  station. 
(Phisterer  v.  U.  S.,  13  Ct.  Cls.,  110.)  When  a  military  officer  is  ordered  to 
the  headquarters  of  a  military  department  to  await  further  orders  and  pur- 
suant to  the  order  remains  there,  performing  no  duty,  he  is  entitled  to  com- 
mutation of 'quarters.  If  such  headquarters  are  in  a  large  city  where  there 
are  quarters  assignable  to  officers  on  duty  it  is  not  necessary  for  him  to  de- 
mand that  quarters  be  assigned  him.  (Lippitt  v.  U.  S.,  14  Ct.  Cls.,  148,  and 
100  U.  S.,  663.) 

The  act  of  June  28,  1882  (22  Stat.  118),  authorized  commutation  of  quarters 
to  be  paid  to  officers  and  enlisted  men  of  the  Signal  Service  serving  in  the 
arctic  regions,  the  same  in  amount  as  though  they  were  serving  in  Washington 
in  the  District  of  Columbia.  For  regulations  in  respect  to  the  payment  of 
commutation  of  quarters  to  officers  see  paragraphs  1299  to  1307,  A.  R.,  1913. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  257 

669.  Same — Officer  who  is  member  of  Board  of  Road  Commis- 
sioners living  in  Alaska. — Hereafter  any  officer  of  the  Army  and 
member  of  said  Board  of  Road  Commissioners  who  is  living  with 
his  family  while  serving  as  a  member  of  said  board  within  the  limits 
of  the  Territory  of  Alaska,  and  not  stationed  at  a  military  post,  shall 
be  entitled  to  receive  a  per  diem  commutation  fixed  by  the  board  in 
lieu  of  "  actual  living  expenses,"  as  now  provided  by  law ;  and  this 
provision  shall  embrace  the  time  during  which  any  member  of  said 
board  shall  have  failed  in  the  past  to  receive  any  allowance  for  ex- 
pense of  living  by  reason  of  the  decision  of  the  Comptroller  of  the 
Treasury  above  referred  to,  to  the  effect  that  said  allowance  could 
not  be  made  to  an  officer  living  with  his  family.    Act  of  Apr.  07, 
1914  (38  Stat.  366). 

670.  Same — No  claim  for  quarters  for  servants. — No  allowance 
shall  be  made  for  claims  for  quarters  for  servants  heretofore  or  here- 
after; and  that  the  rate  of  commutation  shall  hereafter  be  twelve 
dollars  per  room  per  month  for  officers'  quarters,  in  lieu  of  ten  dol- 
lars, as  now  provided  by  law.    Act  of  June  23, 1879  (21  Stat.  31). 

671.  Same — Duty  without  troops. — The  Secretary  of  War  may 
determine  what  shall  constitute  travel  and  duty  without  troops  within 
the  meaning  of  the  laws  governing  the  payment  of  mileage  and  com- 
mutation of  quarters  to  officers  of  the  Army.1    Act  of  Mar.  0,  1901 
(31  Stat.  901). 

672.  Same — Not  to  lose  right  on  account  of  temporary  absence. — 
Hereafter  officers  temporarily  absent  on  duty  in  the  field  shall  not 
lose  their  right  to  quarters,  or  commutation  thereof,  at  their  perma- 
nent station  while  so  temporarily  absent.2    Act  of  Feb.  27,  1893  (07 
Stat.  480). 

1  Under  the  authority  conferred  by  the  act  of  March  3,  1901,  it  has  been  de- 
cided by  the  Secretary  of  War  that  "officers  on  duty. in  the  War  Department, 
at  army  and  other  general  headquarters,  attending  surgeons  and  other  officers 
on  duty  in  cities  and  other  places  where  public  quarters  are  not  furnished, 
but  where  enlisted  men  are  on  duty  only  as  guards,  orderlies,  clerks,  and  mes- 
sengers, and  recruiting  officers  at  city  stations  are  regarded  as  being  on  duty 
without  troops  within  the  meaning  of  the  laws  and  regulations."  (G.  O.  43, 
A.  G.  O.,  1901.) 

a  Officers  of  the  Army  acting  as  Indian  agents  at  places  where  there  are 
suitable  quarters  provided  by  the  Government  are  not  entitled  to  commutation 
of  quarters.  (4  Comp.  Dec.,  210.) 

An  officer  relieved  from  duty  at  a  station  where  he  had  quarters  in  kind  and 
ordered  to  report  in  person  for  duty  at  a  college  during  vacntion  is  not  en- 
titled to  commutation  of  quarters  prior  to  the  date  on  which  he  reports  in 
person  at  the  college.  (4  Comp.  Dec.,  254.) 

An  officer  is  not  entitled  to  reimbursement  for  the  amount  paid  for  quarters 
when  serving  at  a  post  where  there  are  public  quarters  to  which  he  could  have 
been  assigned  by  the  Quartermaster's  Department.  (2  Comp.  Dec.,  187.) 
Officers  can  not  base  claims  to  commutation  of  quarters  on  refusal  or  failure  to 
occupy  public  quarters  provided  for  their  use.  (Id.,  223.) 

Officers  of  the  Army  on  the  retired  list  who,  upon  their  own  application,  are 
detailed  to  educational  institutions,  in  nccordnnce  with  the  provisions  of  the 
act  of  November  3,  1893,  are  entitled  to  the  full  pay  of  their  rank.  (6  Comp. 

48985°— 15 17 


258  MILITARY   LAWS   OF   THE   UNITED   STATES. 

673.  Same — Military    attaches,    etc.,    entitled    to. — Hereafter    the 
officers   detailed   to   obtain   the   same    [military   information   from 
abroad]   shall  be  entitled  to  mileage  and  transportation,  and  also 
commutation  of  quarters  while  on  this  duty,  as  provided  when  on 
other  duty.     Act  of  Feb.  27, 1893  (27  Stat.  480). 

674.  Officers  to  receive  monthly  payments — The  sums  hereinbefore 
allowed   shall   be   paid   in   monthly   payments   by   the   paymaster.1 
Sec.  1268  R.  S. 

675.  Mileage  to  be  computed  over  shortest  route. — From  and  after 
the  passage  of  this  act  mileage  of  officers  of  the  Army  shall  be  com- 
puted over  the  shortest  usually  traveled  routes  between  the  points 
named  in  the  order,  and  the  necessity  for  such  travel  in  the  military 
service  shall  be  certified  to  by  the  officer  issuing  the  order  and  stated 
in  the  order.2    Act  of  Mar.  3, 1883  (22  Stat.  456) . 

Dec.,  120.)     Such  officers  are  not  entitled  to  commutation  of  quarters.     (Id., 
506.) 

The  act  of  May  12,  1898,  which  limits  the  compensation  of  contract  surgeons 
to  $150  per  month,  by  implication  prohibits  the  payment  of  commutation  of 
quarters  to  contract  surgeons.  (6  Cornp.  Dec.,  403.)  An  officer  who  has  been 
relieved  from  duty  and  directed  to  proceed  to  his  home  to  await  orders  is  not 
entitled  to  commutation  of  quarters.  (Id.,  233.) 

1  For  instructions  respecting  the  payment  of  commissioned  officers  see  para- 
graphs 1256  to  1274,  Army  Regulations  of  1913. 

The  assignment  of  their  pay  accounts  by  Army  officers  after  the  same  become 
due  is  authorized  by  paragraph  1300  of  the  Army  Regulations  of  1895,  and  is 
legal.  (3  Comp.  Dec.,  45.) 

An  officer's  "  pay  account "  is  not  commercial  paper,  but,  in  its  legal  aspect, 
a  mere  receipt.  (Note  in  this  connection  the  opinion  of  the  Attorney-General, 
in  XVI  Opins.,  191,  to  the  effect  that  an  approved  account  or  voucher  issued  to 
a  contractor  for  an  amount  due  him  under  his  contract  is  "  not  in  any  proper 
sense  negotiable  paper.")*  So  held  that  a  bona  fide  assignee  of  an  officer's  pay 
account  for  a  certain  month,  who,  on  receiving  payment  thereon  from  a  pay- 
master, delivered  to  the  latter  the  account  with  his  name  written  on  the  back 
of  same,  did  not  thereby  incur  the  obligation  of  an  indorser,  or  render  himself 
liable  as  such  for  the  amount  to  the  paymaster,  on  its  being  ascertained  that 
the  officer  had  already  himself  drawn  his  pay  for  that  month,  and  that  a  double 
payment  had  thus  been  made.  (Dig.  Opin.,  J.  A.  G.,  p.  851,  B  4.) 

It  has  been  held  by  the  Comptroller  of  the  Treasury  that  the  allotment  of 
any  portion  of  the  pay  of  a  commissioned  officer  constituted  a  violation  of  the 
requirements  of  section  3477,  Revised  Statutes.  (6  Comp.  Dec.,  319.)  The 
statutes  authorizing  the  allotment  of  pay  have  exclusive  relation  to  enlisted 
men. 

2  Under  the  authority  conferred  by  the  act  of  March  2,  1901,  it  has  been 
decided  by  the  Secretary  of  War  that  "  traveling  with  troops,"  in  the  sense 
here  employed,  will  be  regarded  as  covering  all  cases  of  officers  included  in 
orders  for  movement  in  whatever  manner,  of  their  appropriate  commands  or 
in  orders  for  movement  of  detachments,  escorts,  or  stores  which  proceed  by 
marches  or  by  transportation  belonging  to  or  especially  hired  for  the  purpose 
by  the  United  States,  the  idea  being  that  in  marches  the  officers  should  move 
as  do  the  troops  and  that  where  transportation  is  specially  devoted  to  the  move- 
ment it  is  sufficient  for  all  included  therein.    But  the  term  will  not  be  regarded 
as  covering  cases  of  officers  included  in  the  movement  by  railroad,  stage,  or 
like  established  lines  of  conveyances;  of  detachments  of  less  than  ten  armed 
or  unarmed  men,  such  as  guards  and  nurses  for  disabled  or  insane  officers  or 
soldiers;  recruiting  parties  and  escorts  for  inspectors,  paymasters,  and  others, 
or  the  public  funds  or  property  in  their  charge,  or  of  officers  traveling  on  troop 
trains  or  transports,  but  not  ordered  to  report  to  the  commanding  officer  nor  on 
duty  with  the  troops  or  command  on  board,  and  such  officers  are  not  regarded 


MILITARY   LAWS   OF   THE   UNITED   STATES.  259 

676.  Same — To  be  computed  by  table  of  distances. — Payment  and 
settlement  of  mileage  accounts  of  officers  shall  be  made  according  to 
distances  computed  over  routes  established,  and  by  mileage  tables 
prepared  by  the  Paymaster-General  of  the  Army  under  the  direction 
of  the  Secretary  of  War.    Act  of  Mar.  2, 1901  (31  Stat.  901). 

677.  Same — Orders   involving   payment   of,   to   state   duty. — All 
orders  involving  the  payment  of  mileage  shall  state  the  special  duty 
enjoined.    Act  of  Aug.  6, 1894  (%$  Stat.  237). 

678.  Same — Rate  fixed  at  7  cents  per  mile. — Hereafter  officers, 
active  and  retired,  when  traveling  under  competent  orders  without 
troops,  and  retired  officers  who  have  so  traveled  since  March  third, 
nineteen  hundred  and  five,  shall  be  paid  seven1  cents  per  mile  and 
no  more;  distances  to  be  computed-and  mileage  to  be  paid  over  the 
shortest  usually  traveled  routes,  with  deduction  as  hereinafter  pro- 
vided; and  payment  and  settlement  of  mileage  accounts  of  officers 
shall  be  made  according  to  distances  and  deductions  computed  over 
routes  established  and  by  mileage  tables  prepared  by  the  Paymaster- 

as  traveling  with  troops  within  the  meaning  of  the  laws  and  regulations.  (G.  O. 
43,  A.  G.  O.,  1901.) 

For  act  of  March  2,  1901  (31  Stat.  901)  authorizing  the  Secretary  of  War  to 
determine  what  shall  constitute  travel  and  duty  without  troops  within  the 
meaning  of  the  laws  governing  the  payment  of  mileage  and  commutation  of 
quarters,  see  paragraph  671,  ante. 

1  Section  1273,  Revised  Statutes,  fixed  the  allowance  of  mileage  at  10  cents 
per  mile,  to  be  computed  over  the  nearest  post  route  and  to  be  paid  by  the  Pay 
Department  The  act  of  June  16,  1874  (18  Stat.  72),  discontinued  mileage  as 
a  method  or  reimbursement  for  expenses  incurred  in  traveling  on  duty,  and 
substituted  therefor  the  payment  of  actual  expenses  in  all  cases  of  travel  under 
orders.  This  provision  was  repeated  in  the  act  of  March  3,  1875  (18  Stat.  452). 
The  mileage  allowance  was  restored  and  fixed  at  the  rate  of  8  cents  per  mile 
by  the  act  of  July  24,  1876  (19  Stat.  97),  but  was  not  payable  when  actual 
transportation  had  been  furnished  by  the  Quartermaster's  Department,  or  in 
a  conveyance  owned  or  chartered  by  the  United  States,  or  on  any  railroad  over 
which  the  troops  and  supplies  of  the  United  States  were  entitled  to  be  trans- 
ported free  of  charge;  the  distance  in  each  case  was  to  be  computed  by  the 
shortest  usually  traveled  route.  Section  1273  was  repealed  by  the  act  of  July 
24,  1876,  above  cited.  The  act  of  March  3,  1883  (22  Stat.  456),  contained  the 
requirement  that  mileage  should  be  computed  over  the  shortest  usually 
traveled  routes  between  the  points  named  in  the  order  and  that  the  necessity 
for  travel  should  be  certified  to,  in  each  case,  in  the  order  directing  the  journey. 
The  act  of  June  30,  1886  (24  Stat.  95),  fixed  the  rate  of  mileage  at  4  cents 
per  mile,  and,  in  addition  thereto,  the  cost  of  transportation  actually  paid, 
exclusive  of  sleeping  and  parlor  car  fares.  The  act  of  February  9,  1887  (24 
Stat.  396),  contains  the  following  provision:  "That  in  disbursing  this  amount 
the  maximum  sum  to  be  allowed  and  paid  to  an  officer  shall  be  4  cents  per 
mile,  distance  to  be  computed  over  the  shortest  usually  traveled  routes,  and,  in 
addition  thereto,  upon  the  officer's  certificate  that  it  was  not  practicable  to 
obtain  transportation  from  the  Quartermaster's  Department  the  cost  of  the  trans- 
portation actually  paid  by  the  officer  over  said  route  or  routes,  exclusive  of 
sleeping  or  parlor  car  fare  and  transfers:  And  provided  further,  That  when 
any  officer  so  traveling  shall  travel  in  whole  or  in  part  on  any  railroads  on 
which  the  troops  and  supplies  of  the  United  States  are  entitled  to  be  transported 
free  of  charge  he  shall  be  allowed  for  himself  only  4  cents  per  mile  as  a 
subsistence  fund  for  every  mile  necessarily  traveled  over  any  such  last-named 
railroad.  All  the  money  hereinbefore  appropriated  except  the  appropriation 
for  mileage  to  officers  when  traveling  on  duty  without  troops  when  authorized 
by  law  shall  be  disbursed  and  accounted  for  by  the  Pay  Department  as  pay  of 
the  Army,  and  for  that  purpose  shall  constitute  one  fund,"  which  was  repeated 


260  MILITARY   LAWS   OF   THE   UNITED   STATES. 

General  of  the  Army  under  the  direction  of  the  Secretary  of  War. 
Act  of  June  12, 1906  (34  Stat.  246). 

in  the  acts  of  September  22,  1888  (25  Stat.  483),  March  2,  1889  (25  Stat.  827), 
June  13,  1890  (26  Stat.  151),  February  24,  1891  (26  Stat.  773),  July  14,  1892 
"(27  Stat.  177),  and  February  27,  1893.  The  acts  of  February  12,  1895  (28 
Stat.  657),  and  March  16,  1896  (29  id.,  60),  contain  the  same  requirements. 
The  act  of  March  2,  1897  (29  id.,  612,  614),  provided  that  actual  transporta- 
tion should  be  furnished  by  the  Quartermaster's  Department  to  officers 
traveling  under  orders,  and  that  mileage  only  should  be  paid  by  the  Pay  De- 
partment. The  act  of  March  15,  1898  (30  Stat.  318),  contained  the  require- 
ment that  "  the  maximum  sum  to  be  allowed  and  paid  to  any  officer  of  the  Army 
shall  be  7  cents  per  mile,  distances  to  be  computed  by  the  shortest  usually 
traveled  route."  By  the  act  of  March  3,  1899  (30  Stat.  1068),  the  foregoing 
requirement  was  made  permanent.  The  act  of  March  15,  1898,  also  contained 
the  proviso  that  "  officers  who,  by  reason  of  the  decision  of  the  accounting 
officers  of  the  Treasury,  have  been  compelled  to  pay  from  their  own  means  one- 
half  of  the  cost  of  their  travel  fare  over  railroads  known  as  fifty  per  centum 
railroads  shall  be  reimbursed  the  same  by  the  Pay  Department,  and  paymasters 
against  whom  disallowances  have  been  made  by  the  accounting  officers  of  the 
Treasury,  under  such  decision,  shall  have  the  amount  so  disallowed  passed  to 
their  credit."  For  requirements  of  regulation  in  respect  to  travel  on  the  public 
business,  see  paragraphs  68-75,  742,  800,  and  1507,  Army  Regulations  of  1913. 
(See  also  par.  7721,  post.) 

On  appeal  from  a  decision  of  the  Auditor  for  the  War  Department  disallow- 
ing, inter  alia,  a  claim  of  an  officer  serving  as  military  attache  abroad  for  reim- 
bursement for  the  amount  paid  by  him  for  the  transportation  of  his  baggage 
while  traveling  on  official  business  on  a  mileage  basis,  held  that  mileage  is  an 
allowance  in  the  nature  of  a  reimbursement  for  the  expenses  of  travel  incurred 
by  an  officer  traveling  under  competent  orders  on  public  business;  that  the 
mileage  law  (act  of  June  12,  1906,  34  Stat.  246)  expressly  provides— 

"  That  hereafter  officers  *  *  *  when  traveling  under  competent  orders 
without  troops  *  *  •*  shall  l)e  paid  7  cents  per  mile  and  no  more  *  *  *  "  ; 
that  the  mileage  so  authorized  is  intended  to  and  does  cover  every  ordinary 
and  reasonable  expense  of  travel,  including  any  cost  of  transportation  of  per- 
sonal baggage,  such  as  an  officer  usually  traveling  in  a  mileage  status  usually 
carries  with  him;  that  to  allow  the  claim  in  question  would  be  to  give  the 
officer  more  than  7  cents  a  mile,  contrary  to  the  provision  of  the  statute;  and 
that  the  regulations  authorizing  such  allowance  (pars.  1137  and  1153,  Regula- 
tions 1910)  are  directly  contrary  to  the  statute  and  without  legal  force  or  effect. 
(Asst.  Comp.  W.  W.  Warwick,  July  29,  1913.  Bulletin  No.  27,  Dig.  Opins.  J.  A. 
G.,  Aug.  11,  1913.) 

Held,  that  the  statute  having  limited  the  allowance  of  an  officer  traveling  un- 
der conditions  which  entitle  him  to  mileage  to  7  cents  per  mile  and  no  more, 
the  payment  of  anything  in  addition  for  the  transportation  of  his  personal 
baggage  while  so  traveling  was  not  authorized,  and  that  said  paragraph  1137  of 
the  Army  Regulations  was  contrary  to  law  and  without  legal  effect.  (Asst.  Comp. 
W.  W.  Warwick,  July  29,  1913.  Bulletin  No.  29,  Dig.  Opins.  J.  A.  G.,  Sept.  10, 
1913.) 

Held,  that  the  the  term  "  baggage "  had  two  significations :  First,  articles 
which  a  traveler  requires  or  takes  with  him  on  a  journey  for  his  personal  use  or 
convenience  and  with  reference  to  his  immediate  necessities  or  to  the  ultimate 
purposes  of  his  journey;  and,  second,  to  the  portable  equipment,  including  tents, 
clothing,  utensils,  and  other  necessaries  of  the  Army;  that  Congress,  in  appro- 
priating for  the  transportation  of  the  Army  and  its  supplies,  including  trans- 
portation of  the  troops  "  and  their  baggage,  and  the  cost  of  packing  and  crat- 
ing" the  same,  had  reference  to  the  latter  character  of  baggage,  which  was  the 
only  kind  of  baggage  for  which  the  law  had  made  provision  for  shipment  at 
public  expense,  except  as  personal  baggage  was  included  in  the  mileage  allow- 
ance ;  and  that  there  was  no  law  which  authorized  the  transportation  at  public 
expense  of  baggage  as  the  term  was  used  in  the  first  sense  under  any  circum- 
stances outside  of  the  mileage  allowance.  With  this  explanation  the  decision 
of  the  auditor  was  approved,  but  in  view  of  the  fact  that  payment  for  trans- 
portation of  baggage  in  the  personal  sense  had  been  the  long-continued  practice, 
payments  made  by  disbursing  officers  not  later  than  September  24,  1913,  being 
otherwise  correct,  would  be  passed  to  their  official  credit.  (Asst.  Comp.  W.  W. 
Warwick,  Sept.  19,  1913.  Bulletin  No.  31,  Dig.  Opins.  J.  A.  G.,  Oct.  10,  1913.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  261 

679.  Same — Where  station  is  changed  while  on  leave  of  absence. — 
When  the  station  of  an  officer  is  changed  while  he  is  on  leave  of  ab- 
sence he  will  on  joining  the  new  station  be  entitled  to  mileage  for  the 
distance  to  the  new  station  from  the  place  where  he  received  the  order 
directing  the  change,  provided  the  distance  be  no  greater  than  from 
the  old  to  the  new  station ;  but  if  the  distance  be  greater  he  will  be 
entitled  to  mileage  for  a  distance  equal  to  that  from  the  old  to  the 
new  station  only.    Act  of  June  12, 1906  (34  Stat.  247) . 

(This  paragraph  is  a   reenactment  of  similar  provisions  contained  in  the 
urgent  deficiencies  appropriation  act  of  February  27,  1907,  34  Stat.  32. ) 

680.  Same — Traveling  expenses  in  lieu  of,  on  instruction  jour- 
neys.— For  travel  expenses  of  officers  on  journeys  approved  by  the 
Secretary  of  War  and  made  for  the  purpose  of  instruction:  Pro- 
vided, That  the  traveling  expenses  herein  provided  for  shall  be  in 
lieu  of  mileage  and  other  allowances,     *     *     *     dollars.     Act  of 
Mar.  3, 1911  (36  Stat.  1056). 

681.  Actual  expenses  for  contract  and  dental  surgeons  in  Alaska. — 
Hereafter  actual  expenses  only,  not  to  exceed  four  dollars  and  fifty 
cents  per  day  and  cost  of  transportation  when  not  furnished  by 
the  Quartermasters'  Department,  shall  be  paid  to  the  officers  of  the 
Army,  contract  surgeons,  and  dental  surgeons,  when  traveling  on 
duty  without  troops,  under  competent  orders,  within  the  geographi- 
cal limits  of  the  Territory  of  Alaska.     Act  of  May  11,  1908  (35 
Stat.  114). 

682.  Actual  expenses  only  for  sea  travel. — For  all  sea  travel  actual 
expenses  only  shall  be  paid  to  officers,  contract  surgeons,  contract 
dental  surgeons,  and  veterinarians,  to  paymasters'  clerks,  and  to 
the  expert  accountant  of  the  Inspector- General's  Department,  when 
traveling  on  duty  under  competent  orders,  with  or  without  troops, 
and  the  amount  so  paid  shall  not  include  any  shore  expenses  at 
port  of  embarkation  or  debarkation;  but  for  the  purpose  of  deter- 
mining allowances  for  all  travel  under  orders,  or  for  officers  and 
enlisted  men  on  discharge,  travel  in  the  Philippine  Archipelago, 
the  Hawaiian  Archipelago,  the  home  waters  of  the  United  States, 
and  between  the  United  States  and  Alaska  shall  not  be  regarded  as 
sea  travel  and  shall  be  paid  for  at  the  rates  established  by  law  for 
land  travel  within  the  boundaries  of  the  United  States.     Act  of 
June  12, 1906  (34  Stat.  247). 

683.  Same — On  discharge. — For  sea  travel  on  discharge  actual  ex- 
penses only  shall  be  paid  to  officers  and  transportation  and  sub- 
sistence only  shall  be  furnished  to  enlisted  men.     Act  of  Mar.  2, 
1901  (31  Stat.  903). 

684.  Travel   allowances   on   discharge,   except   as   punishment. — 
Hereafter  when  an  officer  shall  be  discharged  from  the  service,  ex- 
cept by  way  of  punishment  for  an  offense,  he  shall  receive  for  travel 


262  MILITARY   LAWS   OF    THE   UNITED   STATES. 

allowances  from  the  place  of  his  discharge  to  the  place  of  his  resi- 
dence at  the  time  of  his  appointment  or  to  the  place  of  his  original 
muster  into  the  service  four  cents  per  mile.1  Id.,  902. 

685.  Transportation  in  kind,  on  request. — Officers  who  so  desire 
may,  upon  application  to  the  Quartermaster's  Department,  be  fur- 
nished under  their  orders  transportation  requests  for  the  entire  jour- 
ney by  land,  exclusive  of  sleeping  and  parlor  car  accommodations, 
or  by  w^ater ;  and  the  transportation  so  furnished  shall,  if  travel  was 
performed  under  a  mileage  status,  be  a  charge  against  the  officer's 
mileage  account,  to  be  deducted  at  the  rate  of  three  cents  per  mile 
by  the  paymaster  paying  the.  account,  and  of  the  amount  so  de- 
ducted there  shall  be  turned  over  to  an  authorized  officer  of  the  Quar- 
termaster's Department  three  cents  per  mile  for  transportation  fur- 
nished, except  over  any  railroad  which  is  a  free  or  fifty  per  centum 
land-grant  railroad,  for  the  credit  of  the  appropriation  for  the  trans- 
portation of  the  Army  and  its  supplies.     Act  of  June  12,  1906  (34 
Stat.246). 

686.  Travel  over  bond-aided  roads. — When  the  established  route 
of  travel  shall,  in  whole  or  in  part,  be  over  the  line  of  any  railroad 
on  which  the  troops  and  supplies  of  the  United  States  are  entitled 
to  be  transported  free  of  charge,  or  over  any  fifty  per  centum  land- 
grant  railroad,  officers  traveling  as  herein  provided  for  shall,  for  the 
travel  over  such  roads,  be  furnished  with  transportation  requests, 
exclusive  of  sleeping  and  parlor  car  accommodations,  by  the  Quarter- 
master's Department.    Act  of  June  12, 1906  (34  Stat.  2^6} .,  amending 
the  act  of  Mar.  2, 1901  (31  Stat.  902). 

687.  Same — Deduction. — When  transportation  is  furnished  by  the 
Quartermaster's  Department,  or  when  the  established  route  of  travel 
is  over  any  of  the  railroads  above  specified,  there  shall  be  deducted 
from  the  officer's  mileage  account  by  the  paymaster  paying  the  same 
three  cents  per  mile  for  the  distance  for  which  transportation  has 

1  An  officer  who  voluntarily  quits  the  military  service  is  not  entitled  to  travel 
pay.  (1  Comp.  Dec.,  370.) 

An  officer  whose  resignation,  tendered  on  the  ground  of  physical  ./disability,  is 
accepted,  becomes  entitled  to  travel  pay,  provided  the  disability  did  not  exist 
at  the  time  of  his  entering  the  service,  or  was  nor  incurred  on  accounr  of  liirf 
own  misconduct  during  service.  The  length  of  service  is  material  evidence  in 
determining  whether  the  disability  existed  prior  to  entry  into  the  service.  (Id.) 

Under  section  1289  of  the  Revised  Statutes  an  officer  of  the  Volunteer  Army  is 
entitled  to  travel  pay  from  the  place  of  his  discharge  to  the  place  where  he 
accepted  his  appointment,  but  is  not  entitled  to  mileage  on  his  discharge.  (5 
Comp.  Dec.,  113.) 

An  officer  or  soldier  who  is  discharged  for  his  own  convenience  is  not  entitled 
to  travel  pay  or  allowances.  (Id.,  113.) 

An  officer  who  is  ordered  to  proceed  to  his  home  and  is  discharged,  to  take 
effect  at  a  subsequent  date,  is  entitled  to  mileage,  but  not  to  travel  pay.  (Id., 
87.  See  also  id.,  705.) 

An  order  retiring  an  officer  from  active  service  in  the  Army,  which  contains 
no  direction  for  him  to  proceed  to  his  home,  can  not  be  regarded  as  an  order 
directing  him  to  perform  the  journey  so  as  to  confer  a  right  to  mileage.  (4 
id.,  175.) 


MILITARY   LAWS   OP   THE    UNITED   STATES.  263 

been  or  should  have  been  furnished.1    Act  of  Mar.  0,  1901  (31  Stat. 
902). 

688.  Mileage,  restrictions  upon  expenditure  of  appropriation  for, 
on  inspections  and  investigations.  —  Hereafter  no  portion  of  the 
appropriation  for  mileage  to  officers  traveling  on  duty  without 
troops  shall  be  expended  for  inspections  or  investigations,  except 
such  as  are  especially  ordered  by  the  Secretary  of  War,  or  such  as 
are  made  by  army  and  department  commanders  in  visiting  their 
commands,  and  those  made  by  Inspector-  General's  Department  in 
pursuance  of  law,  army  regulations,  or  orders  issued  by  the  Secre- 
tary of  War  or  the  Commanding  General  of  the  Army;  and  all 
orders  involving  the  payment  of  mileage  shall  state  the  special  duty 
enjoined.2  Act  of  Aug.  6,  18,94  (28  Stat. 


*The  act  of  May  26,  1900  (31  Stat.  210),  contained  the  following  provision: 
"  For  traveling  expenses  and  commutation  of  quarters  for  civilian  physicians 
employed  by  the  Surgeon-General,  one  thousand  five  hundred  dollars." 

2  It  is  a  well-established  fact  that  persons  traveling  on  Government  business 
are  entitled  to  be  reimbursed  for  their  expenses.  This  is  done  either  by  a 
mileage  allowance,  a  fixed  sum  as  a  commutation  of  expenses,  or  an  itemized 
statement  showing  actual  expenses.  Prior  to  1874  mileage  was  the  most  usual 
measure  of  allowances.  (4  Comp.  Dec.  421.)  Mileage  is  a  form  of  reimburse- 
ment, and  "public  business"  is  the  foundation  on  which  it  rests.  (Perrimond 
v.  U.  S.,  19  Ct.  Cls.,  509.)  Allowances  for  travel  and  subsistence  are  payable 
to  officers  and  agents  of  the  United  States  only  when  they  are  employed  at 
other  places  than  their  places  of  residence.  (Test  v.  U.  S.,  id.,  357.)  In  fact. 
mileage  is  merely  a  commutation  for  traveling  expenses.  (U.  S.  v.  Smith,  158 
U.  S.,  350.) 

The  mileage  allowance  to  an  officer  of  the  Army  on  the  active  list  is  fixed 
by  law,  the  law  in  effect  at  the  time  the  travel  is  performed  and  not  the  law  in 
effect  when  the  order  for  the  travel  is  issued.  (1  Comp.  Dec.,  29.) 

Except  in  cases  of  emergency,  the  right  to  mileage  can  not  be  conferred  by 
an  order  issued  after  the  journey  has  been  performed.  (4  Comp.  Dec.,  175.) 
The  law  and  regulations  requiring  a  specific  order  prior  to  the  commencement 
of  the  journey  must  be  strictly  complied  with,  and  the  officer  must  make  the 
journey  within  a  reasonable  time  in  accordance  with  the  order  to  acquire  a 
right  to  mileage.  (Id.) 

An  order  to  travel  to  a  designated  point,  perform  certain  duty  and  return,  is, 
in  effect,  two  distinct  orders,  and  the  mileage  allowances  for  each  trip  is  fixed 
by  the  law  at  the  time  the  travel  in  each  case  was  commenced.  (1  Coinp. 
Dec.,  29.) 

It  is  not  necessary  that  an  order  to  travel  should  specifically  designate  places 
and  routes.  It  may  leave  them  to  the  discretion  of  the  officer,  and  the  subse- 
quent approval  of  the  Department  will  be  conclusive  upon  the  accounting  officers. 
(Billings  v.  U.  S.,  23  Ct.  Cls.,  166.)  If  public  business  was  an  element  in  an 
officer's  circuity  of  route,  he  is  entitled  to  mileage  therefor;  if  it  was  not,  the 
Government  is  not  answerable  for  the  increased  distance.  (Du  Rose  v.  U.  S., 
19  Ct.  Cls.,  514.) 

Where  the  route  is  left  to  the  discretion  of  the  officer,  his  mileage  should  be 
calculated  by  the  shortest  usually  traveled  route,  unless  some  good  reason  be 
shown  for  deviation.  (Crosby  v.  U.  S.,  22  Ct.  Cls.,  13,  2  Comp.  Dec.,  544.) 

The  question  as  to  the  shortest  usually  traveled  route  between  any  two 
points  is  a  question  of  fact,  and  to  be  determined  by  the  best  obtainable  evi- 
dence. *  *  *  The  time  required  in  making  the  journey,  the  rates  of  fare, 
and  the  fact  that  an  officer  should  be  absent  from  his  post  of  duty  for  the 
shortest  possible  period  are  important  elements  in  determining  the  shortest 
usually  traveled  route  in  any  particular  case. 

Evidence  should  accompany  the  voucher  on  which  payment  is  made,  to  estab- 
lish the  fact  that  the  distance  is  computed  by  the  route  which,  for  the  time  and 
occasion,  is  the  shortest  usually  traveled  route.  Mileage  can  in  no  case  be 
allowed  for  any  distance  in  excess  of  the  distance  actually  traveled,  and  if  the 


264  MILITARY   LAWS   OF    THE   UNITED   STATES. 

689.  Disbursements  to  be  made  by  the  Quartermaster  Corps. — All 
the  money  hereinbefore  appropriated  for  pay  of  the  Army  and  mis- 
cellaneous, except  the  appropriation  for  mileage  of  officers,  dental 
surgeons,  contract  surgeons,  veterinarians,  pay  clerks,  and  expert 
accountant  Inspector  General's  Department,  when  authorized  by  law, 
shall  be  disbursed  and  accounted  for  by  officers  of  the  Quartermaster 
Corps  as  pay  of  the  Army,  and  for  that  purpose  shall  constitute  one 
fund.1    Act  of  Apr.  27, 1914  (38  Stat.  359). 

690.  Repairs  to  arms,  etc. — The  cost  of  repairs  or  damages  done  to 
arms,  equipments,  or  implements  shall  be  deducted  from  the  pay  of 

distance  actually  traveled  exceed  the  distance  by  the  shortest  usually  traveled 
route,  mileage  can  be  allowed  only  for  the  distance  by  the  shortest  usually 
traveled  route.  (1  Comp.  Dec.,  115.) 

The  mileage  of  an  officer  of  the  Army  is  to  be  computed  by  the  shortest  usu- 
ally traveled  route  regardless  of  the  number  of  miles  actually  traveled,  unless 
the  orders  under  which  he  travels,  or  the  necessities  of  the  service  (and  not 
the  mere  convenience  of  the  officer),  require  the  use  of  a  route  longer  than  that 
usually  traveled.  (2  id.,  544.  See  also  1  id.,  118,  209 ;  4  id.,  74 ;  5  id.,  196.) 

When  it  appears  that  an  army  officer  was  directed  to  travel  on  military  duty 
and  had  no  order  to  stop  over,  or  delay  on  his  journey,  it  must  be  presumed  by 
the  accounting  officers  that  he  was  directed  to  go  by  the  shortest  usually  trav- 
eled route,  without  unnecessary  delay,  and  he  will  be  allowed  only  the  cost  of 
"  through  limited  tickets  "  for  such  travel.  The  accounting  officers  look  to  the 
officer's  orders  as  to  the  necessity  for  delay  en  route,  not  questioning  the  au- 
thority of  the  War  Department  to  determine  whether  the  officer's  duty  requires 
that  he  shall  stop  over  on  his  journey.  (3  Dig.  Dec.,  2d  Comp.,  par.  1426.) 

The  law  relating  to  the  cost  of  transportation  contemplates  that  army  officers 
traveling  on  duty  without  troops  shall  travel  over  the  usually  traveled  routes 
in  the  mode  usually  adopted  and  by  the  conveyances  usually  employed.  The 
exigencies  of  the  service  should  be  of  an  unusual  character,  not  admitting  of 
even  the  possibility  of  delay,  to  justify  the  officer  in  engaging  the  more  costly 
transportation  on  fast  or  limited  trains.  (Id.,  1429.) 

An  officer  ordered  home,  at  his  own  request,  to  await  orders,  is  entitled  to 
mileage  from  his  post  to  his  home,  such  a  journey  constituting  travel  under 
orders.  (Williamson  v.  U.  S.,  23  Wall.,  411;  Phisterer  v.  U.  S.,  12  Ct.  Cls.,  98, 
and  94  U.  S.,  219.)  Where  an  officer  who  has  received  but  has  not  yet  taken 
advantage  of  a  leave  of  absence  is  ordered  to  convey  prisoners  to  another  post 
his  leave  is  to  that  extent  suspended,  and  he  is  entitled  to  mileage.  (Andrews  v. 
U.  S.,  15  Ct.  Cls.,  264.) 

The  Army  Regulations  provide  that  the  expiration  of  an  officer's  leave  of  ab- 
sence must  find  him  at  his  station.  His  station  means  his  permanent  station, 
not  a  place  to  which  he  was  temporarily  ordered  and  at  which  he  accepted  his 
leave  of  absence.  (Andrews  v.  U.  S.,  15  Ct.  Cls.,  264.)  An  officer's  proper  sta- 
tion can  not  be  changed  by  his  being  ordered  to  perform  a  temporary  duty 
while  on  leave  of  absence.  (Id.)  If  an  officer  on  leave  of  absence  be  ordered  to 
temporary  duty  at  the  place  where  he  may  happen  to  be,  and  he  be  kept  there 
until  after  his  leave  of  absence  expires  and  then  be  ordered  to  his  proper  sta- 
tion, he  will  not  be  entitled  to  mileage.  (Barr  v.  U.  S.,  14  Ct.  Cls.,  272.) 

An  officer  who  voluntarily  quits  the  military  service  is  not  entitled  to  travel 
pay.  (1  Comp.  Dec.,  370.) 

An  officer  whose  resignation,  tendered  on  the  ground  of  physical  disability, 
is  accepted,  becomes  entitled  to  travel  pay,  provided  the  disability  did  not  exist 
at  the  time  of  his  entering  the  service,  or  was  not  incurred  on  account  of  his 
own  misconduct  during  service.  The  length  of  service  is  material  evidence  in 
determining  whether  the  disability  existed  prior  to  entry  into  the  service.  (Id.) 

The  expense  for  transportation  to  a  point  not  located  on  a  railroad  incurred 
by  an  officer  of  the  Inspector-General's  Department  in  inspecting  unserviceable 
river  and  harbor  material,  is  properly  payable  from  the  appropriation  for  the 
river  and  harbor  work.  (3  Comp.  Dec.,  3.) 

*A  similar  provision  first  appeared  in  the  act  of  June  30,  1886  (24  Stat.  95), 
and  similar  provisions  have  occurred  in  subsequent  acts  of  appropriation  for 
the  support  of  the  Army,  especially  the  act  of  May  11,  1908  (35  Stat.  115). 


MILITARY   LAWS   OF    THE   UNITED   STATES.  265 

any  officer  or  soldier  in  whose  care  or  use  the  same  were  when  such 
damages  occurred,  if  said  damages  were  occasioned  by  the  abuse  or 
negligence  of  said  officer  or  soldier.  Sec.  1303,  R.  S. 

691.  Deficiency  in  articles  of  military  supplies. — In  case  of  de- 
ficiency of  any  article  of  military  supplies,  on  final  settlements  of  the 
accounts  of  any  officer  charged  with  the  issue  of  the  same,  the  value 
thereof  shall  be  charged  against  the  delinquent  and  deducted  from 
his  monthly  pay,  unless  he  shall  show  to  the  satisfaction  of  the  Secre- 
tary of  War,  by  one  or  more  depositions  setting  forth  the  circum- 
stances of  the  case,  that  said  deficiency  was  not  occasioned  by  any 
fault  on  his  part.    And  in  case  of  damage  to  any  military  supplies, 
the  value  of  such  damage  shall  be  charged  against  such  officer  and 
deducted  from  his  monthly  pay,  unless  he  shall,  in  like  manner,  show 
that  such  damage  was  not  occasioned  by  any  fault  on  his  part.1    Sec. 
1304,  R.  S. 

692.  Rations,  etc.,  purchased  on  credit. — The  amount  due  from  any 
officer  for  rations  purchased  on  credit,  or  for  any  article  designated 
by  the  inspectors-general  of  the  Army  and  purchased  on  credit  from 
commissaries  of  subsistence,  shall  be  deducted  from  the  payment 
made  to  such  officer  next  after  such  purchase  shall  have  been  reported 
to  the  Paymaster-General.    Sec.  1299,  R.  S. 

693.  Arrearages  due  United  States. — No  money  shall  be  paid  to 
any  person  for  his  compensation  who  is  in  arrears2  to  the  United 
States  until  he  has  accounted  for  and  paid  into  the  Treasury  all 
sums  for  which  he  may  be  liable.     In  all  cases  where  the  pay  or 
salary  of  any  person  is  withheld  in  pursuance  of  this  section,  the 
accounting  officers  of  the  Treasury,  if  required  to  do  so  by  the  party, 
his  agent  or  attorney,  shall  report  forthwith  to  the  Solicitor  of  the 
Treasury  the  balance  due;  and  the  Solicitor  shall,  within  sixty  days 

1  The  power  given  to  the  Secretary  of  War  to  order  a  stoppage  of  pay  against 
a  delinquent  officer  is  exclusive  and  discretionary,  but  is  not  to  be  asserted 
against  an  officer  acting  under  an  order  which  he  is  bound  to  obey,  and  as  to 
which  he  is  expressly  relieved  from  personal  liability.  Such  an  abuse  of  power 
would  not  tend  to  preserve  but  to  subvert  military  order  and  discipline.  The 
refusal  of  the  Secretary  of  War  to  stop  an  officer's  pay  is  not  a  decision  upon 
the  merits ;  it  will  not  bind  the  Government  nor  preclude  the  Comptroller  from 
causing  a  suit  to  be  brought  against  the  officer;  it  merely  determines  that  the 
officer  is  so  far  without  fault  that  the  harsh  and  summary  remedy  of  stop- 
ping his  pay  should  not  be  resorted  to.  (Smith  v.  U.  S.,  24  Ct.  Cls.,  209,  215; 
Billings  v.  U.  S.,  23  id.,  166,  175.) 

8  Persons  in  "  arrears,"  are  only  such,  as  having  previous  transactions  of  a 
pecuniary  nature  with  the  Government,  are  found,  upon  the  settlement  of  these 
transactions,  to  be  in  arrears  to  it.  (Ill  Opin.  Att.  Gen.,  52.)  This  section  only 
applies  to  cases  in  which  the  party  who  claims  compensation  is  liable  to  the 
United  States.  (Hedrick  v.  U.  S.,  16  Ct.  Cls.,  88.) 

The  phrase  "  who  is  in  arrears  to  the  United  States,"  contained  in  the  act  of 
January  25,  1828  (sec.  1766,  Revised  Statutes),  applies  only  to  persons  who, 
having  had  previous  transactions  of  a  pecuniary  nature  with  the  Government, 
are  found  upon  the  settlement  of  those  transactions,  to  be  in  arrears.  (Ill 
Opin.  Att.  Gen.,  52.)  Where  an  officer  of  the  Army  assigned  his  pay  accounts  in 
payment  of  certain  indebtedness,  which  accounts  the  Paymaster-General  de- 
clined to  pay,  for  the  reason  that,  n  the  maturity  thereof,  the  officer  was  in 


266  MILITARY    LAWS   OF    THE    UNITED    STATES. 

thereafter,  order  suit  to  be  commenced  against  such  delinquent  and 
his  sureties.1  Sec.  1766,  R.  S. 

694.  Same — When  admitted  or  shown  ~by  judgment  of  court. — The 
pay  of  officers  of  the  Army  may  be  withheld  under  section  seventeen 
hundred  and  sixty-six  of  the  Revised   Statutes  on  account  of  an 
indebtedness  to  the  United  States  admitted  or  shown  by  the  judg- 
ment of  a  court,  but  not  otherwise,  unless  upon  a  special  order  issued 
according  to  the  discretion  of  the  Secretary  of  War.2     Act  of  July 
16,1892  (27  Stat.177). 

695.  Rates  of  pay  of  master  electricians,  noncommissioned  officers, 
etc. — Hereafter  the  monthly  pay  of  enlisted  men  of  the  Army  during 
their  first  enlistment  shall  be  as  follows,  namely :  Master  electricians, 
master  signal  electricians,  seventy-live  dollars ;  engineers,  sixty-five 
dollars ;  sergeants  first  class  Hospital  Corps,  fifty  dollars ;  regimental 
sergeants-major,     regimental     quartermaster- sergeants,     regimental 
commissary-sergeants,  sergeants-major  senior  grade  coast  artillery, 
battalion  sergeants-major  of  engineers,  post  quartermaster-sergeants, 
post  commissary-sergeants,  post  ordnance-sergeants,  battalion  quar- 
termaster-sergeants   of    engineers,    electrician-sergeants    first    class, 
sergeants  first   class   Signal   Corps,   and   first   sergeants,    forty-five 
dollars;  battalion   sergeants-major  of  infantry  and  field   artillery, 
squadron  sergeants-major,  sergeants-major  junior  grade  coast  artil- 
lery, battalion  quartermaster-sergeants,  field  artillery,  and  master 
gunners,  forty  dollars ;  electrician-sergeants  second  class,  sergeants  of 
engineers,  ordnance,  and  Signal  Corps,  quartermaster-sergeants  of 
engineers,  and  color-sergeants,  thirty-six  dollars ;  sergeants  and  quar- 
termaster-sergeants of  cavalry,  artillery,  and  infantry,   stable-ser- 
geants, sergeants,  and  acting  cooks  of  the  Hospital  Corps,  firemen, 
and  cooks,  thirty  dollars.3     Act  of  May  11,  1908  (35  Stat.  109). 

696.  Same — Indian  scouts. — Indians,  enlisted  or  employed  by  order 
of  the  President  as  scouts,  shall  receive  the  pay  and  allowances  of 
cavalry  soldiers.     That  so  much  of  the  army  appropriation  act  of 
twenty-fourth  July,  eighteen  hundred  and  seventy-six,  as  limits  the 
number  of  Indian  scouts  to  three  hundred  is  hereby  repealed;  and 
sections  ten  hundred  and  ninety-four  and  eleven  hundred  and  twelve 

arrears  to  the  United  States;  held  that  the  refusal  of  the  Paymaster-General 
was  in  accordance  with  section  1766  of  the  Revised  Statutes.  (XVII  Opin.  Att. 
Gen.,  30.) 

1  See,  as  to  effect  on  sureties,  XX  id.,  447:  This  section  does  not  apply  to 
original  vacancies.     (XVIII  id.,  28;  see,  also,  XVII  id.,  476.) 

2  Section  1766,  Revised  Statutes,  which  prescribes  that  "  no  money  shall  be 
paid  to  any  person  for  his  compensation  who  is  in  arrears  to  the  United  States, 
until  he  has  accounted  for  and  paid  into  the  Treasury  all  sums  for  which  he 
may  be  liable,"  has  not  in  practice  been  so  strictly  construed  as  to  preclude  the 
making  of   stoppages   against   the   pay  of  officers  and   enlisted   men   in   such 
monthly  amounts  as  to  leave  a  margin  for  necessary  living  expenses.     Thus 
where  the  stoppage  against  an  enlisted  man  was  $100,  advised  that  it  be  col- 
lected at  the  rate  of  $10  per  month.     (Dig.  Opins.  J.  A.  G.,  p.  865,  B2.) 

8  For  pay  and  allowances  of  the  female  nurse  corps,  hospital  matrons,  and 
the  hospital  corps,  see  chapter  on  the  Medical  Department. 


MILITARY   LAWS   OF    THE    UNITED   STATES.  267 

of  the  Revised  Statutes,  authorizing  the  employment  of  one  thousand 
Indian  scouts,  are  hereby  continued  in  force:  Provided,  That  a  pro- 
portionate number  of  noncommissioned  officers  may  be  appointed. 
And  the  scouts,  when  they  furnish  their  own  horses  and  horse  equip- 
ments, shall  be  entitled  to  receive  forty  cents  per  day  for  their  use 
and  risk  so  long  as  thus  employed.  Sec.  1276,  R.  S.  As  amended  by 
act  of  Aug.  12, 1876  (19  Stat.  131). 

697.  Same — Mess  sergeants,  corporals,  mechanics,  etc. — Mess  ser- 
geants shall  receive  six  dollars  per  month  in  addition  to  their  pay; 
corporals  of  engineers,  ordnance,  Signal  Corps,  and  Hospital  Corps, 
chief  mechanics,  and  mechanics,  coast  artillery,  twenty-four  dollars; 
corporals  of  cavalry,  artillery,  and  infantry,  mechanics  of  field  artil- 
lery, blacksmiths  and  farriers,  saddlers,  wagoners,   and   artificers, 
twenty-one  dollars.    Act  of  May  11, 1908  (35  Stat.  109) . 

698.  Same — Blacksmiths,  farriers,  privates,  etc. — Not  to  exceed  one 
blacksmith  and  farrier  in  each  troop  of  cavalry  and  one  mechanic  in 
each  battery  of  field  artillery  shall  receive  nine  dollars  per  month 
additional  for  performing  the  duty  of  horseshoer;  privates  first  class 
of  engineers,  ordnance.  Signal  Corps,  and  Hospital  Corps,  eighteen 
dollars;  privates,  Hospital  Corps,  sixteen  dollars;  trumpeters,  musi- 
cians of  infantry,  artillery,  and  engineers,  privates  of  cavalry,  artil- 
lery, infantry,  Signal  Corps,  and  private  second  class,  engineers  and 
ordnance,  fifteen  dollars.    Id. 

699.  Same — Marksmen,  classifications  of. — Hereafter  enlisted  men 
now  qualified  or  hereafter  qualifying  as  marksmen  shall  receive  two 
dollars  per  month ;  as  sharpshooters,  three  dollars  per  month ;  as  ex- 
pert riflemen,  five  dollars  per  month;  as  second-class  gunners,  two 
dollars  per  month ;  as  first-class  gunners,  three  dollars  per  month ;  as 
gun  pointers,  gun  commanders,  observers  second  class,  chief  planters 
and  chief  loaders,  seven  dollars  per  month ;  as  plotters,  observers  first 
class,  and  casemate  electricians,  nine  dollars  per  month,  all  in  addi- 
tion to  their  pay,  under  such  regulations  as  the  Secretary  of  War  may 
prescribed,  but  no  enlisted  man  shall  receive  at  the  same  time  addi- 
tional pay  for  more  than  one  of  the  classifications  named  in  this  sec- 
tion.   Id.  (35  Stat.  1/0). 

700.  Same — Number  of  gun  pointers,  etc.,  not  to  be  increased. — 
Nothing  in  this  Act  shall  be  construed  to  increase  the  total  number 
of  gun  pointers,  gun  commanders,  observers,  chief  planters,  chief 
loaders,    plotters,    and    casemate    electricians    now    authorized    by 
law.    Id. 

701.  Same — Enlisted  men  of  bands. — Hereafter  the  monthly  pay 
during  the  first  enlistment  of  enlisted  men  of  bands,  exclusive  of  the 
band  of  the  United  States  Military  Academy,  shall  be  as  follows: 

Chief   musicians,    seventy-five   dollars;    principal   musicians    and 
chief  trumpeters,  forty  dollars;  sergeants  and  drum-majors,  thirty- 


268  MILITARY    LAWS    OF    THE   UNITED   STATES. 

six  dollars;  corporals,  thirty  dollars;  and  privates,  twenty-four  dol- 
lars; and  the  continuous- service  pay  of  all  grades  shall  be  as  pro- 
vided in  this  Act:  Provided,  That  army  bands  or  members  thereof 
shall  not  receive  remuneration  for  furnishing  music  outside  the  lim- 
its of  military  posts  when  the  furnishing  of  such  music  places  them 
in  competition  with  local  civilian  musicians.  Id. 

702.  Same — Not  to  be  construed  as  to  reduce  that  of  any  officer 
or  enlisted  man. — Nothing  herein  contained  shall  be  construed  so  as 
to  reduce  the  pay  or  allowance  now  authorized  by  law  for  any  officer 
or  enlisted  man  of  the  Army;  and  all  laws  or  parts  of  laws  incon- 
sistent with  the  provisions  of  this  Act  are  hereby  repealed.    Id. 

703.  Same — Horseshoer. — One  of  the  tAvo  "blacksmiths  and  far- 
riers" now  authorized  by  law  for  each  troop  of  cavalry  shall  here- 
after be  designated  as  "  horseshoer  "  and  receive  the  pay  otf  a  sergeant 
of  cavalry,  and  the  other  shall  hereafter  be  designated  as  "  farrier  " 
and  receive  the  pay  of  a  corporal  of  cavalry;  and  that  one  of  the 
"mechanics"  now  authorized  by  law  for  each  battery  of  field  ar- 
tillery shall  hereafter  be  designated  as  "  horseshoer  "  and  receive  the 
pay  of  a  sergeant  of  artillery.     Act  of  Mar.  *23,  1910  (36  Stat.  245). 

704.  Detachments   at  recruiting   stations   and  prisons — Pay   and 
allowances  of. — Hereafter  the  Secretary  of  War  shall  be  authorized 
to  detach  from  the  Army  at  large  such  number  of  enlisted  men  as 
may  be  necessary  to  perform  duty  at  the  various  recruit  depots  and 
the  United  States  military  prison,  and  of  the  enlisted  men  so  de- 
tached, and  while  performing  such  duty,  there  shall  be  allowed  for 
each  depot  and  the  prison  one  who  shall  have  the  rank,  pay,  and 
allowances  of  battalion  or  squadron  sergeant-major,  and  for  each 
recruit  and  prison  company  one  who  shall  have  the  rank,  pay,  and 
allowances  of  first  sergeant,  five  the  rank,  pay,  and  allowances  of 
sergeant,  and  six  the  rank,  pay,  and  allowances  of  corporal,  of  the 
arm  of  the  service  to  which  they  respectively  belong.     Act  of  June 
12,  1906  (34  Stat.  2J$). 

705.  Same — Increase  in  time  of  war. — In  time  of  war  the  pay 
proper  of  enlisted  men  shall  be  increased  twenty  per  centum  over 
and  above  the  rates  of  pay  as  fixed  by  law.1    Sec  6,  Act  of  Apr.  26, 
1898  (30  Stat.  365). 

706.  Bonus  for  reenlistment. — Hereafter  any  private  soldier,  mu- 
&ician  or  trumpeter  honorably  discharged  at  the  termination  of  his 
first  enlistment  period  who  reenlists  within  three  months  of  the  date 
of  said  discharge  shall,  upon  such  reenlistment,  receive  an  amount 

1  It  has  been  decided  by  the  Comptroller  of  the  Treasury  that  the  increase  of 
20  per  cent  authorized  by  section  tf  of  the  act  of  April  26,  1898,  is  to  be  com- 
puted upon  the  minimum  rates  of  pay,  or  pay  proper,  allowed  by  law  to  the 
several  grades  of  enlisted  men.  All  increases  in  or  additions  to  the  pay  of 
enlisted  men,  as  for  reenlistment,  length  of  service,  certificates  of  merit,  and 
the  like  are  to  be  excluded  from  the  computation.  (4  Comp.  Dec.,  668.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  269 

equal  to  three  months'  pay  at  the  rate  he  was  receiving  at  the  time 
of  his  discharge.     Act  of  May  11,  1908  (35  Stat.  110). 

707.  Same — Retained  pay. — Hereafter  no  pay  shall  be  retained: 
but  this  provision  shall  not  apply  to  deductions  authorized  on  account 
of  the  Soldiers'  Home.1    Act  of  Mar.  16, 1896  (29  Stat.  60) . 

708.  Same — Continuous  service. — Hereafter  any  soldier  honorably 
discharged  at  the  termination  of  an  enlistment  period  who  reenlists 
within  three  months  thereafter  shall  be  entitled  to  continuous- service 
pay  as  herein  provided,  which  shall  be  in  addition  to  the  initial  pay 
provided  for  in  this  Act  and  shall  be  as  follows,  namely :  For  those 
whose  initial  pay  as  provided  herein  is  thirty-six  dollars  or  more  an 
increase  of  four  dollars  monthly  pay  for  and  during  the  second  en- 
listment, and  a  further  increase  of^four  dollars  for  and  during  each 
subsequent  enlistment  up  to  and  including  the  seventh,  after  which 
the  pay  shall  remain  as  in  the  seventh  enlistment.     For  those  whose 
initial  pay  as  provided  for  herein  is  eighteen,  twenty-one,  twenty- 
four,  or  thirty  dollars,  an  increase  of  three  dollars  monthly  pay  for 
and  during  the  second  enlistment,  and  a  further  increase  of  three 
dollars  for  and  during  each  subsequent  enlistment  up  to  and  includ- 
ing the  seventh,  after  which  the  pay  shall  remain  as  in  the  seventh 
enlistment.     For  those  whose  initial  pay  as  provided  for  herein  is 
fifteen  and  sixteen  dollars,  an  increase  of  three  dollars  monthly  pay 
for  and  during  the  second  and  third  enlistments  each,  and  a  further 
increase  of  one  dollar  for  and  during  each  subsequent  enlistment  up 
to  and  including  the  seventh,  after  which  the  pay  shall  remain  as  in 
the  seventh  enlistment.     Act  of  May  11,  1908   (35  Stat.  109). 

'For  act  of  May  11,  1908  (35  Stat  110),  repealing  the  authorized  deduction 
from  the  pay  of  enlisted  men  for  the  benefit  of  the  Soldiers'  Home,  see  paragraph 
721,  post. 

By  the  acts  of  May  15,  1872  (17  Stat.  116,  sec.  1281,  Revised  Statutes),  and 
June  16,  1890  (26  id.,  157),  certain  portions  of  the  monthly  pay  of  enlisted  men 
were  retained  by  the  United  States.  The  sums  so  retained  were  paid  to  the 
soldier  at  discharge,  with  interest  at  the  rate  of  4  per  cent  per  annum  from  the 
several  dates  of  retention,  provided  the  service  of  the  soldier  had  been  honest 
and  faithful,  and  the  Secretary  of  War  was  authorized  to  determine  what  mis- 
conduct on  the  part  of  the  soldier  should  "  constitute  a  failure  to  render 
honest  and  faithful  service  "  within  the  meaning  of  the  statute.  It  was  pro- 
vided, however,  that  "  no  soldier  who  has  deserted  at  any  time  during  the  term 
of  an  enlistment  shall  be  deemed  to  have  served  such  term  honestly  and  faith- 
fully "  (26  Stat.  157).  The  practice  of  retaining  pay  was  discontinued  as  to 
enlisted  men  in  the  first  year  of  their  enlistments  by  the  act  of  February  12, 
J895  (28  Stat.  654),  and  as  to  enlisted  men  generally  by  the  act  of  March  16, 
1890  (29  Stat.  60).  Since  March  16,  1896,  the  several  statutes  respecting  the 
retention  of  pay  of  enlisted  men  have  applied  only  in  the  settlement  of  the 
accounts  in  cases  where  retained  pay  had  accrued  prior  to  the  passage  of  the  act 
of  March  16,  1896. 

Retained  pay  is  authorized  by  law.  The  Secretary  of  War  has  no  control 
over  it.  He  only  determines  whether  the  service  has  been  honest  and  faithful. 
The  operation  of  the  law  follows  immediately  upon  his  decision,  and  either  vests 
in  the  soldier  the  right  to  receive  the  pay  or  deprives  him  of  it,  according  to  the 
character  of  service  he  has  rendered.  (3  Dig.  2d  Comp.  Dec.,  231.) 

Under  the  act  of  June  16,  1890,  the  accounting  officers  have  no  jurisdiction 
to  review  a  decision  of  the  Secretary  of  War  that  a  soldier  did  not  serve 
honestly  and  faithfully.  (3  Comp.  Dec.,  557.) 


270  MILITARY   LAWS   OF   THE   UNITED   STATES. 

709.  Same — Commissioned  service  in  Volunteer  organizations  to 
be  counted  as. — All  enlisted  men  of  the  Regular  Army  who  served 
as  commissioned  officers  of  United  States  Volunteers  organized  in 
eighteen  hundred  and  ninety-eight  and  eighteen  hundred  and  ninety- 
nine,  or  who  have  served  or  may  be  now  serving  as  such  in  the  Porto 
Rico  Provisional  Regiment  or  in  the  Philippine  Scouts,  who,  upon 
their  muster  out,  have  returned  or  may  return  to  the  ranks  of  the 
Regular  Army,  shall  have  such  period  of  service  counted  as  if  it  had 
been  rendered  as  enlisted  men,  and  that  they  be  entitled  to  all  con- 
tinuous-service pay  and  to  count,  in  computing  the  time  necessary  to 
enable  them  to  retire,  as  enlisted  men.     Act  of  Mar.  2,  1903  (32 
Stat.  934). 

710.  Same — Commissioned   service   in   Philippine   Scouts    to    ~be 
counted  as. — All  enlisted  men  of  the  Regular  Army  who  have  been 
appointed  commissioned  officers  of  Philippine  Scouts  subsequent  to 
March  second,  nineteen  hundred  and  three,  or  who  may  hereafter  be 
so  appointed,  and  who,  upon  their  muster  out,  have  returned  or  may 
return  to  the  ranks  of  the  Regular  Army,  shall  have  such  period  of 
service  counted  as  if  it  had  been  rendered  as  enlisted  men,  and  that 
they  be  entitled  to  all  continuous  service  pay  and  to  count,  in  com- 
puting the  time  necessary  to  enable  them  to  retire,  as  enlisted  men. 
Act  of  June  12, 1906  (34  Stat.  248). 

711.  Same — Allotments  of. — The  Secretary  of  War  is  hereby  au- 
thorized to  permit  enlisted  men  of  the  United  States  Army  to  make 
allotments  of  their  pay,  under  such  regulations  as  he  may  prescribe, 
for  the  support  of  their  families  or  relatives,  for  their  own  savings, 
or  for  other  purposes,  during  such  time  as  they  may  be  absent  on 
distant   duty,   or  under   other  circumstances   warranting   such   ac- 
tion.1   Sec.  16,  Act  of  Mar.  2, 1899  (30  Stat.  981). 

712.  Same — Credit  to  disbursing  officers  for  payment  of. — Here- 
after all  allotments  of  pay  of  enlisted  men  of  the  United  States 
Army,  under  section  sixteen  of  act  of  Congress  approved  March 
second,  eighteen  hundred  and  ninety-nine,  that  have  been  or  shall  be 
paid  to  the  designated  allottees,  after  the  expiration  of  one  month 
subsequent  to  the  month  in  which  said  allotments  accrued,  shall  pass 
to  the  credit  of  the  disbursing  officer  who  has  made  or  shall  make 
such  payment:  Provided,  That  said  disbursing  officer  shall,  before 
making  payment  of  said  allotments,  use,  or  shall  have  used,  due  dili- 
gence in  obtaining  and  making  use  of  all  information  that  may  have 
been  received  in  the  War  Department  relative  to  the  grantors  of  the 
allotments:  And  provided  further,  That  if  an  erroneous  payment 

1  Under  section  16  of  the  act  of  March,  1899,  which  authorizes  the  Secretary 
of  War  to  permit  enlisted  men  of  the  Army  to  make  allotments  of  their  pay, 
payment  in  advance,  or  without  evidence  that  the  soldier  is  entitled  to  the 
amount  allotted  at  the  time  the  payment  is  to  be  made,  is  not  authorized.  (6 
Comp.  Dec.,  252.) 


MILITARY   LAWS   OF    THE    UNITED   STATES.  271 

is  made  because  of  the  failure  of  an  officer  responsible  for  such  report 
to  report,  in  the  manner  prescribed  by  the  Secretary  of  War,  the 
death  of  a  grantor  or  any  fact  which  renders  the  allotment  not  pay- 
able, then  the  amount  of  such  erroneous  payment  shall  be  collected 
by  the  Paymaster-General  from  the  officer  who  fails  to  make  such 
report,  if  such  collection  is  practicable.1  Act  of  Mar.  2,  1901  (31 
Stat.  896). 

713.  Period  and  computation  of  time  for  retirement. — That  when 
an  enlisted  man  has  served  as  such  thirty  years  in  the  United  States 
Army  or  Marine  Corps,  either  as  private  or  noncommissioned  officer, 
or  both,  he  shall,  by  application  to  the  President,  be  placed  on  the 
retired  list  hereby  created,  with  the  rank  held  by  him  at  the  date  of 
retirement,  and  he  shall  receive  thereafter  seventy-five  per  centum 
of  the  pay  and  allowances  of  the  rank  upon  which  he  was  retired: 
Provided,  That  if  said  enlisted  man  had  war  service  with  the  Army 
in  the  field,  or  in  the  Navy  or  Marine  Corps  in  active  service^  either 
as  volunteer  or  regular,  during  the  war  of  the  rebellion,  such  war 
service  shall  be  computed  as  double  time  in  computing  the  thirty 
years  necessary  to  entitle  him  to  be  retired.2    Act  of  Sept.  30,  1890 
(26  Stat.  504). 

714.  Retired  enlisted  men — Additional  allowances  to. — That  when 
an  enlisted  man  shall  have  served  thirty  years  either  in  the  Army, 
Navy,  or  Marine  Corps,  or  in  all,  he  shall,  upon  making  applica- 
tion to  the  President,  be  placed  upon  the  retired  list,  with  seventy- 
five  per  centum  of  the  pay  and  allowances  he  may  then  be  in  receipt 
of,  and  that  said  allowances  shall  be  as  follows:  Nine  dollars  and 
fifty  cents  per  month  in  lieu  of  rations  and  clothing  and  six  dollars 
and  twenty-five  cents  per  month  in  lieu  of  quarters,  fuel,  and  light: 
Provided,  That  in  computing  the  necessary  thirty  years'  time  all 
service  in  the  Army,  Navy,  and  Marine  Corps  shall  be  credited. 
Act  of  Mar.  2,  1907  (34  Stat.  1217). 

715.  Allowances  of  retired  enlisted  men — Cash  payment  in  lieu  of. — 
Hereafter  a  monthly  allowance  of  nine  dollars  and  fifty  cents  be 
granted  in  lieu  of  the  allowance  for  subsistence  and  clothing.3    Act 
of  Mar.  16, 1896  (29  Stat.  62). 

1  For  requirements  of  regulations  in  respect  to  allotments  of  pay  by  enlisted 
men,  and  payments  of  the  same  to  the  designated  allottees,  see  paragraphs 
1347-13GO,  A.  R.,  1913.     Under  the  authority  conferred  by  the  above  statutes 
the  privilege  of  making  allotments  of  pay  is  restricted  to  enlisted  men  and  does 
not  extend  to  commissioned  officers. 

2  This  statute  replaces  the  act  of  February  14,  1885   (23  Stat.  305),  on  the 
same  subject. 

3  For  provisions  as  to  pay  of  enlisted  men  of  the  Volunteer  forces  when  in 
the  service  of  the  United  States,  under  section  13,  Act  of  April  27,  1914  (Pub. 
No.  90,  38  Stat.  — ),  see  paragraph  1394,  ante. 

See  paragraph  1052,  post,  chapter  Enlisted  Men. 

Under  the  act  of  February  14,  18S5  (23  Stat.  305),  and  the  act  of  September 
30,  1890  (26  id.,  504),  providing  that  a  hospital  steward  shall  be  retired  on  75 


272  MILITARY   LAWS   OF   THE   UNITED   STATES. 

716.  Method  of  making  and  keeping. — Any  enlisted  man  of  the 
Army  may  deposit  his  savings,  in  sums  not  less  than  five  dollars, 
with  any  army  paymaster,  who  shall  furnish  him  a  deposit  book,  in 
which  shall  be  entered  the  name  of  the  paymaster  and  of  the  soldier, 
and  the  amount,  date:  and  place  of  such  deposit.     The  amount  so 
deposited  shall  be  accounted  for  in  the  same  manner  as  other  public 
funds,  and  shall  be  deposited  in  the  Treasury  of  the  United  States 
and  kept  as  a  separate  fund,  known  as  pay  of  the  Army  deposit 
fund,  repayment  of  which  to  the  enlisted  man  on  discharge  from 
the  service  shall  be  made  out  of  the  fund  created  by  said  deposits, 
and  shall  not  be  subject  to  forfeiture  by  sentence  of  court-martial, 
but  shall  be  forfeited  by  desertion,  and  shall  not  be  permitted  to  be 
paid  until  final  payment  on  discharge,  or  to  the  heirs  or  representa- 
tives of  a  deceased  soldier,  and  that  such  deposits  be  exempt  from 
liability  for  such  soldier's  debts:  Provided,  That  the  Government 
shall  be  liable  for  the  amount  deposited  to  the  person  so  depositing 
the  same.1     Act  of  June  12, 1906  (34  Stat.  246) . 

717.  Same — To  bear  interest. — For  any  sums  not  less  than  five 
dollars  so  deposited  for  the  period  of  six  months  or  longer,  the 
soldier,  on  his  final  discharge,  shall  be  paid  interest  at  the  rate  of  four 
per  centum  per  annum.2    Sec.  1306,  R.  S. 

718.  Same — Secretary  of  War  to  prescribe  regulations  for. — The 
system  of  deposits  herein  established  shall  be  carried  into  execution 
under  such  regulations  as  may  be  established  by  the  Secretary  of 
War.8    Sec.  1307,  R.  S. 

719.  Certificates  of  merit. — A  certificate  of  merit  granted  to  an 
enlisted  man  for  distinguished  service  shall  entitle  him,  from  the  date 
of  such  service,  to  additional  pay  at  the  rate  of  two  dollars  per  month 
while  he  is  in  the  military  service,  although  such  service  may  not  be 
continuous.    Sec.  2,  Act  of  Feb.  9,  1891  (26  Stat.  737}. 

720.  Same — During  captivity. — Every  noncommissioned  officer  and 
private  of  the  Regular  Army,  and  every  officer,  noncommissioned  offi- 

per  cent  of  tlie  pay  and  allowances  of  the  rank  upon  which  he  was  retired,  the 
steward  is  not  entitled  to  commutation  for  fuel  and  quarters,  but  he  is  entitled 
to  three-fourths  of  his  entire  personal  pay,  including  clothing  and  subsistence. 
(Lander  v.  U.  S.,  30  Ct.  Cls.,  311.) 

The  increase  of  20  per  cent  authorized  in  the  pay  of  enlisted  men  in  time  of 
war  does  not  apply  to  enlisted  men  on  the  retired  list.  (6  Comp.  Dec.,  182.) 

'The  act  of  June  16,  1890  (26  Stat.  157),  contains  the  requirement  that  the 
sums  retained  from  the  monthly  pay  of  enlisted  men  under  sections  1281  and 
1282,  Revised  Statutes,  shall  be  treated  as  deposits  upon  which  interest  shall 
be  paid  in  accordance  with  sections  1305,  1306,  1307,  and  1308,  Revised  Statutes. 

2  Amended  by  the  act  of  March  3,  1883  (22  Stat.  456),  so  as  to  authorize  the 
deposit,  at  interest,  of  sums  not  less  than  $5  in  amount. 

8  For  regulations  respecting  deposits,  see  paragraphs  1361-1369,  Army  Regu- 
lations of  1913. 

Held  that  a  company  commander  can  not  legally  force  a  soldier  to  deposit 
with  the  paymaster,  nor  can  he,  without  the  soldier's  consent,  deposit  private 
money  of  the  soldier  which  is  in  the  company  commander's  possession.  (Dig. 
Opins.  J.  A.  G.,  p.  373,  B.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  273 

cer,  and  private  of  any  militia  or  volunteer  corps  in  the  service  of  the 
United  States  who  is  captured  by  the  enemy,  shall  be  entitled  to  re- 
ceive during  his  captivity,  notwithstanding  the  expiration  of  his  term 
of  service,  the  same  pay,  subsistence,  and  allowance  to  which  he  may 
be  entitled  while  in  the  actual  service  of  the  United  States ;  but  this 
provision  shall  not  be  construed  to  entitle  any  prisoner  of  war  of 
such  militia  corps  to  any  pay  or  compensation  after  the  date  of  his 
parole,  except  the  traveling  expenses  allowed  by  law.  Sec.  1288,  R.  S. 

721.  Travel  pay  on  discharge. — That  hereafter  when  an  enlisted 
man  is  discharged  from  the  service,  except  by  way  of  punishment  for 
an  offense,  he  shall  be  entitled  to  transportation  in  kind  and  sub- 
sistence from  the  place  of  his  discharge  to  the  place  of  his  enlistment, 
or  to  such  other  place  within  the  ^continental  limits  of  the  United 
States  as  he  may  select,  to  which  the  distance  is  no  greater  than  from 
the  place  of  discharge  to  place  of  enlistment;  but  if  the  distance  be 
greater  he  may  be  furnished  with  transportation  in  kind  and  sub- 
sistence for  a  distance  equal  to  that  from  place  of  discharge  to  place 
of  enlistment,  or,  in  lieu  of  such  transportation  and  subsistence,  he 
shall,  if  he  so  elects,  receive  two  cents  a  mile,  except  for  sea  travel, 
from  the  place  of  his  discharge  to  the  place  of  his  enlistment.1    Act 
of  Aug.  24, 1912  (37  Stat.  576). 

722.  Deductions  for  Soldiers^  Home  abolished. — Sections  twelve 
hundred  and  eighty,  twelve  hundred  and  eighty-one,  and  twelve 
hundred  and  eighty-four  of  the  Revised  Statutes  be,  and  are  hereby, 
repealed,  and  so  much  of  section  forty-eight  hundred  and  nineteen 
as  pertains  to  the  deduction  of  twelve  and  one-half  cents  per  month 
from  the  pay  of  every  soldier  of  the  Regular  Army  for  the  benefit 
of  the  Soldiers'  Home  be,  and  the  same  is  hereby,  repealed.2    Act 
of  May  11, 1908  (35  Stat.  110). 

*For  provision  of  act  of  March  2,  1901  (31  Stat.  902),  that  transportation 
and  subsistence  only  shall  be  furnished  to  enlisted  men  for  sea  travel  on  dis- 
charge, see  paragraph  683,  ante. 

An  officer  or  soldier  who  is  discharged  for  his  own  convenience  is  not  en- 
titled to  travel  pay  or  allowances.  (5  Comp.  Dec.,  113.)  An  enlisted  man 
who  is  discharged  at  his  own  request  by  reason  of  the  illness  of  his  wife  is 
discharged  for  his  own  convenience  and  is  not  entitled  to  travel  pay.  (Id.,  939.) 

Under  section  1290,  Revised  Statutes,  as  modified  by  the  act  of  February  27, 
1877  (19  Stat.  244),  it  has  been  held  that  where  a  soldier's  first  discharge  is 
followed  by  his  reenlistment  within  a  few  days,  so  that  his  service  is  practically 
continuous,  and  his  second  discharge  occurs  at  the  place  of  his  original  enlist- 
ment, he  is  not  entitled  to  commutation  for  travel  and  subsistence  to  the  place 
of  his  second  enlistment.  (U.  S.  v.  Thornton,  160  U.  S.,  654.) 

aFor  section  1220,  Revised  Statutes,  authorizing  commanding  officers  to 
cause  clothing  to  be  altered  and  new  made,  so  as  to  better  fit  them  to  the 
persons,  respectively,  for  whose  use  they  shall  be  delivered,  and  to  deduct  the 
cost  of  such  alterations  from  the  pay  of  the  persons  to  whom  the  clothing  is 
delivered;  and  act  of  March  2,  1889  (25  Stat.  831),  fixing  the  maximum  price 
for  altering  and  fitting  soldiers'  clothing,  see  paragraphs  577  and  578,  ante. 

For  section  1302,  Revised  Statutes,  providing  that  the  money  value  of  all 
clothing  overdrawn  by  the  soldier  beyond  his  allowance  shall  be  charged  against 

48985°— 15 18 


274  MILITARY   LAWS   OF   THE   UNITED   STATES. 

723.  Laundry,  etc.,  for  recruits  at  depots. — Traders  and  laundry- 
men  at  depots  for  recruits  in  the  Army  are  authorized  to  furnish 
such  recruits,  on  credit,  with  laundry  work  and  such  articles  as  may 
be  necessary  for  their  cleanliness  and  comfort,  at  a  total  cost  not  to 
exceed  seven  dollars  in  value  per  man.    That  muster  and  pay  rolls 
be  made  out  showing  the  amounts  the  recruits  respectively  owe  to 
the  traders  and  laundrymen,  and  signed  by  them  before  leaving  the 
depot,  and  that  the  traders  and  laundrymen  be  paid  on  such  rolls, 
the  amount  paid  for  each  recruit  to  be  noted  accordingly  on  the 
muster  and  descriptive  rolls,  in  order  that  it  may  be  withheld,  after 
he  joins  his  company,  by  the  paymaster,  at  the  first  subsequent  pay- 
ment, under  such  rules  and  regulations  as  may  be  adopted  by  the 
War  Department :  Provided,  That  this  provision  shall  apply  only  to 
recruits  on  their  enlistment,  and  the  credit  shall  only  be  allowed  on 
the  written  order  of  the  regular  recruiting  officer  at  said  station.1 
Sec.  3,  Act  of  June  30, 1882  (22  Stat.  122}. 

724.  Tobacco,  deduction  of  amount  due  for. — The  amount  due  from 
any  enlisted  man  for  tobacco  sold  to  him  at  cost  prices  by  the  United 
States  shall  be  deducted  from  his  pay  in  the  manner  provided  for 
the  settlement  of  clothing  accounts.     Sec.  1301,  R.  S. 

725.  Subsistence  stores,  credit  sales. — The  amount  due  from  any 
enlisted  man  for  articles  designated  by  the  inspectors-general  of  the 
Army,  and  sold  to  him  on  credit  by  commissaries  of  subsistence,  shall 
be  deducted  from  the  payment  made  to  him  next  after  such  sale  shall 
have  been  reported  to  the  Paymaster-General.2    Sec.  1300,  R.  S. 

726.  Assignment  of  pay  forbidden. — No  assignment  of  pay  by  a 
noncommissioned  officer  or  private,  previous  to  his  discharge,  shall 
be  valid.    Sec.  1291,  R.  S. 

727.  Detained  pay — Appropriation  from  which  payable. — Here- 
after sums  known  as  detained  pay,  which  have  already  been  or  may 
hereafter  be  withheld  from  the  monthly  pay  of  enlisted  men  of  the 

him  every  six  months  on  the  muster  roll  of  his  company,  etc.,  see  paragraph 
574,  ante. 

For  section  1303,  Revised  Statutes,  authorizing  the  deduction  from  the  pay 
of  any  officer  or  soldier  the  cost  of  repairs  or  damages  done  to  arms,  equip- 
ments, or  implements,  when  the  damage  was  occasioned  by  their  abuse  or 
negligence,  see  paragraph  690,  ante. 

^he  act  of  June  28,  1893  (27  Stat.  426),  directing  that  no  more  post  traders 
be  appointed,  will  operate  to  restrict  this  privilege  to  laundrymen  at  depots. 
Paragraph  1169,  Army  Regulations  of  1913,  requires  all  laundry  charges  to  be 
charged  to  the  recruit  on  his  clothing  account  and  to  be  noted  on  his  descriptive 
and  assignment  card. 

2  For  rules  respecting  sales  on  credit  see  paragraphs  1242,  1244,  and  1249- 
1251,  Army  Regulations  of  1913. 

A  stoppage  differs  from  a  fine  or  forfeiture,  in  that  the  latter  is  imposed  as 
punishment  for  an  offense,  while  the  former  is  a  means  of  reimbursement  or  a 
"  charge  on  account "  to  make  good  a  loss.  A  stoppage  can  not  therefore,  in 
the  absence  of  a  statute  or  regulation  authorizing  it,  legally  be  imposed  as  a 
punishment  for  an  offense.  But  it  is  entirely  legal  to  stop  against  a  soldier's 
pay,  under  the  Army  Regulations,  an  amount  required  to  reimburse  the  United 


MILITARY   LAWS   OF    THE   UNITED   STATES.  275 

Army  in  obedience  to  court-martial  sentences,  shall,  when  repaid, 
become  a  charge  against  the  fund  "  pay  of  the  Army  "  ior  the  year 
in  which  said  enlisted  men  have  been  or  may  be  discharged.  Act  of 
Aug.  6, 1894  ($8  Stat.  236). 

HISTORICAL  NOTE. 

The  office  of  Quartermaster  General  was  created  during  the  War  of  the  Revo- 
lution by  a  resolution  of  Congress  of  June  16,  1775 ;  by  a  subsequent  resolution 
dated  July  19,  1775,  the  appointment  to  the  vacancy  was  vested  in  General 
Washington,  and  by  a  resolution  of  December  22,  1775,  the  rank  of  colonel  was 
attached  to  the  office.  The  appointment  was  conferred  upon  Thomas  Mifflin,  of 
Pennsylvania,  who  continued  to  exercise  its  functions  until  August  5,  1780,  save 
for  the  period  between  June  5  and  October  1,  1776,  when  the  office  was  held  by 
Col.  Thomas  Moylan.  Upon  the  resignation  of  General  Mifflin  he  was  succeeded 
by  Gen.  Nathanael  Greene,  who  was  appointed  to  another  command  on  August  5, 
1780,  and  was  succeeded  .by  Col.  Timothy  Pickering,  who  continued  to  perform 
the  duties  of  the  office  until  the  close  of  the  war.  On  July  25,  1785,  the  office 
expired  by  statutory  limitation.  After  the  close  of  active  military  operations 
in  1781  the  practice  of  supplying  the  troops  by  a  system  of  contracts  which  had 
been  resorted  to  during  the  war,  and  had  been  approved  by  a  resolution  of 
Congress  dated  October  2,  1778,  was  resumed  and  continued  to  exist  until  its 
failure  as  an  efficient  method  of  supply  was  demonstrated  during  the  War  of 
1812. 

The  office  of  quartermaster  was  established  by  sections  5  and  6  of  the  act  of 
March  3,  1791  (1  Stat.  222)  ;  the  incumbent  of  this  office  was  designated  as 
Quartermaster  General,  and  the  rank  of  lieutenant  colonel  was  conferred  by  sec- 
tions 10  and  11  of  the  act  of  March  3,  1795  (id.,  431),  and  the  office  as  thus 
established  was  continued  in  the  acts  to  ascertain  and  fix  the  military  estab- 
lishment, approved  May  30,  1796  (id.,  483),  and  March  3,  1797  (id.,  507).  The 
provisional  establishment  authorized  in  contemplation  of  war  with  France  by 
the  acts  of  May  28,  1798  (id.,  558),  and  March  3,  1799  (id.,  740),  made  provision 
for  a  Quartermaster  General,  with  the  rank  of  major  general,  with  deputy 
quartermasters  general  for  armies  and  quartermasters  for  divisions,  who  were 
to  be  selected  from  the  line.  Operations  looking  to  an  increase  of  the  Army 
were  suspended  by  the  acts  of  February  20,  1800  (2  Stat.  7),  and  May  14,  1800 
(id.,  85).  The  duties  hitherto  performed  by  the  Quartermaster's  Department 
were,  by  section  3  of  the  act  of  March  16,  1802  (id.,  133),  devolved  upon  the 
Paymaster  General,  and  upon  the  military  agents  and  assistant  military  agents 
authorized  by  that  enactment,  and  this  arrangement  continued  until  the  estab- 
lishment of  the  Quartermaster's  Department  in  1808. 

The  procurement  of  supplies  for  the  military  establishment  during  the  period 
immediately  following  the  organization  of  the  Government  under  the  Constitu- 
tion was  regulated  by  section  5  of  the  act  of  May  8,  1792  (1  Stat.  280),  which 
contained  the  requirement  that  "  all  purchases  and  contracts  for  supplying  the 
Army  with  provisions,  clothing,  supplies  in  the  Quartermaster's  Department, 
military  stores,  Indian  goods,  and  all  other  supplies  or  articles  for  the  use  of 
the  Department  of  War  be  made  by  or  under  the  direction  of  the  Treasury 
Department."  The  office  of  purveyor  of  public  supplies  in  the  Treasury  Depart- 
ment was  created  by  the  act  of  February  23,  1795  (id.,  419),  and  this  officer 
was  to  perform  the  duties,  in  connection  with  contracts  and  purchases,  which 
had  been  prescribed  in  the  act  of  May  8,  1792.  The  power  to  make  purchases 

States  for  loss  on  account  of  damage  done  to  public  property,  while  at  the  same 
time  bringing  the  soldier  to  trial  by  court-martial  for  the  offense  involved. 
(Dig.  Opins  J.  A.  G.,  p.  866  B5;  Gratiot  v.  U.  S.,  15  Pet.,  336;  McKnight  v. 
U.  S.,  98  U.  S,  ISO.) 

The  United  States  is  not  authorized  to  stop  against. the  pay  of  an  officer  or 
soldier  an  amount  of  personal  indebtedness  to  another  officer  or  soldier,  though 
such  indebtedness  may  have  grown  out  of  the  relations  of  the  military  service. 
Thus,  in  the  absence  of  a  sentence  of  court-marti.nl  forfeiting  the  same,  an 
officer's  pay  can  not  legally  be  stopped  with  a  view  to  the  reimbursement  of 
enlisted  men  who  have  deposited  with  him  money  for  safe-keeping,  which  he 
has  failed  to  return  when  required,  the  officer  being  accountable  for  the  same 
in  a  personal  capacity  only.  (Dig.  Opius,  J.  A,  G.,  866  B6.) 


276  MILITARY  LAWS   OF   THE   UNITED   STATES. 

for  the  military  establishment,  by  contract  or  otherwise,  was  vested  in  the 
Secretary  of  War  by  section  3  of  the  act  of  July  16,  1798  (id.,  610)  ;  and  by 
section  6  of  the  same  enactment,  the  corresponding  power  was  withdrawn  from 
the  purveyor  of  public  supplies,  the  purpose  of  the  statute  being  to  vest  the 
power  of  purchase  in  the  Secretary  of  War  and  that  of  auditing  the  vouchers 
of  purchase  in  the  accounting  officers  of  the  Treasury.  By  the  act  of  March 
3,  1809  (2  id.,  535),  a  method  of  making  purchases  and  of  accounting  for  the 
same  was  prescribed  by  statute. 

The  Quartermaster's  Department,  eo  nomine,  was  established  by  the  act  of 
March  28,  1812  (2  Stat.  690),  and  consisted  of  a  Quartermaster-General,  with 
the  rank  of  brigadier-general,  four  deputy  quartermasters,  and  as  many  assist- 
ant deputy  quartermasters  as,  in  the  opinion  of  the  President,  the  public  service 
might  require;  in  section  3  the  duties  of  the  department  were  denned.  A  com- 
missary-general of  purchases  was  also  authorized,  and  a  purchasing  department 
was  established,  to  consist  of  a  commissary-general  of  purchases,  a  deputy  for 
each  division,  six  assistant  commissaries  of  issues,  and  as  many  military  store- 
keepers as  the  service  might  require.  The  duties  of  the  purchasing  department, 
which  were  to  some  extent  in  conflict  with  those  prescribed  for  the  Quarter- 
master's Department,  appear  to  have  been  restricted  to  the  procurement  of 
subsistence  stores  and  supplies,  leaving  the  purchase  of  forage,  the  provision 
of  transportation,  etc.,  to  the  Quartermaster-General.  The  act  of  April  23,  1812 
(id.,  710),  established  a  corps  of  artificers  as  a  component  part  of  the  Quarter- 
master's Department;  and  by  the  act  of  May  22,  1812  (id.,  742),  a  force  of 
barrack  masters  was  authorized,  and  officers  of  the  department  were  required 
to  give  bond  for  the  faithful  expenditure  of  public  moneys  and  accounting  for 
all  public  property  which  might  come  into  their  hands.  The  office  of  super- 
intendent-general of  military  supplies  was  created  by  the  act  of  March  3,  1813 
(id.,  816),  and  charged  with  the  duty  of  supervising  the  rendition  and  audit  of 
accounts  and  returns  from  officers  in  the  military  service ;  this  office  was  abol- 
ished by  the  act  of  March  3,  1817  (3  id.,  366),  the  duties  of  audit  being  trans- 
ferred to  the  accounting  officers  of  the  Treasury. 

In  the  reorganization  of  the  staff,  which  was  accomplished  by  the  act  of  April 
24,  1816  (3  Stat.  297),  the  services  of  the  Quartermaster-General  were  retained 
and  a  deputy  quartermaster-general  was  authorized  for  each  division  and  an 
assistant  for  each  brigade,  who  were  to  supersede  the  existing  quartermasters 
of  brigades.  By  section  3  of  the  act  of  April  14,  1818  (id.,  426),  the  department 
was  to  consist  of  a  Quartermaster-General  (brigadier-general),  four  assistant 
deputy  quartermasters-general,  and  as  many  additional  assistants  as  the  Presi- 
dent might  deem  proper.  At  the  general  reduction  of  1821  the  strength  of  the 
department  was  fixed  at  a  Quartermaster-General  (brigadier-general),  two 
quartermasters  (majors  of  cavalry),  and  ten  assistant  quartermasters,  to  be 
detailed  from  the  line  with  $10  per  month  additional  compensation.  By  section 
4  of  the  act  of  May  18,  1826  (4  id.,  173),  two  quartermasters  and  ten  assistants 
were  added,  who  were  also  to  be  taken  from  the  line.  This  statute  imposed 
upon  the  department  the  duty  of  distributing  (but  not  purchasing)  the  clothing, 
camp  and  garrison  equipage  required  for  the  use  of  the  troops.  By  section  9  of 
the  act  of  July  5,  1838  (5  id.,  256),  two  assistant  quartermasters-general  (lieu- 
tenant-colonels), and  eight  assistant  quartermasters  (captains)  were  added, 
and  officers  already  in  the  department  were  placed  on  the  same  footing  in  re- 
spect to  rank,  pay,  and  emoluments  (that  of  officers  of  dragoons  of  correspond- 
ing rank)  as  those  therein  authorized;  forage  and  wagon  masters,  not  to  exceed 
twenty  in  all,  were  also  authorized.  The  office  of  commissary-general  of  pur- 
chases was  abolished  by  section  3,  act  of  August  23,  1842  (5  id.,  512),  and  its 
duties  were  merged  in  those  required  to  be  performed  by  the  Quartermaster's 
Department. 

At  the  outbreak  of  the  War  with  Mexico  provision  was  made  for  the  expansion 
of  the  department  in  section  5,  act  of  June  18,  1846  (9  Stat.  17),  by  the  appoint- 
ment of  a  quartermaster  (major)  for  each  brigade  and  an  assistant  quarter- 
master (captain)  for  each  regiment.  By  section  10,  act  of  February  11,  1847 
(id.,  126),  four  quartermasters  and  ten  assistant  quartermasters  were  added 
to  the  department;  by  section  10,  act  of  July  19,  1848  (id.,  247),  so  much  of 
the  act  of  February  11,  1847,  as  required  the  discharge  of  the  additional  officers 
therein  authorized  was  repealed.  Five  military  storekeepers  were  added  by  the 
act  of  March  3,  1857  (11  id.,  200). 

For  the  volunteer  forces  called  into  the  service  at  the  commencement  of  the 
War  of  the  Rebellion,  brigade  quartermasters  (captains)  were  authorized  for 
each  brigade,  and  the  permanent  force  of  the  department  was  increased  by  the 


MILITARY   LAWS   OF   THE   UNITED   STATES.  277 

addition  of  one  colonel,  two  lieutenant-colonels,  four  majors,  and  twenty  cap- 
tains by  section  3  of  the  act  of  August  3,  1861  (12  Stat.  287)  ;  captains  after 
fourteen  years'  service  were  to  be  advanced  to  the  grade  of  major,  and  wagon 
masters  and  teamsters  were  authorized  with  the  pay  and  allowances  of  ser- 
geants and  corporals,  respectively.  The  number  of  military  storekeepers  was 
increased  to  twelve  by  section  8  of  the  act  of  1862  (id.,  509).  The  office  of  the 
Quartermaster-General  was  reorganized  into  eight  divisions,  and  six  inspectors 
and  ten  chief  quartermasters  of  armies  and  departments  (colonels)  and  divi- 
sion quartermasters  with  the  rank  of  major  were  authorized  for  the  period  of 
the  war. 

At  the  general  reorganizaton  of  1866  the  strength  of  the  department  was  in- 
creased to  the  following:  One  Quartermaster  General  (brigadier  general),  six 
assistant  quartermasters  general  (colonels),  ten  deputy  quartermasters  general 
(lieutenant-colonels),  fifteen  quartermasters  (majors),  and  forty-four  assistant 
quartermasters  (captains),  section  13,  act  of  July  28,  1866  (14  Stat.  334).  The 
vacancies  created  by  the  act  were  to  be  filled  by  the  appointment  of  persons  who 
had  served  in  the  Quartermaster's  Department  during  the  War  of  the  Rebellion ; 
so  soon  as  the  vacancies  created  by  the  act  had  been  once  filled,  however, 
there  were  to  be  no  appointments  or  promotions  to  the  grades  of  captain  and 
major  until  the  number  of  officers  in  those  grades  had  been  reduced  to  twelve 
and  thirty,  respectively.  Promotions  and  appointments  were  prohibited  until 
the  further  order  of  Congress  by  section  6,  act  of  March  3,  1869  (15  Stat.  318, 
sec.  1194,  R.  S.),  but  this  prohibition  was  removed  by  the  act  of  March  3, 
1875  (18  id.,  330),  which  provided  the  following  permanent  organization  for 
the  department:  One  Quartermaster  General  (brigadier  general),  four  assistant 
quartermasters  general  (colonels),  eight  deputy  quartermasters  general  (lieu- 
tenant colonels),  fourteen  quartermasters  (majors),  and  thirty  assistant 
quartermasters  (captains)  ;  no  more  military  storekeepers  were  to  be  ap- 
pointed, and  the  office  was  eventually  to  cease  to  exist  upon  the  death  or  retire- 
ment of  the  storekeepers  then  in  service.  Appointments  to  the  grade  of  captain 
from  civil  life  were  authorized,  in  the  discretion  of  the  President,  by  the  act  of 
March  3,  1883  (22  id.,  456),  but  this  requirement  was  repealed  by  the  act  of 
August  6,  1894  (28  id.,  234),  which  restricted  such  appointments  to  officers  of 
the  next  lower  grade  in  the  line  of  the  Army.  The  corps  of  quartermaster 
sergeants  was  added  by  the  act  of  July  5,  1884  (23  id.,  107),  and  the  corps  of 
army  service  men  was  attached  to  the  department  by  the  act  of  June  20,  1890 
(26  id.,  163).  At  the  outbreak  of  the  War  with  Spain  the  Secretary  of  War 
was  authorized  by  the  act  of  July  7,  1898  (30  id.,  714),  to  assign  four  officers 
of  the  department  to  duty  as  inspectors,  and  these  officers,  together  with  the 
four  principal  assistants  in  the  office  of  the  Quartermaster  General,  the  heads 
of  the  divisions  in  the  same  office,  and  the  officers  in  charge  of  the  principal 
depots,  not  exceeding  twelve  in  number,  were  to  have,  during  such  assignment, 
the  rank  and  pay  one  grade  higher  than  that  actually  held  by  them  in  the 
Regular  or  Volunteer  service;  such  increase  in  rank,  however,  was  in  no  case 
to  exceed  that  of  colonel,  and  was  to  continue  for  a  period  not  exceeding  one 
year  after  the  close  of  the  war.  Two  colonels,  two  lieutenant  colonels,  three 
majors,  and  twenty  captains  were  added  to  the  volunteer  force  of  the  depart- 
ment for  the  period  of  the  existing  war.  The  corps  of  post  quartermaster 
sergeants  was  increased  to  a  total  strength  of  one  hundred  and  five  by  the 
act  of  July  8,  1898  (id.,  728). 

By  section  16  of  the  act  of  February  2,  1901  (31  Stat.  751),  the  permanent 
strength  of  the  department  was  fixed  at  one  Quartermaster  General  with  the 
rank  of  brigadier  general,  six  assistant  quartermasters  general  with  the  rank 
of  colonel,  nine  deputy  quartermasters  general  with  the  rank  of  lieutenant 
colonel,  twenty  quartermasters  with  the  rank  of  major,  and  sixty  quarter- 
masters with  the  rank  of  captain  mounted.  A  system  of  details  was  also 
established  by  the  operation  of  which  the  permanent  commissioned  personnel 
of  the  department  will  be  gradually  replaced,  as  vacancies  occur,  by  officers 
detailed  from  the  line  of  the  Army  for  duty  in  the  Quartermaster's  Department. 

By  section  3  of  the  act  of  August  24,  1912  (37  Stat.  591),  the  Quartermaster's, 
Subsistence,  and  Pay  Departments  of  the  Army  were  consolidated  into  a  single 
department  known  as  the  Quartermaster  Corps  of  the  Army;  the  officers  of 
the  consolidated  departments  thereafter  being  known  as  officers  of  the  Quarter- 
master Corps,  with  the  same  titles  of  the  rank  held  by  them  prior  to  the  con- 
solidation; and  for  the  purpose  of  filling  vacancies,  to  constitute  one  list  ar- 
ranged according  to  rank,  etc. 


278  MILITARY   LAWS   OF   THE   UNITED   STATES. 

SUBSISTENCE    DEPARTMENT. 

The  office  of  commissary  general  of  supplies  and  purchases  was  created  dur- 
ing the  War  of  the  Revolution  by  a  resolution  of  Congress  dated  July  19,  1775, 
and  on  the  recommendation  of  General  Washington,  Jonathan  Trumbull,  of 
Connecticut,  was  appointed  to  the  office.  The  methods  of  supplying  the  Army 
with  provisions  having  proved  inadequate,  however,  the  matter  was  investigated 
by  a  committee  of  the  Congress,  and  the  department  was  reorganized  by  a 
resolution  of  Congress  dated  June  10,  1777.  Under  the  new  arrangement  the 
duties  of  purchase  and  distribution  were  separated  and  intrusted  to  independent 
bureaus  under  the  commissary  general  of  purchases  and  the  commissary  general 
of  issues.  The  duties  of  the  commissary  general  of  issues  were  defined  in  the 
resolution  of  Congress  of  June  10,  1777;  those  of  the  commissary  general  of 
purchases  were  made  the  subject  of  occasional  modifications,  and  will  be  found 
in  the  resolutions  of  June  10,  1777,  and  November  30,  1780.  By  the  resolution 
of  July  10,  1781,  the  departments  of  purchases  and  issues  were  merged  in  the 
office  of  superintendent  of  finance,  under  whose  direction  a  system  of  supply- 
ing the  Army  by  contracts  was  established.  By  a  subsequent  resolution,  dated 
May  28,  1784,  the  office  of  superintendent  of  finance  was  abolished,  its  duties 
being  merged  in  the  board  of  the  Treasury,  created  by  that  enactment.  Under 
this  arrangement,  which  continued  in  force  after  the  organization  of  the  Gov- 
ernment under  the  Constitution,  all  subsistence  supplies  for  the  Army  were 
purchased  by  the  Treasury  Department  under  contracts  entered  into  under  the 
direction  of  the  Secretary  of  the  Treasury  (sec.  5,  act  of  May  8,  1792,  1  Stat. 
280;  act  of  February  23,  1795,  id.,  419).  By  the  acts  of  July  16,  1798  (id.,  610), 
and  March  3,  1809  (2  id.,  535),  the  present  methods  of  purchasing  supplies  for 
the  Army,  and  accounting  for  the  same,  were  established.1  The  contract  system 
continued  to  exist  until  the  reorganization  of  the  staff,  which  was  accomplished 
by  the  act  of  April  4,  1818  (3  id.,  426),  when  it  was  replaced  by  the  present 
Subsistence  Department. 

At  the  reduction  of  1802  a  system  of  military  agencies  was  established  in  con- 
nection with  the  procurement  and  distribution  of  subsistence  stores  and  sup- 
plies. Three  military  agents  and  such  number  of  assistant  military  agents,  not 
exceeding  one  to  each  military  post,  as  the  service  might  require,  were  author- 
ized by  section  3  of  the  act  of  March  16,  1802  (2  Stat.  132)  ;  the  assistants 
were  to  be  selected  from  the  line  of  the  Army  and  were  to  receive  additional 
monthly  compensation.  By  section  4  of  the  act  of  March  28,  1812  (id.,  696), 
the  military  agency  system  was  abolished,  and  the  duty  of  procuring  military 
supplies  was  vested  in  the  commissary  general  of  purchases  and  in  the  Quar- 
termaster's Department  thereby  created.  By  section  2  of  the  act  of  April  4, 
1818  (3  id.,  426),  the  office  of  commissary  general  was  created  with  the  rank 
and  pay  of  a  colonel  of  ordnance,  and  provision  was  made  for  as  many 
assistant  commissaries  as  the  service  might  require;  these  officers  were  to  be 
detailed  from  the  line  and  were  to  receive  twenty  dollars  per  month  additional 
pay.  The  duties  of  the  department  thus  created  were  restricted  to  the  purchase 
and  issue  of  subsistence  stores  and  supplies ;  and  the  system,  which  was  experi- 
mental in  character,  was  to  continue  for  five  years  from  the  passage  of  the  act. 

At  the  general  reduction  of  1821 2  the  organization  of  the  department  was 
somewhat  modified,  the  office  of  commissary  general  of  subsistence  being  created 
and  provision  made  for  as  many  assistant  commissaries  as  the  service  might 
require,  not  exceeding  fifty,  who  were  to  be  taken  from  subalterns  of  the  line, 
and  were  to  receive,  in  addition  to  their  monthly  pay,  certain  sums,  to  be  regu- 
lated by  the  Secretary  of  War,  and  to  be  not  less  than  ten  dollars  nor  more 
than  twenty  dollars  in  amount ;  they  were  to  perform  duty  in  both  the  Subsist- 
ence and  Quartermaster's  Departments,  as  might  be  required  under  the  orders 
of  the  Secretary  of  War.  By  the  act  of  June  23,  1823  (3  id.,  721),  the  existing 
arrangement  of  the  department  was  continued  for  five  years.  Two  assistant 
commissaries  with-  the  rank  of  major  were  added  to  the  department  by  the 
act  of  March  3,  1829  (4  id.,  360),  and  the  system  was  to  be  continued  for  a 
third  period  of  five  years.  By  section  5  of  the  act  of  March  3,  1835  (id.,  780), 

1  For  a  more  extended  discussion  of  the  methods  of  procuring  supplies  during 
the  period  between  the  organization  of  the  Government  under  the  Constitution 
imd  the  general  reorganization  of  the  staff  in  1821,  see  the  note  in  connection 
with  the  Quartermaster's  Department,  page  290,  ante. 

2  Act  of  March  2,  1821  (3  Stat.  615). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  279 

the  Subsistence  Department,  which  had  hitherto  been  in  an  experimental  stage, 
was  placed  upon  a  permanent  basis.  By  section  11  of  the  act  of  July  5,  1838 
(5  id.,  256),  there  were  added  to  the  department  one  assistant  commissary  gen- 
eral of  subsistence  with  the  rank  and  pay  of  a  lieutenant  colonel  of  dragoons, 
one  commissary  of  subsistence  with  the  rank  and  pay  of  quartermaster,  and 
three  commissaries  wih  the  rank  and  pay  of  assistant  quartermasters. 

No  further  change  in  the  composition  or  duties  of  the  department  was  made 
until  the  outbreak  of  the  War  with  Mexico,  when,  by  section  5  of  the  act  of 
June  18,  1846  (9  id.,  17),  the  President  was  authorized  to  appoint  as  many  addi- 
tional officers,  not  exceeding  one  commissary  (major)  to  each  brigade,  and 
one  assistant  commissary  (captain)  to  each  regiment,  as  he  might  deem  neces- 
sary; these  appointments,  however,  were  not  to  extend  beyond  the  period  of 
the  existing  war.  By  the  act  of  September  26,  1850  (9  id.,  469),  four  commis- 
saries of  subsistence  (captains)  were  added  to  the  existing  establishment,  and 
these  appointments  were  to  be  made  from  the  line  of  the  Army. 

At  the  commencement  of  the  War  of  the  Rebellion  a  commissary  of  subsist- 
ence (captain)  was  allowed  for  each  brigade  of  the  volunteer  forces  authorized 
to  be  raised  by  the  act  of  July  22,  1861  (12  Stat.  269),  and  four  commissaries 
of  subsistence  (majors)  and  eight  commissaries  of  subsistence  with  the  rank  of 
captain,  were  added  to  the  permanent  establishment  by  the  act  of  August  3, 
1861  (id.,  287)  ;  by  section  10  of  the  act  of  July  17,  1882  (id.,  599),  a  commissary 
of  subsistence  for  each  Army  corps,  with  the  rank  of  lieutenant  colonel,  was 
also  authorized.  By  the  act  of  February  9,  1863  (id.,  648),  the  department  was 
reorganized,  the  rank  of  brigadier  general  being  conferred  upon  the  commis- 
sary general  of  subsistence,  who  was  to  be  selected  from  the  department,  and 
one  colonel,  one  lieutenant  colonel,  and  two  majors  were  added.  These  offices 
were  to  be  filled  by  regular  promotion. 

The  peace  establishment  of  the  department  was  fixed  by  section  16  of  the 
act  of  July  28,  1866  (14  id.,  334),  as  follows:  One  commissary  general  of  sub- 
sistence (brigadier  general),  two  assistant  commissaries  general  of  subsist- 
ence (colonels),  two  deputy  commissaries  general  of  subsistence  (lieutenant 
colonels),  eight  commissaries  (majors),  and  sixteen  commissaries  of  subsist- 
ence (captains).  The  repealing  clause  of  the  act  of  July  28,  1866,  having  been 
regarded  as  including  within  its  scope  the  provision  for  additional  compensa- 
tion to  officers  detailed  from  the  line,  which  had  been  authorized  by  section  3 
of  the  act  of  March  3,  1821  (3  id.,  615),  it  was  provided  by  section  24  of  the 
act  of  July  15,  1870  (16  id.,  320),  that  lieutenants  of  the  line  detailed  to  per- 
form the  duties  of  acting  commissaries  of  subsistence  should  receive  $100  addi- 
tional pay  per  annum.  Section  6  of  the  act  of  March  3,  1869  (15  id.,  318), 
contained  the  requirement  that  there  should  be  no  more  promotions  or  appoint- 
ments in  the  staff  of  the  Army  until  otherwise  directed  by  law,  but  this  re- 
striction was  removed,  as  to  the  Subsistence  Department,  by  section  3  of  the 
act  of  June  23,  1874,  which  reorganized  the  department  and  fixed  its  commis- 
sioned strength  at  one  brigadier  general,  two  colonels,  three  lieutenant  col- 
onels, eight  majors,  and  twelve  captains.  By  the  act  of  February  12,  1895  (28 
id.,  656),  the  number  of  captains  was  reduced  to  eight.  The  requirement  of  the 
act  of  March  3,  1883  (22  id.,  457),  authorizing  captains  in  this  department  to  be 
appointed  from  civil  life,  was  repealed  by  the  act  of  August  6,  1894  (28  id.,  234), 
and  appointments  to  the  lowest  grade  are  now  required  to  be  made  from  the 
line  of  the  Army.  The  act  of  June  30,  1882  (22  id.,  118),  and  subsequent  acts 
of  appropriation  have  made  provision  for  the  payment  of  $100  additional  pay  to 
officers  detailed  from  the  line  to  perform  the  duties  of  acting  commissaries  of 
subsistence.  A  corps  of  post  commissary  sergeants  was  added  to  the  depart- 
ment by  the  act  of  March  3,  1873  (17  id.,  485;  section  1142,  Revised  Statutes). 
They  were  to  be  appointed  by  the  Secretary  of  War  in  such  number  as  the 
service  might  require,  but  were  not  to  exceed  one  for  each  military  post. 

By  section  2  of  the  act  of  July  7,  1898  (30  id.,  715),  there  were 'added  to  the 
strength  of  the  department  during  the  War  with  Spain  eight  majors  and  twelve 
captains  of  volunteers,  and  the  two  assistants  to  the  commissary  general  of 
subsistence  and  the  officers  in  charge  of  important  depots  were  given  one  grade 
of  rank  and  pay  in  addition  to  that  actually  held  by  them ;  such  increase,  how- 
ever, was  not  to  exceed  the  rank  of  colonel  in  any  case,  and  was  to  continue  for 
a  period  not  exceeding  one  year  after  the  close  of  the  existing  war. 

By  section  17  of  the  act  of  February  2,  1901  (31  Stat.  752),  the  permanent 
strength  of  the  department  was  fixed  at  one  commissary  general  with  the  rank 
of  brigadier  general,  three  assistant  commissaries  general  with  the  rank  of  col- 


280  MILITARY  LAWS   OF   THE   UNITED  STATES. 

onel,  four  deputy  commissaries  general  with  the  rank  of  lieutenant  colonel, 
nine  commissaries  with  the  rank  of  major,  and  twenty-seven  commissaries  with 
the  rank  of  captain  mounted;  the  existing  force  of  commissary  sergeants  was 
recognized  and  continued  in  service  and  were  thereafter  to  be  designated  as 
post  commissary  sergeants.  A  system  of  details  was  also  established  by  the 
operation  of  which  the  permanent  commissioned  personnel  of  the  department 
will  be  gradually  replaced,  as  vacancies  occur,  by  officers  detailed  from  the  line 
of  the  Army  for  duty  in  the  Subsistence  Department. 

The  Army  ration. — The  Army  ration,  as  established  by  the  act  of  April  30, 
1790  (1  Stat  121)  ;  section  8,  act  of  March  3,  1795  (id.,  434)  ;  and  section  13, 
act  of  May  30,  1796  (id.,  484),  consisted  of  1  pound  of  fresh  or  salt  beef,  or 
three-quarters  of  a  pound  of  pork  or  bacon;  1  pound  of  flour,  one-half  a  gill 
of  spirits,  and  to  each  100  rations  1  quart  of  salt,  2  quarts  of  vinegar,  2  pounds 
of  soap,  and  1  pound  of  candles.  By  section  3  of  the  act  of  June  7,  1794  (id., 
242)  ;  section  6,  act  of  January  2,  1795  (id.,  400)  ;  and  section  11,  act  of  May 
30,  1796  (id.,  484),  sundry  additions  were  made  to  meat,  bread,  and  seasoning 
components  of  the  ration  in  the  case  of  troops  employed  on  frontier  service. 
The  ration  was  increased  by  section  6  of  the  act  of  July  16,  1798  (Id.,  605),  so 
as  to  consist  of  1£  pounds  of  fresh  or  salt  beef,  or  three-quarters  of  a  pound 
of  pork  or  bacon ;  1  pound  and  2  ounces  of  flour ;  1  gill  of  spirits ;  and  to  each 
100  rations  2  quarts  of  salt,  2  quarts  of  vinegar,  4  pounds  of  soap,  and  1£  pounds 
of  candles ;  and  the  ration,  as  thus  constituted,  was  made  permanent  by  section 
6  of  the  act  of  March  16,  1802  (2  id.,  134).  By  section  22  of  the  act  of  March 
3,  1799  (1  id.,  749),  the  regular  spirit  ration  was  reduced  to  one-half  gill,  and 
commanding  officers  were  authorized  to  make  extra  issues  of  spirits,  at  the 
rate  of  one-half  gill  per  ration,  "  in  cases  of  fatigue  service  or  other  extraordi- 
nary occasions."1  The  spirit  ration  was  replaced  by  coffee  and  sugar  at  the 
rate  of  6  and  12  pounds,  respectively,  per  hundred  rations,  by  section  17  of  the 
act  of  July  5,  1838  (5  id.,  256),  and  the  ration  of  coffee  and  sugar  was  increased 
to  10  and  15  pounds,  respectively,  by  section  4  of  the  act  of  June  21,  1860 
(12  id.,  68)  ;  by  section  10,  act  of  July  5,  1862  (id.,  510),  the  extract  of  coffee 
was  authorized  to  be  issued  in  lieu  of  the  coffee  and  sugar  ration.  A  vegetable 
component,  consisting  of  15  pounds  of  beans  or  peas,  or  10  pounds  of  rice  or 
hominy,  was  added  to  the  ration  by  Executive  order,  under  the  authority  con- 
ferred by  section  8  of  the  act  of  April  14,  1818  (3  id.,  paragraph  1069,  Army 
Regulations  of  1857).  An  increase  in  the  components  of  the  ration  to  the  fol- 
lowing extent  was  authorized  by  section  13  of  the  act  of  August  3,  1861  (12  id., 
289)  :  The  ration  of  bread  or  flour  was  increased  to  22  ounces,  and  an  alternate 
issue  of  1  pound  of  hard  bread  authorized,  and  a  vegetable  ration,  to  consist  of 
1  pound  of  potatoes,  was  required  to  be  issued  "  at  least  three  times  per  week, 
if  practicable."  This  increase  was  to  terminate  at  the  close  of  the  war,  when 
the  ration  was  to  be  reduced  to  the  articles  and  quantities  as  authorized  by  law 
or  regulation  on  July  1,  1861.  Pepper  was  added  as  one  of  the  seasoning  com- 
ponents, at  the  rate  of  4  ounces  to  the  hundred  rations,  by  section  11,  act  of 
March  3,  1863  (12  id.,  744),  and  section  2  of  the  act  of  June  20, 1864  (13  id.,  144), 
contained  the  requirement  that  the  ration  should  thereafter  be  the  same  as  pro- 
vided by  law  and  regulation  on  the  1st  day  of  July,  1861,  with  the  addition  of 
the  pepper  ration  authorized  by  the  act  of  March  3,  1863,  the  components  of 
beans  (or  peas)  or  rice  (or  hominy)  at  the  rate  of  15  and  10  pounds,  respec- 
tively, to  the  hundred  rations,  having  been  added  by  Executive  regulation,  were 
included  in  the  operation  of  the  act  of  July  1,  1864,  and  became  part  of  the 
authorized  ration.  By  section  5  of  the  act  of  June  16,  1890  (26  id.,  158),  1 

1  Issues  of  spirits,  as  a  component  part  of  the  ration,  were  discontinued  by 
Executive  order  in  1832  (General  Orders  No.  100,  A.  G.  O.,  1832),  and  an  issue 
of  coffee  and  sugar  was  substituted  therefor  at  the  rate  of  4  pounds  of  coffee 
and  8  pounds  of  sugar  to  the  hundred  rations. 

By  the  act  of  March  2, 1819  (3  Stat.  488) ,  and  "  extra  gill  of  whisky  or  spirits  " 
was  allowed  to  enlisted  men  engaged  in  the  construction  of  fortifications  or  the 
execution  of  surveys,  but  by  the  act  of  May  19,  1846  (9  Stat.  14),  this  ration 
was  allowed  to  be  commuted  in  money.  Upon  the  discontinuance  of  the  spirit 
ration  in  1838,  section  22  of  the  act  of  March  3,  1799  (1  Stat.  754),  became 
operative,  which  authorized  the  issue  of  spirits  "in  case  of  fatigue  service  or 
other  extra  occasions."  This  placed  the  spirit  ration  upon  the  basis  of  an  extra 
issue;  such  issues,  therefore,  being  discretionary  with  the  Executive.  They 
were  discontinued  by  General  Orders  No.  120,  War  Department,  of  1865. 


MILITAKY   LAWS  OF   THE   UNITED  STATES.  281 

pound  of  vegetables  was  added  to  the  ration,  "the  proportion  to  be  fixed  by 
the  Secretary  of  War." 

By  section  3  of  the  act  of  August  24,  1912  (37  Stat.  591),  the  Quartermaster, 
Subsistence,  and  Pay  Departments  of  the  Army  were  consolidated  into  a  single 
department  known  as  the  Quartermaster  Corps  of  the  Army — the  officers  of 
the  consolidated  departments  thereafter  being  known  as  officers  of  the  Quarter- 
master Corps,  with  the  same  titles  as  the  title  held  by  them  prior  to  the  con- 
solidation; and,  for  the  purpose  of  filling  vacancies,  to  constitute  one  list  ac- 
cording to  rank,  etc. 

PAY  DEPARTMENT. 

A  system  of  payments  to  troops  by  means  of  regimental  paymasters  had  been 
prescribed  by  several  resolutions  of  Congress  during  the  Government  under  the 
Articles  of  Confederation.  The  office  of  Paymaster  General  had  also  been 
established,  but  had  ceased  to  exist  prior  to  the  organization  of  the  Government 
under  the  Constitution,  the  office  and  duties  of  Paymaster  General  having  been 
merged  in  those  of  commissioner  of  Army  accounts  by  a  resolution  of  Congress, 
dated  March  3,  1787.  The  system  of  regimental  paymasters,  established  during 
the  War  of  the  Revolution,  was  recognized  and  continued  in  the  military  force 
authorized  by  the  act  of  September  29,  1789  (1  Stat.  95).  A  regiment  of  Infan- 
try and  a  battalion  of  Artillery  were  added  to  the  establishment  by  the  act  of 
April  30,  1790  (id.,  119),  to  each  of  which  a  paymaster  was  attached  with  the 
proviso  that  the  paymaster,  in  common  with  the  other  officers  of  the  regimental 
staff,  should  be  selected  from  subalterns  of  the  line.  An  additional  regiment  of 
Infantry  was  authorized  by  the  act  of  March  3,  1791  (id.,  222),  with  the  same 
organization,  and  three  additional  regiments  of  Infantry  and  a  squadron  of 
dragoons  were  added  to  the  existing  establishment  by  the  act  of  March  5,  1792 
(id.,  241),  the  Infantry  regiments  having  the  organization  prescribed  by  the 
act  of  April  30,  1790.  As  no  paymaster  was  authorized  for  the  squadron  of 
dragoons,  it  is  presumed  that  payments  to  that  organization  were  made  by  an 
officer  detailed  for  the  purpose. 

By  section  3  of  the  act  of  May  8,  1792  (1  Stat.  280),  a  paymaster  with  the 
rank  and  pay  of  major  was  authorized,  who  was  "  to  reside  near  the  headquar- 
ters of  the  troops  of  the  United  States."  He  was  required  to  give  a  bond  in 
the  sum  of  $20,000,  and  his  duties  were  defined  in  the  same  enactment.  By  sec- 
tion 3  of  the  act  of  March  3,  1797  (id.,  507),  the  title  of  Paymaster  General  was 
conferred  upon  this  officer,  who  was  to  receive  the  pay  and  allowances  already 
authorized  by  law.  By  section  7  of  the  act  of  May  28,  1798  (id.,  558),  passed  in 
contemplation  of  war  with  France,  the  rank  and  pay  of  lieutenant  colonel  was 
conferred  upon  the  incumbent  of  the  office  of  Paymaster  General,  and  deputy 
paymasters  were  authorized  in  addition  to  the  regimental  paymasters.  By  sec- 
tion 3  of  the  act  of  March  16,  1802  (2  id.,  132),  passed  with  a  view  to  reduce  and 
fix  the  military  peace  establishment,  provided  for  a  paymaster  of  the  Army ;  he 
was  to  be  assisted  by  seven  paymasters  and  two  assistants,  who  were  to  be 
attached  to  districts ;  the  deputy  paymasters  and  assistants  were  to  be  detailed 
from  the  line  and  were  to  receive  additional  pay  at  the  rate  of  $30  and  $10  per 
month,  repectively. 

The  distribution  of  clothing  to  the  Army  was  vested  in  the  pay  department 
by  section  8  of  the  act  of  March  16,  1802  (2  id.,  132),  and  section  9  of  the  act 
of  January  11,  1812  (id.,  671)  ;  this  duty  continued  to  be  performed  by  the  pay 
department  until  it  was  transferred  to  the  quartermaster's  department  by  the 
act  of  May  18,  1826  (4  id.,  173). 

Provision  was  made  for  the  payment  of  the  troops  during  the  War  of  1812 
by  the  appointment  of  as  many  district  paymasters  as  the  President  might  deem 
necessary;  if  taken  from  the  line  these  officers  were  to  receive  $30  per  month 
additional  pay;  if  appointed  from  civil  life,  they  were  to  receive  the  pay  and 
emoluments  of  majors  of  infantry.  Act  of  May  16,  1812,  2  Stat.  735.  The 
Pay  Department  was  established,  eo  nomine,  by  section  3  of  the  act  of  April 
24,  1816  (3  id.,  297),  and  was  to  consist  of  a  Paymaster  General,  who,  with  the 
regiment  and  battalion  paymasters,  was  to  constitute  the  Pay  Corps.  The  regi- 
mental and  battalion  paymasters  were  given  the  rank  of  majors  of  infantry, 
and  were  to  be  selected  from  subalterns  of  the  line  or  from  civil  life ;  provision 
was  made  in  this  act  for  clerical  service  by  a  clause  authorizing  the  detail  of 
noncommissioned  officers  as  paymasters'  clerks,  who,  while  so  employed,  were 
to  receive  double  pay.  Fourteen  paymasters  were  added  to  the  department  by 
the  act  of  March  2,  1821  (id.,  615),  and  three  by  the  act  of  July  4,  1836  (5  id.. 


282  MILITAKY   LAWS   OF   THE   UNITED   STATES. 

117).  The  twenty-fifth  section  of  the  act  of  July  5,  1838  (5  id.,  256),  made  pro- 
vision for  the  expansion  of  the  department,  to  meet  the  emergency  of  a  sudden 
increase  in  the  strength  of  the  Army,  by  authorizing  the  President  to  appoint 
such  number  of  additional  paymasters  as  he  might  deem  necessary  "  to  pay  the 
troops  with  sufficient  punctuality  " ;  such  increase,  however,  was  not  "  to  exceed 
one  for  every  two  regiments  of  militia  or  volunteers,"  and  the  additional  pay- 
masters were  to  be  continued  in  service  only  so  long  as  their  services  might  be 
required  to  pay  militia  and  volunteers.  The  substance  of  this  requirement  was 
subsequently  incorporated  in  the  Revised  Statutes  as  section  1184  of  that  enact- 
ment. By  section  3  of  the  act  of  July  4,  1836,  the  President  was  authorized  to 
assign  any  officer  of  the  Army  to  duty  as  a  paymaster,  and  the  officer  so  as- 
signed was  to  give  bond,  but  was  entitled  to  receive  the  pay  and  emoluments 
allowed  by  law  to  paymasters.  By  section  4  of  the  act  of  August  23,  1842 
(id.,  512),  the  number  of  majors  in  the  departments  was  reduced  to  fourteen. 

The  duties  of  the  officer  of  the  Pay  Department  were  defined  by  section  4  of 
the  act  of  April  24,  1816  (3  id.,  297),  and  by  the  act  of  July  14,  1832  (4  id.,  580), 
bonds  were  required  and  paymasters  brought  under  the  Articles  of  War  by 
section  6  of  the  act  of  April  24,  1816  (3  id.,  297).  The  rank  indicated  by  their 
pay  and  allowances  was  conferred  upon  officers  of  this  department  by  section 
13  of  the  act  of  March  3,  1847  (9  id.,  184),  and  the  restriction  in  respect  to  the 
exercise  of  command,  which  is  embodied  in  section  1183  of  the  Revised  Statutes, 
appeared  originally  in  the  same  enactment.  By  section  12  of  the  same  act  two 
deputy  paymasters  general  (lieutenant  colonels)  were  added  to  the  establish- 
ment. At  the  close  of  the  war  with  Mexico  the  organization  of  the  department 
was  fixed  at  one  Paymaster  General  (colonel),  two  deputy  paymasters  general 
(lieutenant  colonels),  and  twenty-five  paymasters  with  the  rank  of  major,  and 
the  officers  of  the  department  were  placed  upon  the  same  footing  in  respect  to 
tenure  of  office  as  officers  of  other  disbursing  departments  of  the  Army.  By 
the  same  enactment  the  bonds  of  paymasters  were  required  to  be  renewed  at 
least  once  in  every  four  years,  and  as  much  oftener  as  the  President  might 
direct. 

The  needs  of  the  department  were  met  during  the  period  of  the  War  of  the 
Rebellion  by  the  appointment  of  additional  paymasters  under  the  authority  con- 
ferred by  section  25  of  the  act  of  July  5,  1838  (sec.  1184,  Revised  Statutes). 
At  the  general  reorganization  of  the  Army  in  1866  the  personnel  of  the  depart- 
went  was  established  at  one  Paymaster  General  (brigadier  general),  two  assist- 
ant paymasters  general  (colonels),  two  deputy  paymasters  general  (lieutenant 
colonels),  and  sixty  paymasters  with  the  rank  of  major.  The  Paymaster  Gen- 
eral was  to  be  selected  from  the  corps,  and  the  vacancies  in  the  grade  of  major 
were  to  be  filled  by  the  appointment  of  persons  who  had  served  as  additional 
paymasters  during  the  War  of  the  Rebellion.  (Sees.  18  and  23,  act  of  July  28, 
1866,  14  Stat.  335.)  At  the  reduction  df  1869  it  was  provided  by  section  6  of 
the  act  of  March  3,  1869  (15  id.,  318),  that  there  should  be  no  more  appoint- 
ments or  promotions  in  the  department  until  the  further  order  of  Congress,  but 
this  requirement  was  modified  by  the  act  of  June  4,  1872  (17  id.,  219),  which 
authorized  the  appointment  of  a  Paymaster  General  with  the  rank  of  colonel 
to  fill  an  existing  vacancy,  and  by  the  act  of  March  2,  1875  (18  id.,  338),  and 
joint  resolution  No.  7  of  March  2,  1875  (id.,  524),  which  fixed  the  number  of 
paymasters  at  fifty.  The  rank  of  brigadier  general  was  restored  to  the  office 
of  Paymaster  General  by  the  act  of  July  22,  1876  (19  id.,  95),  and  the  restriction 
established  by  the  act  of  March  3,  1869,  was  finally  removed  by  the  act  of 
March  3,  1877  (id.,  270). 

A  gradual  reduction  in  the  strength  of  the  department  was  provided  for  in 
the  acts  of  March  3,  1883  (22  Stat.  451),  and  July  5,  1884  (23  id.,  108),  by 
authorizing  the  voluntary  retirement  of  paymasters  of  over  twenty  yenrs' 
service,  and  by  a  requirement  that  there  should  be  no  more  original  appoint- 
ments to  the  grade  of  lieutenant  colonel  and  major  until  the  number  of  officers 
in  the  department  had  been  reduced  to  thirty-five  and  the  organization  of  the 
department  was  thereafter  to  be  as  follows:  One  paymaster  general  (brigadier 
general),  two  assistant  paymasters  general  (colonels),  three  deputy  paymasters 
general  (lieutenant  colonels),  and  twenty-nine  paymasters  (majors).  By  the 
act  of  July  16,  1892  (27  id.,  175),  the  number  of  majors  was  reduced  to  twenty- 
five,  by  the  act  of  February  12,  1895  (28  id.,  655),  it  was  still  further  reduced  to 
twenty,  which  was  declared  to  be  the  number  authorized  by  law. 

By  section  21  of  the  act  of  February  2,  1901  (31  Stat.  754),  the  permanent 
strength  of  the  department  was  fixed  at  one  Paymaster  General  with  the  rank 


MILITARY   LAWS   OF   THE   UNITED   STATES.  283 

of  brigadier  general,  three  assistant  paymasters  general  with  the  rank  of  colo- 
nel, four  deputy  paymasters  general  with  the  rank  of  lieutenant  colonel,  twenty 
paymasters  with  the  rank  of  major,  and  twenty-five  paymasters  with  the  rank 
of  captain,  mounted.  A  system  of  details  was  also  established  by  the  operation 
of  which  the  permanent  commissioned  personnel  of  the  department  will  be 
replaced,  as  vacancies  occur,  by  officers  detailed  from  the  line  of  the  Army  for 
duty  in  the  Pay  Department. 

By  section  3  of  the  act  of  August  24,  1912  (37  Stat.  591),  the  Quartermaster's, 
Subsistence,  and  Pay  Departments  of  the  Army  were  consolidated  into  a  single 
department  known  as  tne  Quartermaster  Corps  of  the  Army,  the  officers  of 
the  consolidated  departments  thereafter  being  known  as  officers  of  the  Quarter- 
master Corps,  with  the  same  titles  of  rank  held  by  them  prior  to  the  consolida- 
tion ;  and,  for  the  purpose  of  filling  vacancies,  to  constitute  one  list  arranged 
according  to  rank,  etc. 


CHAPTER  XIX. 


THE  MEDICAL  DEPAKTMENT. 


Par. 
Organization 728 

The  Medical  Corps 729-743 

Composition 729 

Rank  and  precedence 730 

Same 731 

Appointments;  examinations...  732 

Same — contract  surgeons 733 

Promotions — seniority 734 

Same — examinations 735 

Same 736 

Saving  clause 737 

Contract  surgeons — employment    738 

Same — authority 739 

Same — assignment  of  pay 740 

Duties;  assignment 741 

Same — attendance    on    officers' 

families 742 

Same— supervision  of  cooking. . .  743 

The  Medical  Reserve  Corps 744-749 

Appointments,  rights,  and  privi- 
leges   744 

Same — contract  surgeons 745 

Active  duty  in  emergencies 746 

Same — pay  and  allowances 747 

Retirement  and  pensions 748 

Same — active     service     for     40 

years 749 

The  Dental  Corps 750-755 

Composition,  appointments, 

rights,  etc 750 

Qualifications,  pay,  etc 751 

Same — contract  dental  surgeons.  752 
Contract    dental    surgeons — em- 
ployment   753 

Same — examination 754 

Same — details...  .  755 


Par. 

The  Hospital  Corps 756-768 

Composition 756 

Same 757 

Hospital  stewards — stations 758 

Same — number 759 

Same — examinations 760 

Same — qualifications 761 

Same — quarters 762 

Rank  and  pay 763 

Same — hospital  stewards 764 

Same — privates 765 

Privates,  number  and  duties 766 

Same — details 767 

Ambulance  companies 768 

The  Nurse  Corps 769-772$ 

Composition;  pay  of  superintend- 
ent   769 

Allowances  of  superintendent...  770 
Pay  and  allowances  of  nurses . . .  771 

Cumulative  leaves 772 

Transportation  expenses 772^ 

Hospitals 773-775 

Hospital  matrons — employment.  773 

Same — pay  and  allowances 774 

Hospital  supplies 775 

Miscellaneous 776-783 

Treatment  in  private  hospitals, 

etc ...  776 

Pay  of  extra  nurses 777 

Epidemic  diseases 778 

Services  of  physicians 779 

Board  on  preparation  of  viruses .   780 
Advisory    board    for    Hygienic 

Laboratory 781 

Artificial  limbs 782 

Trusses...  .  783 


728.  Organization. — From  and  after  the  approval  of  this  Act  the 
Medical  Department  of  the  United  States  Army  shall  consist  of  a 
Medical  Corps  and  a  Medical  Reserve  Corps,  as  hereinafter  provided ; 
and  the  Hospital  Corps,  the  nurse  corps,  and  dental  surgeons,  as  now 
authorized  by  law.  Sec.  1,  Act  of  Apr.  23, 1908  (35  Stat.  66). 

285 


286  MILITARY   LAWS   OP   THE   UNITED   STATES. 

THE  MEDICAL  CORPS. 

729.  Composition. — The  Medical  Corps  shall' consist  of  one  Sur- 
geon-General, with  rank  of  brigadier-general,  who  shall  be  chief  of 
the  Medical  Department;  fourteen  colonels,  twenty-four  lieutenant- 
colonels,  one  hundred  and  five  majors,  and  three  hundred  captains  or 
first  lieutenants,  who  shall  have  rank,  pay,  and  allowances  of  officers 
of  corresponding  grades  in  the  cavalry  arm  of  the  service.    Immedi- 
ately following  the  approval  of  this  Act  all  officers  of  the  Medical  De- 
partment then  in  active  service,  other  than  the  Surgeon-General,  shall 
be  recommissioned  in  the  corresponding  grades  in  the  Medical  Corps 
established  by  this  Act  in  the  order  of  their  seniority  and  without 
loss  of  relative  rank  in  the  Army,  as  follows:  Assistant  surgeons- 
general,  with  the  rank  of  colonel,  as  colonels;  deputy  surgeons-gen- 
eral, with  rank  of  lieutenant-colonel,  as  lieutenant-colonels ;  surgeons, 
with  the  rank  of  major,  as  majors;  assistant  surgeons,  who  at  the 
time  of  the  approval  of  this  Act  shall  have  served  three  years  or 
more,  as  captains ;  and  assistant  surgeons,  with  the  rank  of  first  lieu- 
tenant, who  at  the  time  of  the  approval  of  this  Act  shall  have  served 
less  than  three  years  as  such,  as  first  lieutenants;  and  hereafter  first 
lieutenants  shall  be  promoted  to  the  grade  of  captain  after  three 
years'  service  in  the  Medical  Corps.    Sec.  2,  id. 

730.  Rank  and  precedence. — Officers  of  the  Medical  Department 
shall  take  rank  and  precedence  in  accordance  with  date  of  commis- 
sion or  appointment,  and  shall  be  so  borne  on  the  official  Army  Reg- 
ister.   Act  of  July  5,  1884  (Q3  Stat.  111). 

731.  Same. — Those  assistant  surgeons  who  at  the  time  of  the  ap- 
proval of  this  Act  shall  have  attained  their  captaincy  by  reason  of 
service  in  the  volunteer  forces  under  the  provisions  of  the  Act  of 
February  second,  nineteen  hundred  and  one,  section  eighteen,  or  who 
will  receive  their  captaincy  upon  the  approval  of  this  Act  by  virtue 
of  such  service,  shall  take  rank  among  the  officers  in  or  subsequently 
promoted  to  that  grade,  according  to  date  of  entrance  into  the  Medi- 
cal Department  of  the  Army  as  commissioned  officers.     Sec.  3,  Act 
of  Apr.  23,  1908  (35  Stat.  67). 

732.  Appointments — Examinations. — No  person  shall  receive  an 
appointment  as  first  lieutenant  in  the  Medical  Corps  unless  he  shall 
have  been  examined  and  approved  by  an  army  medical  board  con- 
sisting of  not  less  than  three  officers  of  the  Medical  Corps  designated 
by  the  Secretary  of  War.     Sec.  ^,  id. 

733.  Same — Contract  surgeons. — Any  contract  surgeon  not  over 
twenty-seven  years  of  age  at  date  of  his  appointment  as  contract 
surgeon  shall  be  eligible  to  appointment  in  the  regular  corps.     Sec. 
7,  id. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  287 

734.  Promotions — Seniority. — Promotions  in  the  Medical  Corps  to 
fill  vacancies  in  the  several  grades  created  or  caused  by  this  Act,  or 
hereafter  occurring,  shall  be  made  according  to  seniority,  but  all  such 
promotions  and  all  appointments  to  the  grade  of  first  lieutenant  in 
said  corps  shall  be  subject  to  examination  as  hereinafter  provided: 
Provided,  That  the  increase  in  grades  of  colonel,  lieutenant-colonel, 
and  major  provided  for  in  this  Act  shall  be  filled  by  promotion  each 
calendar  year  of  not  exceeding  two  lieutenant-colonels  to  be  colonels, 
three  majors  to  be  lieutenant -colonels,  fourteen  captains  to  be  majors, 
and  of  the  increase  in  the  grade  of  first  lieutenant  not  more  than 
twenty-five  per  centum  of  the  total  of  such  increase  shall  be  appointed 
in  any  one  calendar  year.    Sec.  3,  id. 

735.  Same — Examinations. — No  officer  of  the  Medical  Corps  below 
the  rank  of  lieutenant-colonel  shall  be  promoted  therein  until  he  shall 
have  successfully  passed  an  examination  before  an  army  medical 
board  consisting  of  not  less  than  three  officers  of  the  Medical  Corps, 
to  be  designated  by  the  Secretary  of  War,  such  examination  to  be 
prescribed  by  the  Secretary  of  War  and  to  be  held  at  such  time  an- 
terior to  the  accruing  of  the  right  to  promotion  as  may  be  for  the 
best  interests  of  the  service :  Provided,  That  should  any  officer  of  the 
Medical  Corps  fail  in  his  physical  examination  and  be  found  inca- 
pacitated for  service  by  reason  of  physical  disability  contracted  in 
the  line  of  duty,  he  shall  be  retired  with  the  rank  to  which  his  senior- 
ity entitled  him  to  be  promoted;  but  if  he  should  be  found  disquali- 
fied for  promotion  for  any  other  reason,  a  second  examination  shall 
not  be  allowed,  but  the  Secretary  of  War  shall  appoint  a  board  of  re- 
view to  consist  of  three  officers  of  the  Medical  Corps  superior  in  rank 
to  the  officer  examined,  none  of  whom  shall  have  served  as  a  member 
of  the  board  which  examined  him.     If  the  unfavorable  finding  of 
the  examining  board  is  concurred  in  by  the  board  of  review,  the 
officer  reported  disqualified  for  promotion  shall,  if  a  first  lieutenant 
or  captain,  be  honorably  discharged  from  the  service  with  one  year's 
pay;  and,  if  a  major,  shall  be  debarred  from  promotion  and  the  officer 
next  in  rank  found  qualified  shall  be  promoted  to  the  vacancy.     If 
the  action  of  the  examining  board  is  disapproved  by  the  board  of  re- 
view, the  officer  shall  be  considered  qualified  and  shall  be  promoted. 
Sec.  5,  id. 

736.  Same. — Any  major  of  the  Medical  Corps  on  the  active  list  of 
the  army  who,  at  his  first  examination  for  promotion  to  the  grade  of 
lieutenant-colonel  in  said  corps,  has  been  or  shall  hereafter  be  found 
disqualified  for  such  promotion  for  any  reason  other  than  physical 
disability  incurred  in  the  line  of  duty  shall  be  suspended  from  pro- 
motion and  his  right  thereto  shall  pass  successively  to  such  officers 
next  below  him  in  rank  in  said  corps  as  are  or  may  become  eligible 
to  promotion  under  existing  law  during  the  period  of  his  suspension; 


288  MILITARY   LAWS   OF    THE   UNITED   STATES.. 

and  any  officer  suspended  from  promotion,  as  hereinbefore  provided, 
shall  be  reexamined  as  soon  as  practicable  after  the  expiration  of 
one  year  from  the  date  of  completion  of  the  examination  that  re- 
sulted in  his  suspension;  and  if  on  such  reexamination  he  is  found 
qualified  for  promotion,  he  shall  again  become  eligible  thereto ;  but  if 
he  is  found  disqualified  by  reason  of  physical  disability  incurred  in 
line  of  duty,  he  shall  be  retired,  with  the  rank  to  which  his  seniority 
entitles  him  to  be  promoted;  and  if  he  is  not  found  disqualified  by 
reason  of  such  physical  disability,  but  is  found  disqualified  for  pro- 
motion for  any  other  reason,  he  shall  be  retired  without  promotion. 
Act  of  Mar.  3, 1909  (35  Stat.  737} . 

737.  Saving  clause. — Nothing  in  this  Act  shall  be  construed  to 
legislate  out  of  the  service  any  officer  now  in  the  Medical  Department 
of  the  Army,  nor  to  affect  the  relative  rank  or  promotion  of  any  med- 
ical officer  now  in  the  service,  or  who  may  hereafter  be  appointed 
therein,  as  determined  by  the  date  of  his  appointment  or  commission, 
except  as  herein  otherwise  provided  in  section  three.1    Sec.  6,  Act  of 
Apr.  23, 1908  (35  Stat.  68). 

738.  Contract  surgeons — Employment. — In  emergencies  the  Sur- 
geon-General of  the  Army,  with  the  approval  of  the  Secretary  of 
War,  may  appoint  as  many  contract  surgeons  as  may  be  necessary, 
at  a  compensation  not  to  exceed  one  hundred  and  fifty  dollars  per 
month.2    Sec.  18,  Act  of  Feb.  V,  1901  (31  Stat.  752). 

739.  Same — Authority. — When  a  contract  surgeon  is  in  charge  of 
a  hospital  he  shall  have  the  same  authority  as  a  commissioned  medical 
officer.3    Act  of  Apr.  23,  1904  (33  Stat.  266). 

740.  Same — Assignment  of  pay. — Hereafter  contract  surgeons  and 
contract  dental  surgeons  on  duty  in  Alaska,  Hawaii,  the  Philippine 
Islands,  and  Porto  Rico  may  transfer  or  assign  their  pay  accounts, 

1  Paragraph  734,  ante. 

2  This  enactment  replaces  section  2  of  the  act  of  May  12,  1898  (30  Stat.  400), 
in  pari  materia.    The  office  of  contract  surgeon  was  first  established  by  regula- 
tion, but  their  compensation  has  been  provided  for  in  the  annual  acts  of  appro- 
priation for  the  support  of  the  Army.    Such  provision  ceased  to  be  made  in  the 
act  of  July  16,  1892  (27  Stat.  175),  and,  until  May  12,  1898,  when  their  employ- 
ment was  again  authorized  by  law. 

As  to  military  rank  and  status  of  contract  surgeons,  see  Dig.  J.  A.  G.,  97-98, 
4c,  d. 

A  "  contract "  or  "  acting  assistant "  surgeon  is  not  a  military  officer  and  has 
no  military  rank.  He  is  amenable  to  the  military  jurisdiction  when  employed 
with  the  Army  in  the  field  in  time  of  war,  under  the  sixty-third  article  of  war, 
but  is  in  fact  no  part  of  the  military  establishment,  being  merely  a  civilian  em- 
ployed by  the  United  States,  by  contract  for  his  personal  services  as  a  medical 
attendant  to  the  troops.  When  not  serving  with  troops  before  the  enemy  he  has 
no  other  relation  to  the  military  organization  or  the  Government  than  that  estab- 
lished by  the  terms  of  his  contract,  made  in  accordance  with  the  Army  Regula- 
tions. He  is  not  subject  to  military  orders  in  general,  like  an  officer  or  soldier, 
but  only  to  such  orders  or  directions  as  properly  pertain  to  the  performance  of 
his  particular  duties.  He  is,  of  course,  not  eligible  to  be  detailed  as  a  member 
of  a  military  court.  As  a  civilian,  however,  he  is  entitled  to  the  per  diem  allow- 
ance, etc.,  when  duly  attending  a  court-martial.  Dig.  Opin.  J.  A.  G.,  97  (c). 

8  See  A.  R.  1391  and  1394  of  1913. 


MILITARY   LAWS   OF    THE   UNITED   STATES.  289 

when  due  and  payable,  in  the  methods  now  provided  by  regulations 
for  commissioned  officers  of  the  Army.     Id. 

741. — Duties — Assignment. — Medical  officers  of  the  Army  may  be 
assigned  by  the  Secretary  of  War  to  such  duties  as  the  interests  of 
the  service  may  demand.1  Sec.  3,  Act  of  July  87, 1892  (27  Stat.  277). 

742.  Same — Attendance  on  officers''  families. — The  medical  officers 
of  the  Army  and  contract  surgeons  shall  whenever  practicable  attend 
the  families  of  the  officers  and  soldiers  free  of  charge.2    Act  of  July 
5,1884  (23  Stat.  112). 

743.  Same — Supervision  of  cooking. — The  officers  of  the  Medical 
Department  of  the  Army  shall  unite  with  the  officers  of  the  line, 
under  such  rules  and  regulations  as  shall  be  prescribed  by  the  Secre- 
tary of  War,  in  superintending  the  Booking  done  by  the  enlisted  men ; 
and  the  Surgeon- General  shall  promulgate  to  the  officers  of  said 
corps  such  regulations  and  instructions  as  may  tend  to  insure  the 
proper  preparation  of  the  ration  of  the  soldier.     Sec.  1174)  ft*  8. 

THE  MEDICAL  RESERVE   CORPS. 

744.  Appointments,  rights,  and  privileges. — For  the  purpose  of 
securing  a  reserve  corps  of  medical  officers  available  for  military 
service,  the  President  of  the  United  States  is  authorized  to  issue 
commissions  as  first  lieutenants  therein  to  such  graduates  of  reputable 
schools  of  medicine,  citizens  of  the  United  States,  as  shall  from  time 
to  time,  upon  examination  to  be  prescribed  by  the  Secretary  of  War, 
be  found  physically,  mentally,  and  morally  qualified  to  hold  such 
commissions,  the  persons  so  commissioned  to  constitute  and  be  known 
as  the  Medical  Keserve  Corps.     The  commissions  so  given  shall  con- 
fer upon  the  holders  all  the  authority,  rights,  and  privileges  of  com- 
missioned officers  of  the  like  grade  in  the  Medical  Corps  of  the  United 
States  Army,  except  promotions,  but  only  when  called  into  active 
duty,  as  hereinafter  provided,  and  during  the  period  of  such  active 
duty.     Officers  of  the  Medical  Reserve  Corps  shall  have  rank  in  said 
corps   according  to   date  of  their   commissions  therein,   and   when 
employed  on  active  duty,  as  hereinafter  provided,  shall  rank  next 
below  all  other  officers  of  like  grade  in  the  United  States  Army. 
Sec.  7,  Act  of  Apr.  23, 1908  (35  Stat.  68). 

1  For  general  provisions  as  to  the  duties  of  the.  Medical  Department  see  pars. 
1386,  1387,  A.  R.  1913.    As  to  responsibility  of  a  commanding  officer  ordering  a 
soldier  to  duty  when  excused  by  the  surgeon,  see  Dig.  J.  A.  G.,  266  A  2d. 

2  As  to  the  meaning  of  the  word  practicable  see  Dig.  J.  A.  G.,  94,  d,  1.     As  to 
officers'  servants,  see  Dig.  J.  A.  G.,  98,  8,  a.    The  circular  referred  to  in  8,  a, 
reads : 

"  Officers'  servants  can  not,  as  a  matter  of  right,  be  admitted  to  post  hospitals 
for  treatment.  They  are  'resident  civilians  not  in  the  public  service,'  and 
while,  as  a  matter  of  comity,  it  has  been  the  practice  to  afford  them  (under  the 
provisions  of  paragraph  1634  of  the  Regulations)  medical  attendance  while 
inmates  of  officers'  households,  no  further  claim  can  be  founded  upon  such 
practice."  (Decision  Sec.  War,  Jan.  16,  1890.) 

48985°— 15 19 


290  MILITABY   LAWS   OF   THE   UNITED   STATES. 

745.  Same — Contract  surgeons. — Contract   surgeons  now   in  the 
military  service  who  receive  the  favorable  recommendation  of  the 
Surgeon- General  of  the  Army  shall  be  eligible  for  appointment  in 
said  reserve  corps  without  further  examination.    Id. 

746.  Active  duty  in  emergencies. — In  emergencies  the  Secretary  of 
War  may  order  officers  of  the  Medical  Reserve  Corps  to  active  duty 
in  the  service  of  the  United  States  in  such  numbers  as  the  public 
interests  may  require,  and  may  relieve  them  from  such  duty  when 
their  services  are  no  longer  necessary:  Provided,  That  nothing  in 
this  Act  shall  be  construed  as  authorizing  an  officer  of  the  Medical 
Reserve  Corps  to  be  ordered  upon  active  duty  as  herein  provided  who 
is  unwilling  to  accept  such  service,  nor  to  prohibit  an  officer  of  the 
Medical  Reserve  Corps  not  designated  for  active  duty  from  service 
with  the  militia,  or  with  the  volunteer  troops  of  the  United  States, 
or  in  the  service  of  the  United  States  in  any  other  capacity,  but  when 
so  serving  with  the  militia  or  with  volunteer  troops,  or  when  em- 
ployed in  the  service  of  the  United  States  in  any  other  capacity,  an 
officer  of  the  Medical  Reserve  Corps  shall  not  be  subject  to  call  for 
duty  under  the  terms  of  this  section:  And  provided  further,  That 
the  President  is  authorized  to  honorably  discharge  from  the  Medical 
Reserve  Corps  any  officer  thereof  whose  services  are  no  longer  re- 
quired:  And  provided  further,  That  officers  of  the  Medical  Reserve 
Corps  who  apply  for  appointment  in  the  Medical  Corps  of  the  Army 
may,  upon  the  recommendation  of  the  Surgeon-General,  be  placed 
on  active  duty  by  the  Secretary  of  War  and  ordered  to  the  Army 
Medical  School  for  instruction  and  further  examination  to  determine 
their  fitness  for  commission  in  the  Medical  Corps:  And  provided 
further,  That  any  officer  of  the  Medical  Reserve  Corps  who  is  subject 
to  call  and  who  shall  be  ordered  upon  active  duty  as  herein  provided 
and  who  shall  be  unwilling  and  refuse  to  accept  such  service  shall 
forfeit  his  commission.1    Sec.  8,  id. 

747.  Same — Pay  and  allowances. — Officers  of  the  Medical  Reserve 
Corps  when  called  upon  active  duty  in  the  service  of  the  United 
States,  as  provided  in  section  eight  of  this  Act,  shall  be  subject  to 
the  laws,  regulations,  and  orders  for  the  government  of  the  Regular 
Army,  and  during  the  period  of  such  service  shall  be  entitled  to  the 
pay  and  allowances  of  first  lieutenants  of  the  Medical  Corps  with 
increase  for  length  of  service  now  allowed  by  law,  said  increase  to 
be  computed  only  for  time  of  active  duty.     Sec.  9,  id. 

748.  Retirement  and  pensions. — No  officer  of  the  Medical  Reserve 
Corps  shall  be  entitled  to  retirement  or  retirement  pay,  nor  shall  he 
be  entitled  to  pension  except  for  physical  disability  incurred  in  the 
line  of  duty  while  in  active  duty.     Id. 

1  As  to  what  constitutes  an  emergency  see  Dig.  J.  A.  G.,  95  a. 


MILITARY  LAWS  OF   THE  UNITED  STATES.  291 

749.  Same — Active  service  for  40  years. — Any  officer  of  the  Medi- 
cal Reserve  Corps  who  shall  have  reached  the  age  of  seventy  years, 
and  whose  total  active  service  in  the  Army  of  the  United  States, 
Regular  or  Volunteer,  as  such  officer,  and  as  contract  or  acting 
assistant  surgeon,  and  as  an  enlisted  man,  shall  equal  forty  years, 
may  thereupon,  in  the  discretion  of  the  President,  be  placed  upon 
the  retired  list  of  the  Army  with  the  rank,  pay,  and  allowances  of  a 
first  lieutenant.1    Act  of  Mar.  4, 1911  (36  Stat.  1348). 

THE  DENTAL  CORPS. 

750.  Composition,  appointments,  rights,  etc. — Hereafter  there  shall 
be  attached  to  the  Medical  Department  a  dental  corps,  which  shall 
be  composed  of  dental  surgeons  anji  acting  dental  surgeons,  the  total 
number  of  which  shall  not  exceed  the  proportion  of  one  to  each 
thousand  of  actual  enlisted  strength  of  the  Army;  the  number  of 
dental  surgeons  shall  not  exceed  sixty,  and  the  number  of  acting 
dental  surgeons  shall  be  such  as  may,  from  time  to  time,  be  author- 
ized by  law.    All  original  appointments  to  the  dental  corps  shall 
be  as  acting  dental  surgeons,  who  shall  have  the  same  official  status, 
pay,  and  allowances  as  the  contract  dental  surgeons  now  authorized 
by  law.    Acting  dental  surgeons  who  have  served  three  years  in  a 
manner  satisfactory  to  the  Secretary  of  War  shall  be  eligible  for 
appointment  as  dental  surgeons,  and,  after  passing  in  a  satisfactory 
manner  an  examination  which  may  be  prescribed  by  the  Secretary 
of  War,  may  be  commissioned  with  the  rank  of  first  lieutenant  in 
the  dental  corps  to  fill  the  vacancies  existing  therein.     Officers  of 
the  dental  corps  shall  have  rank  in  such  corps  according  to  date  of 
their  commissions  therein  and  shall  rank  next  below  officers  of  the 
Medical  Reserve  Corps.     Their  right  to  command  shall  be  limited 
to  the  dental  corps.    The  pay  and  allowances  of  dental  surgeons  shall 
be  those  of  first  lieutenants,  including  the  right  to  retirement  on 
account  of  age  or  disability,  as  in  the  case  of  other  officers.    Act  of 
Mar.  3, 1911  (36  Stat.  1054). 

751.  Qualifications,  pay,   etc. — The  time  served  by   dental  sur- 
geons as  acting  dental  or  contract  dental  surgeons  shall  be  reckoned 
in  computing  the  increased  service  pay  of  such  as  are  commissioned 
under  this  Act.    The  appointees  as  acting  dental  surgeons  must  be 
citizens  of  the  United  States  between  twenty-one  and  twenty-seven 
years  of  age,  graduates  of  a  standard  dental  college,  of  good  moral 
character  and  good  professional  education,  and  they  shall  be  required 
to  pass  the  usual  physical  examination  required  for  appointment  in 
the  Medical  Corps,  and  a  professional  examination  which  shall  in- 
clude tests  of  skill  in  practical  dentistry  and  of  proficiency  in  the 
usual  subjects  of  a  standard  dental  college  course.    Id. 

'This  paragraph  amends  the  act  of  June  22,  1910  (36  Stats.  580),  by  omitting 
the  words  "  in  the  War  of  the  Rebellion." 


292  MILITARY   LAWS   OF   THE   UNITED   STATES. 

752.  /Same — Contract  dental  surgeons. — The  contract  dental  sur- 
geons attached  to  the  Medical  Department  at  the  time  of  the  passage 
of  this  Act  may  be  eligible  for  appointment  as  first  lieutenants,  den- 
tal corps,  without  limitation  as  to  age :  And  provided  further,  That 
the  professional  examination  for  such  appointment  may  be  waived 
in  the  case  of  contract  dental  surgeons  in  the  service  at  the  time  of 
the  passage  of  this  Act  whose  efficiency  reports  and  entrance  examina- 
tions are  satisfactory.    The  Secretary  of  War  is  authorized  to  ap- 
point boards  of  three  examiners  to  conduct  the  examinations  herein 
prescribed,  one  of  whom  shall  be  a  surgeon  in  the  Army  and  two  of 
whom  shall  be  selected  by  the  Secretary  of  War  from  the  commis- 
sioned dental  surgeons.    Id. 

753.  Contract  dental  surgeons — Employment. — The  Surgeon-Gen- 
eral of  the  Army,  with  the  approval  of  the  Secretary  of  War,  is 
hereby  authorized  to  employ  dental  surgeons  to  serve  the  officers  and 
enlisted  men  of  the  Regular  and  Volunteer  Army,  in  the  proportion 
of,  not  to  exceed  one  for  every  one  thousand  of  said  Army,  and  not 
exceeding  thirty  in  all.    Said  dental  surgeons  shall  be  employed  as 
contract  dental  surgeons  under  the  same  terms  and  conditions  ap- 
plicable to  army  contra9t  surgeons,  and  shall  be  graduates  of  stand- 
ard medical  or  dental  colleges,  trained  in  the  several  branches  of 
dentistry,  of  good  moral  and  professional  character,  and  shall  pass 
a  satisfactory  professional  examination.     Sec.  18,  Act  of  Feb.  2, 
1901  (31  Stat.752}. 

754.  Same — Examination. — Three  of  the  number  of  dental  sur- 
geons to  be  employed  shall  be  first  appointed  by  the  Surgeon-General, 
with  the  approval  of  the  Secretary  of  War,  with  reference  to  their 
fitness  for  assignment,  under  the  direction  of  the  Surgeon-General, 
to  the  special  service  of  conducting  the  examination  and  supervising 
the  operations  of  the  others;  and  for  such  special  service  an  extra 
compensation  of  sixty  dollars  per  month  will  be  allowed:  Provided 
further,  That  dental-college  graduates  now  employed  in  the  Hospital 
Corps,  who  have  been  detailed  for  a  period  of  not  less  than  twelve 
months  to  render  dental  service  to  the  Army,  and  who  are  shown 
by  the  reports  of  their  superiors  to  have  rendered  such  service  satis- 
factorily, may  be  appointed  contract  dental  surgeons  without  exam- 
ination.1   Id. 

755.  Same — Details. — Hereafter  the  number  of  dental  surgeons  au- 
thorized by  law  shall  be  thirty-one,  of  which  number  one  shall  be 
detailed  to  the  United  States  Military  Academy.2     Act  of  Mar.  #, 
1907  (S^Stat.  1163). 

1  For  regulations  fixing  the  status  and  regulating  the  employment  and  duties 
of  contract  and  dental  surgeons  see  pars.  1390  to  1394,  Army  Regulations 
of  1913. 

a  The  number  of  dental  surgeons  was  increased  to  60  by  the  act  of  March  3, 
1911.  (See  p.  750,  ante.) 


MILITARY   LAWS   OF    THE   UNITED   STATES.  293 

THE  HOSPITAL  CORPS. 

756.  Composition. — The   Hospital   Corps1   of  the  United   States 
Army  shall  consist  of  hospital  stewards,  acting  hospital  stewards, 
and  privates;  and  all  necessary  hospital  services  in  garrison,  camp, 
or  field   (including  ambulance  service)   shall  be  performed  by  the 
members  thereof,  who  shall  be  regularly  enlisted  in  the  military 
service;  said  corps  shall  be  permanently  attached  to  the  Medical 
Department.2    Act  of  Mar.  1, 1887  ($4  Stat.  435). 

757.  Same. — The  Hospital  Corps  of  the  United  States  Army  shall 
consist  of  sergeants  first  class,  sergeants,  corporals,  privates  first  class, 
and  privates.    Act  of  Mar.  <2, 1903  (32  Stat.  930) . 

75$.  Hospital  stewards — Stations. — The  Secretary  of  War  is  em- 
powered to  appoint  as  many  hospital  stewards  as,  in  his  judgment, 
the  service  may  require ;  but  not  more  than  one  hospital  steward  shall 
be  stationed  at  any  post  or  place  without  special  authority  of  the 
Secretary  of  War.  There  shall  be  no  appointments  of  hospital  stew- 
ards until  the  number  of  hospital  stewards  shall  be  reduced  below  one 
hundred,  and  thereafter  the  number  of  such  officers  shall  not  exceed 
one  hundred.3  Sec.  2,  Act  of  Mar.  1, 1887  (24  Stat.  435) ,  as  amended 
ly  Act  of  Mar.  16, 1896  (29  Stat.  61). 

759.  Same — Number. — The  Secretary  of  War  is  authorized  to  ap- 
point in  the  Hospital  Corps,  in  addition  to  the  two  hundred  hospital 
stewards  now  allowed  by  law,  one  hundred  hospital  stewards.    Sec. 
18,  Act  of  Pel.  2, 1901  (31  Stat.  753). 

760.  Same — Examinations. — No  person  shall  be  appointed  a  hos- 
pital steward  unless  he  shall  have  passed  a  satisfactory  examination 
before  a  board  of  one  or  more  medical  officers  as  to  his  qualifications 
for  the  position,  and  demonstrated  his  fitness  therefor  by  service  of 
not  less  than  twelve  months  as  acting  hospital  steward ;  and  no  per- 
son shall  be  designated  for  such  examination  except  by  written  au- 
thority of  the  Surgeon-General.     Sec.  4,  Act  of  Mar.  1,  1887  (24 
Stat.  435). 

761.  Same — Qualifications. — Men    who   have    served    as    hospital 
stewards  of  volunteers  of  volunteer  regiments,  or  acted  in  that  capac- 

lrThe  act  of  March  11,  1864  (13  Stat.  20),  made  provision  uniform  for  a  sys- 
tem of  ambulances  for  the  armies  in  the  field,  by  the  establishment  of  an  Am- 
bulance Corps,  to  be  composed  of  officers  and  enlisted  men  detailed  for  such 
service  from  the  regiments  of  the  line.  The  composition,  distribution,  and 
duties  of  the  corps  were  regulated  by  statute,  supplemented  in  some  matters  by 
Executive  regulations  and  orders.  The  act  of  March  11,  1S64,  though  passed 
to  meet  an  emergency  of  war,  was  not  restricted  to  a  time  of  war  and  so  con- 
tinued in  existence  until  replaced  by  the  enactment  establishing  the  Hospital 
Corps. 

2  Sections  1179,  1180.  and  1181  of  the  Revised  Statutes  were  repealed  by  the 
act  of  March  1,  1887  (24  Stat.  435),  creating  the  Hospital  Corps.     By  the  act 
of  March  8,  1898  (30  id.,  261),  the  enlisted  men  of  the  Hospital  Corps  are  re- 
quired to  be  included  in  the  authorized  enlisted  strength  of  the  Army. 

3  The  act  of  May  26,  1900  (31  Stat.  211),  authorized  an  additional  number  of 
100  hospital  stewards. 


294  MILITARY   LAWS   OF   THE   UNITED   STATES. 

ity  during  and  since  the  Spanish- American  war  for  more  than  six 
months,  may  be  appointed  hospital  stewards  in  the  Regular  Army: 
And  provided  further,  That  all  men  so  appointed  shall  be  of  good 
moral  character  and  shall  have  passed  a  satisfactory  mental  and 
physical  examination.  Sec.  18,  Act  of  Feb.  2,  1901  (31 'Stat.  753). 

762.  Same — Quarters. — Hereafter  the  posts  at  which  such  quar- 
ters [for  hospital  stewards]  shall  be  constructed  shall  be  designated 
by  the  Secretary  of  War,  and  such  quarters  shall  be  built  by  contract, 
after  legal  advertisement,  whenever  the  same  is  practicable.    Act  of 
Feb.  27, 1893  (27  Stat.  484)- 

763.  Rank  and  pay. — The  rank  and  pay  of  sergeants  first  class, 
sergeants,  and  privates  first  class  shall  be  as  now  provided  by  law 
for  hospital  stewards,  acting  hospital  stewards,  and  privates  of  the 
Hospital  Corps;  corporals  shall  receive  twenty  dollars  per  month 
and  privates  sixteen  dollars,  with  such  increase  on  account  of  length 
of  service  as  is  now  or  may  hereafter  be  allowed  by  law  to  other  en- 
listed men.1    Act  of  Mar.  2, 1903  (32  Stat.  930). 

764.  Same — Hospital  stewards. — The   pay    of   hospital    stewards 
shall  be  forty-five  dollars  per  month,  with  the  increase  on  account 
of  length  of  service  as  is  now  or  may  hereafter  be  allowed  by  law  to 
other  enlisted  men.     They  shall  have  rank  with  ordnance-sergeants 
and  be  entitled  to  all  the  allowances  appertaining  to  that  grade.2    Sec. 
3,  Act  of  Mar.  1, 1887  (24  Stat.  435). 

765.  Same — Privates. — The  pay  of  privates  of  the  Hospital  Corps 
shall  be  eighteen  dollars  per  month,  with  the  increase  on  account  of 
length  of  service  as  is  now  or  may  hereafter  be  allowed  by  law  to 
other  enlisted  men ;  they  shall  be  entitled  to  the  same  allowances  as  a 
corporal  of  the  arm  of  service  with  which  on  duty.3    Act  of  July  13, 
1892  (27  Stat.  120). 

766.  Privates;  number  and  duties. — The  Secretary  of  War  is  em- 
powered to  enlist,  or  cause  to  be  enlisted,  as  many  privates  of  the 
Hospital  Corps  as  the  service  may  require,  and  to  limit  or  fix  the 
number,  and  make  such  regulations  for  their  government  as  may  be 
necessary;  and  any  enlisted  man  in  the  Army  shall  be  eligible  for 
transfer  to  the  Hospital  Corps  as  a  private.    They  shall  perform  duty 
as  wardmasters,  cooks,  nurses,  and  attendants  in  hospitals,  and  as 
stretcher  bearers,  litter  bearers,  and  ambulance  attendants  in  the  field, 
and  such  other  duties  as  may  by  proper  authority  be  required  of 
them.    Sec.  5,  Act  of  Mar.  1, 1887  (24  Stat.  435). 

767.  Same — Details. — Privates  of  the  Hospital  Corps  may  be  de- 
tailed as  acting  hospital  stewards  by  the  Secretary  of  War,  upon  the 

1  See  note  to  par.  765,  post. 

2  See  note  to  par.  765,  post. 

8  The  monthly  pay  of  men  in  the  Hospital  Corps  was  fixed  by  the  act  of  May 
11,  1908,  as  follows :  Sergeant,  first  class,  $50 ;  sergeant,  $30 ;  acting  cook,  $30 ; 
corporal,  $24 ;  private,  first  class,  $18 ;  private,  $16. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  295 

recommendation  of  the  Surgeon- General,  whenever  the  necessities  of 
the  service  require  it ;  and  while  so  detailed  their  pay  shall  be  twenty- 
five  dollars  per  month,  with  increase  as  above  stated.1  Acting  hos- 
pital stewrads,  when  educated  in  the  duties  of  the  position,  may  be 
eligible  for  examination  for  appointment  as  hospital  stewards  as 
above  provided.  Sec.  7,  id. 

768.  Ambulance  companies. — The  Secretary  of  War  is  authorized 
to  organize  companies  of  instruction,  ambulance  companies,  field 
hospital,  and  other  detachments  of  the  Hospital  Corps  as  the  neces- 
sities of  the  service  may  require.    Act  of  Mar.  2, 1903  (32  Stat.  930). 

THE  NURSE  CORPS. 

769.  Composition;    pay    of    superintendent. — The    Nurse    Corps 
(female)  shall  consist  of  one  superintendent,  to  be  appointed  by  the 
Secretary  of  War,  who  shall  be  a  graduate  of  a  hospital  training 
school  having  a  course  of  instruction  of  not  less  than  two  years, 
whose  term  of  office  may  be  terminated  at  his  discretion,  whose  com- 
pensation shall  be  one  thousand  eight  hundred  dollars  per  annum, 
and  of  as  many  chief  nurses,  nurses,  and  reserve  nurses  as  may  be 
needed.     Reserve  nurses  may  be  assigned  to  active  duty  when  the 
emergency  of  the  service  demands,  but  shall  receive  no  compensation 
except  when  on  such  duty:  Provided,  That  all  nurses  in  the  Nurse 
Corps  shall  be  appointed  or  removed  by  the  Surgeon- General,  with 
the  approval  of  the  Secretary  of  War;  that  they  shall  be  graduates 
of  hospital  training  schools,  and  shall  have  passed  a  satisfactory 
professional,  moral,  mental,  and  physical  examination.    Sec.  19,  Act 
of  Feb.  2, 1901  (31  Stat.  753). 

770.  Allowances  of  superintendent. — The  superintendent  shall  re- 
ceive  such   allowances   of   quarters,   subsistence   and   medical   care 
during  illness  as  may  be  prescribed  in  regulations  by  the  Secretary 
of  War.     Act  of  Aug.  24, 1912  (37  Stat.  575) . 

771.  Pay  of  Nurse  Corps. — The  Superintendent  and  members  of 
the  Female  Nurse  Corps  shall  hereafter  be  paid  at  the  following 
rates :  Superintendent  Nurse  Corps,  one  thousand  eight  hundred  dol- 
lars per  annum;  female  nurses,  fifty  dollars  per  month  for  the  first 
period  of  three  years'  service;  fifty-five  dollars  per  month  for  the 
second  period  of  three  years'  service ;  sixty  dollars  per  month  for  the 
third  period  of  three  years'  service ;  and  sixty-five  dollars  per  month 
after  nine  years'  service  in  said  Nurse  Corps ;  and  all  female  nurses 
shall  hereafter  be  entitled,  in  addition  to  the  rates  of  pay  as  herein 
provided,  to  ten  dollars  per  month  when  serving  beyond  the  limits 

*A  private  who  is  detailed  as  an  acting  hospital  steward,  as  provided  In  the 
act  of  March  1,  1887,  is  to  be  regarded  as  promoted  to  that  grade,  and  the  extra 
pay,  travel  pay,  and  retired  pay  to  which  he  may  be  entitled  upon  discharge  or 
retirement  are  to  be  computed  on  the  basis  of  the  pay  provided  for  an  acting 
hospital  steward.  (6  Comp.  Dec.,  807.) 


296  MILITARY  LAWS   OF   THE  UNITED  STATES. 

of  the  States  comprising  the  Union  and  the  Territories  of  the  United 
States  contiguous  thereto  (excepting  Porto  Rico  and  Hawaii),  and 
to  cumulative  leave  of  absence  with  pay  at  the  rate  of  thirty  days 
for  each  calendar  year  of  service  in  said  corps;  and  when  serving 
as  chief  nurses  their  pay  may  be  increased  by  authority  of  the  Sec- 
retary of  War,  such  increase  not  to  exceed  thirty  dollars  per  month ; 
and  the  superintendent  shall  be  entitled  to  the  same  allowances, 
when  on  duty,  as  the  members  of  the  Nurse  Corps.  Act  of  Mar.  23, 
1910  (36  Stat.  2$). 

772.  Cumulative  leaves. — The  superintendent  and  members  of  the 
Female  Nurse  Corps  when  serving  in  Alaska  or  at  places  without 
the  limits  of  the  United  States  may  be  allowed  the  same  privileges 
in  regard  to  cumulative  leaves  of  absence  and  method  of  computa- 
tion  of   same   as   are   now   allowed   by   law   to   Army   officers   so 
serving.    Act  of  Mar.  4, 1912  (37  Stat.  72) . 

772J.  Transportation  expenses. — The  superintendent  and  nurses 
shall  receive  transportation  and  necessary  expenses  when  traveling 
under  orders.  Sec.  19,  Act  of  Feb.  2, 1901  (31  Stat.  753). 

HOSPITALS.1 

773.  Hospital  matrons — Employment. — Hospital  matrons    *    *    * 
may  be  employed  in  post  or  regimental  hospitals  in  such  numbers  as 
may  be  necessary.    Sec.  1239,  R.  S. 

774.  Same — Pay  and  allowances. — Hospital  matrons  in  post  and 
regimental  hospitals   shall   receive   ten   dollars   a   month     *     *     *. 
One  ration  in  kind  or  by  commutation  shall  be  allowed  to  each.2 
Sec.  1277,  R.  S. 

775.  Hospital  supplies. — Such  quantities   of   fresh   or  preserved 
fruits,  milk,  butter,  and  eggs  as  may  be  necessary  for  the  proper  diet 
of  the  sick  may  be  allowed  in  hospitals.     They  shall  be  provided 
under  such  rules  as  the  Surgeon-General,  with  the  approval  of  the 
Secretary  of  War,  shall  prescribe.3    Sec.  1175,  R.  S. 

MISCELLANEOUS. 

776.  Treatment  in  private  hospitals,  etc. — For  medical  care  and 
treatment  not  otherwise  provided  for,  including  care  and  subsistence 

1  As  to  hospital  buildings,  management  ef  the  same,  etc.,  see  pars.  1464  to  1470, 
A.  R.,  1913. 

"The  authority  for  the  employment  of  female  nurses,  conferred  by  section 
^239,  Revised  Statutes,  was  replaced  by  section  19,  act  of  February  2,  1901, 
paragraphs  769  to  772^,  ante.  The  rate  of  compensation  for  female  nurses  fixed 
at  40  cents  per  day  by  section  1277  of  the  Revised  Statutes,  was  replaced  by  the 
rates  of  compensation  established  in  section  19  of  the  act  of  February  2,  1901 
(31  Stat  753),  paragraph  771,  ante. 

3  For  statutes  authorizing  an  addition  to  the  ration  in  the  case  of  patients  in 
hospital  who  are  too  sick  to  be  subsisted  on  the  Army  ration,  and  for  a  similar 
increase  in  case  of  enlisted  men  in  camp  during  recovery  from  low  conditions  of 
health,  consequent  upon  service  in  unhealthy  regions  or  in  debilitating  climates, 
see  the  act  of  February  26,  1900  (31  Stat.  212). 


MILITAKY   LAWS   OF    THE    UNITED   STATES.  297 

in  private  hospitals,  of  officers,  enlisted  men,1  and  civilian  employees 
of  the  Army,  of  applicants  for  enlistment,  and  of  prisoners  of  war 
and  other  persons  in  military  custody  or  confinement,  when  entitled 
thereto  by  law,  regulation,  or  contract :  Provided,  That  this  shall  not 
apply  to  officers  and  enlisted  men  who  are  treated  in  private  hospitals 
or  by  civilian  physicians  while  on  furlough,  *  *  *  dollars.2 
Act  of  Mar.  8, 1913  (37  Stat.  718). 

111.  Pay  of  extra  nurses. — For  the  pay  of  male  and  female  nurses, 
not  including  the  Nurse  Corps  (female),  and  of  cooks  and  other  civil- 
ians employed  for  the  proper  care  of  sick  officers  and  soldiers,  under 
such  regulations  fixing  their  number,  qualifications,  assignment,  pay, 
and  allowances  as  shall  have  been  or  shall  be  prescribed  by  the  Sec- 
retary of  War,  *  *  *  dollars.3  Act  of  Mar.  3,  1911  (36  Stat. 
1054). 

778.  Epidemic  diseases. — For  the  proper  care  and  treatment  of 
epidemic  and  contagious  diseases  in  the  Army  or  at  military  posts 
or  stations,  including  measures  to  prevent  the  spread  thereof,  and 
the  payment  of  reasonable  damages  not  otherwise  provided  for,  for 
bedding   and   clothing   injured   or   destroyed   in   such   prevention, 
*     *     *     dollars.2    Id. 

779.  Services  of  physicians. — For  the  pay  of  civilian  physicians 
employed  to  examine  physically  applicants  for  enlistment  and  en- 
listed men,  and  to  render  other  professional  services  from  time  to 
time  under  proper  authority,    *    *    *    dollars.    Act  of  Mar.  0, 1907 
(34  Stat.  1172). 

780.  Board  on  preparation  of  viruses. — The  Surgeon- General  of 
the  Army,  the  Surgeon-General  of  the  Navy,  and  the  supervising 
Surgeon- General  of  the  Marine-Hospital  Service,  are  hereby  con- 
stituted a  board  with  authority,  subject  to  the  approval  of  the  Secre- 
tary of  the  Treasury,  to  promulgate  from  time  to  time  such  rules  as 
may  be  necessary  in  the  judgment  of  said  board  to  govern  the  issue, 
suspension,  and  revocation  of  licenses  for  the  maintenance  of  estab- 
lishments for  the  propagation  and  preparation  of  viruses,  serums, 
toxins,  antitoxins,  and  analogous  products,  applicable  to  the  preven- 
tion and  cure  of  diseases  of  man,  intended  for  sale  in  the  District  of 
Columbia,  or  to  be  sent,  carried,  or  brought  for  sale  from  any  State, 
Territory,  or  the  District  of  Columbia,  into  any  other  State,  Terri- 
tory, or  the  District  of  Columbia,  or  from  the  United  States  into  any 
foreign  country,  or  from  any  foreign  country  into  the  United  States : 
Provided,  That  all  licenses  issued  for  the  maintenance  of  establish- 

*As  to  medical  attendance  for  Philippine  Constabulary,  see  sections  1  to  5, 
Act  of  the  Philippine  Commission  of  November  7,  1903  (No.  985). 

2  This  item  has  appeared  in  the  annual  appropriation  for  a  number  of  years. 

3  Similar  provisions  have  appeared  in  subsequent  appropriation  acts  for  the 
Army. 


298  MILITARY  LAWS  OF  THE  UNITED  STATES. 

ments  for  the  propagation  and  preparation  in  any  foreign  country 
of  any  virus,  serum,  toxin,  antitoxin,  or  product  aforesaid,  for  sale, 
barter,  or  exchange  in  the  United  States,  shall  be  issued  upon  condi- 
tion that  the  licentiates  will  permit  the  inspection  of  the  establish- 
ments where  said  articles  are  propagated  and  prepared,  in  accordance 
with  section  three  of  this  act.  Sec.  h  Act  of  July  1,  1902  (32  Stat. 
729). 

781.  Advisory  board  for  Hygienic  Laboratory. — There  shall  be  an 
advisory  board  for  the  hygienic  laboratory  provided  by  the  Act  of 
Congress  approved  March  third,  nineteen  hundred  and  one,  for  con- 
sultation with  the  Surgeon-General  of  the  Public  Health  and  Marine- 
Hospital  Service  relative  to  the  investigations  to  be  inaugurated, 
and  the  methods  of  conducting  the  same,  in  said  laboratory.     Said 
board  shall  consist  of  three  competent  experts,  to  be  detailed  from 
the  Army,  the  Navy,  and  the  Bureau  of  Animal  Industry  by  the 
Surgeon-General  of  the  Army,  the  Surgeon-General  of  the  Navy, 
and  the  Secretary  of  Agriculture,  respectively,  which  experts,  with 
the  director  of  the  said  laboratory,  shall  be  ex  officio  members  of  the 
board,  and  serve  without  additional  compensation.     Five  other  mem- 
bers of  said  board  shall  be  appointed  by  the  Surgeon-General  of  the 
Public  Health  and  Marine-Hospital  Service,  with  the  approval  of 
the  Secretary  of  the  Treasury,  who  shall  be  skilled  in  laboratory 
work  in  its  relation  to  the  public  health,  and  not  in  the  regular  em- 
ployment of  the  Government.     The  said  five  members  shall  each 
receive  compensation  of  ten  dollars  per  diem  while  serving  in  con- 
ference, as  aforesaid,  together  with  allowance  for  actual  and  neces- 
sary traveling   expenses   and  hotel   expenses   while   in   conference. 
Said  conference  is  not  to  exceed  ten  days  in  any  one  fiscal  year.     The 
term  of  service  of  the  five  members  of  said  board,  not  in  the  regular 
employment  of  the  Government,  first  appointed  shall  be  so  arranged 
that  one  of  said  members  shall  retire  each  year,  the  subsequent  ap- 
pointments to  be  for  a  period  of  five  years.     Appointments  to  fill 
vacancies  occurring  in  a  manner  other  than  as  above  provided  shall 
be  made  for  the  unexpired  term  of  the  member  whose  place  has 
become  vacant.    Sec.  5,  Act  of  July  1,  1902  (32  Stat.  713). 

782.  Artificial  limbs. — Every  officer,  soldier,  seaman,  and  marine 
who,  in  the  line  of  duty  in  the  military  or  naval  service  of  the  United 
States,  shall  have  lost  a  limb  or  sustained  bodily  injuries  depriving 
him  of  the  use  of  any  of  his  limbs,  shall  receive  once  every  three 
years  an  artificial  limb  or  appliance,  or  commutation  therefor,  as 
provided  and  limited  by  existing  laws,  under  such  regulations  as  the 
Surgeon-General  of  the  Army  may  prescribe;  and  the  period  of 
three1  years  shall  be  held  to  commence  with  the  filing  of  the  first 

1  See  XVII,  Opin.  Att.  Gen. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  299 

application  after  the  seventeenth  day  of  June,  in  the  year  eighteen 
hundred  and  seventy.  Sec.  1,  Act  of  Aug.  15,  1876  (19  Stat.  203). 
The  *  *  *  sums  *  *  *  hereby  appropriated  shall  be  ex- 
pended and  disbursed  under  the  direction  of  the  Surgeon-General  of 
the  Army,  and  in  accordance  with  existing  laws.1  Acts  of  Mar.  23, 
1876  (19  Stat.  8);  Mar.  3, 1891  (26  Stat.  1103}. 

783,  Trusses. — Every  soldier  of  the  Union  Army,  or  petty  officer, 
seaman,  or  marine  in  the  naval  service,  who  was  ruptured  while  in 
the  line  of  duty  during  the  late  war  for  the  suppression  of  the  rebel- 
lion, or  who  shall  be  so  ruptured  thereafter  in  any  war,  shall  be 
entitled  to  receive  a  single  or  double  truss  of  such  style  as  may  be 
designated  by  the  Surgeon-General  of  the  United  States  Army  as 
best  suited  for  such  disability ;  and  whenever  the  said  truss  or  trusses 
so  furnished  shall  become  useless  from  wear,  destruction,  or  loss, 
such  soldier,  petty  officer,  seaman,  or  marine  shall  be  supplied  with 
another  truss  on  making  a  like  application  as  provided  for  in  section 
two  of  the  original  act  of  which  this  is  an  amendment:  Provided, 
That  such  application  shall  not  be  made  more  than  once  in  two  years 
and  six  months :  And  provided  further,  That  sections  two  and  three 
of  the  said  act  of  May  twenty-eighth,  eighteen  hundred  and  seventy- 
two,  shall  be  construed  so  as  to  apply  to  petty  officers,  seamen,  and 
marines  of  the  naval  service,  as  well  as  to  soldiers  of  the  Army. 
Sec.  1176,  R.  S. 

HISTORICAL    NOTE. 

The  medical  and  surgical  needs  of  the  troops  composing  the  revolutionary 
armies  were,  at  first,  supplied  by  the  surgeons  who  were  attached  to  the  several 
regimental  organizations,  and  no  provision  seems  to  have  been  made  for 
medical  or  surgical  supervision,  for  the  procurement  and  distribution  of  supplies, 
or  for  the  establishment  of  a  general  hospital  service  until  1775,  when,  by  a 
resolution  of  Congress  dated  July  27,  1777,  the  office  of  Director-General  was 
established,  who  was  charged  with  the  duties  subsequently  performed  by  the 
Purveyor-General  of  Medical  Supplies.  The  same  enactment  provided  for  a 
medical  staff  composed  of  four  surgeons  and  twenty  surgeon's  mates,  for  an 
apothecary  and  two  storekeepers,  and  for  hospital  attendance  at  the  rate  of  one 
nurse  for  every  ten  patients.  Under  the  authority  thus  conferred  several  gen- 
eral hospitals  were  established  at  points  conveniently  near  to  the  several 
theaters  of  military  operations.  The  medical  establishment  thus  created  was 
modified  by  subsequent  resolutions  of  Congress;  the  changes  caused  by  the 
resolution  of  April  22,  1777,  being  so  extensive  as  to  constitute  a  complete  re- 
organization of  the  department.  As  thus  modified,  however,  the  department 
continued  in  existence  until  the  disbandment  of  the  revolutionary  armies  in 
1783.  For  the  ten  years  succeeding  the  organization  of  the  Government  under 
the  Constitution  the  medical  and  surgical  necessities  of  the  troops  were  met 
by  the  medical  officers  attached  to  the  several  organizations  constituting  the 
military  establishment. 

The  act  of  March  2, 1799  (1  Stat.  721),  passed  in  contemplation  of  a  war  with 
France,  but  which  was  never  fully  executed,  made  provision  for  a  complete 
medical  establishment  consisting  of  a  physician-general,  an  apothecary-general, 
and  a  purveyor,  together  with  such  numbers  of  hospital  surgeons  and  mates 

1  Commutation  rates  for  limbs,  etc.,  were  allowed  by  the  same  act,  as  follows : 
For  artificial  legs,  $75 ;  for  arms,  $50 ;  for  feet,  $50 ;  for  apparatus  for  resection, 
$50.  By  the  act  of  March  3,  1891  (26  Stat.  979),  transportation  from  home  to 
place  of  procurement  of  limbs  and  return  was  allowed. 


300  MILITARY   LAWS   OF    THE   UNITED   STATES. 

as  the  service  might  require,  who  were  made  liable  to  duty  in  the  field  as  well 
as  in  the  hospitals  provided  for  in  the  statute.  The  act  of  March  2,  1799,  was 
repealed  and  a  Medical  Department  established  by  section  3  of  the  act  of 
February  23,  1802  (2  ibid.,  133),  which  fixed  the  strength  of  the  department 
at  two  surgeons  and  twenty-five  surgeon's  mates,  who  were  "  to  be  attached 
to  garrisons  and  posts,  and  not  to  corps."  During  the  war  of  1812  the  neces- 
sities of  the  case  were  met  by  a  temporary  increase  of  the  department  and  by 
the  allowance  of  surgeons  to  regiments  called  into  the  service  for  the  period 
of  the  war.  By  section  7  of  the  act  of  March  3,  1813  (ibid.,  819),  a  physician 
and  Surgeon-General  was  authorized,  whose  powers  and  duties  were  to  be 
prescribed  by  the  President  of  the  United  States.  The  office  of  apothecary- 
general  was  created  by  the  act  of  April  24,  1816  (3  ibid.,  297),  but  was  abol- 
ished by  the  act  of  March  3,  1821.  The  office  of  Surgeon-General  was  created 
by  section  2  of  the  act  of  April  14,  1818  (ibid.,  426). 

At  the  general  reduction  of  1821  the  Medical  Department  was  reorganized  and 
made  to  consist  of  one  Surgeon-General,  eight  surgeons,  and  forty-five  assistant 
surgeons.  Sec.  2,  act  of  March  2,  1821  (3  ibid.,  615).  By  the  act  of  June  28, 
1832  (4  ibid.,  500),  four  surgeons  and  ten  surgeon's  mates  were  added.  The 
act  of  June  30,  1834  (ibid.,  714),  contained  a  requirement  that  all  candidates 
for  appointment,  or  for  promotion  to  the  grade  of  surgeon,  should  pass  a  profes- 
sional examination  as  a  condition  precedent  to  such  appointment  or  promotion. 
By  this  enactment  the  pay  of  surgeons  was  fixed  at  that  allowed  to  majors, 
assistant  surgeons  were  to  receive  for  the  first  five  years'  service  the  pay  of 
first  lieutenants,  and  after  five  years'  service  the  pay  of  captains.  The  ex- 
amination for  promotion  to  the  grade  of  surgeon  was  to  take  place  after  five 
years'  service  in  the  grade  of  assistant  surgeon.  By  section  33  of  the  act  of 
July  5,  1838  (5  ibid.,  256),  seven  additional  surgeons  were  authorized,  but  by 
section  4  of  the  act  of  August  23,  1842  (ibid.,  512),  a  reduction  of  two  surgeons 
and  ten  assistant  surgeons  was  ordered,  the  displaced  officers  being  allowed 
three  months'  pay  when  honorably  discharged. 

At  the  outbreak  of  the  War  with  Mexico,  under  authority  conferred  by  sec- 
tion 6  of  the  act  of  February  11,  1847  (9  ibid.,  123),  two  surgeons  and  twelve 
assistant  surgeons  were  added  to  the  regular  establishment,  and  regimental 
medical  officers  were  authorized  for  the  volunteer  troops  at  the  rate  of  one 
surgeon  and  one  assistant  surgeon  to  each  regiment,  their  service  being  re- 
stricted to  the  period  of  the  existing  war.  By  the  act  of  March  3,  1849  (ibid., 
351),  ten  assistant  surgeons  were  authorized,  and  the  requirement  of  the  act  of 
July  19,  1848,  prohibiting  the  filling  of  vacancies  in  the  department  was  re- 
pealed. By  the  act  of  August  16,  1850  (11  ibid.,  51),  four  surgeons  and  eight 
assistant  surgeons  were  added  to  the  establishment ;  the  force  of  hospital 
stewards  was  increased  to  such  number  as  the  service  might  require,  not  to 
exceed  one  to  each- military  post;  and  cooks  and  nurses,  detailed  from  the 
enlisted  men,  were,  for  the  first  time,  allowed  extra-duty  pay  for  service  in  post 
hospitals. 

At  the  outbreak  of  the  war  of  the  rebellion  regimental  medical  officers  were 
again  authorized,  one  surgeon  and  one  assistant  being  allowed  to  each  regiment; 
by  the  act  of  July  2,  1862  (12  Stat,  502),  an  additional  assistant  was  authorized. 

By  section  3  of  the  act  of  July  22,  1861  (ibid.,  269),  one  surgeon  to  each 
brigade  was  authorized,  but  by  the  act  of  July  2,  1862  (ibid.,  502),  these  officers 
were  merged  in  the  corps  of  forty  surgeons  and  one  hundred  and  twenty  as- 
sistant surgeons  created  by  that  statute  for  the  period  of  the  war. 

By  the  act  of  June  21,  1861  (ibid.,  378),  four  surgeons  and  four  assistant 
surgeons  were  added  to  the  department.  By  the  act  of  April  16,  1862  (ibid., 
378),  the  rank  of  brigadier-general  was  conferred  upon  the  Surgeon-General; 
the  office  of  assistant  surgeon-general,  with  the  rank  and  pay  of  colonel  of 
cavalry  was  created  and  the  addition  of  ten  surgeons  and  twenty  assistant 
surgeons  was  authorized ;  a  corps  of  medical  inspectors  was  created,  consisting 
of  one  inspector-general  of  hospitals  (colonel)  and  eight  assistants  (lieutenant- 
colonels),  whose  duties  were  defined  by  law,  and  who  were  to  hold  office  during 
the  continuance  of  the  war.  By  the  act  of  December  27,  1862  (ibid.,  633), 
eight  medical  inspectors  were  added  and  authority  was  conferred  upon  these 
officers  to  discharge  enlisted  men  for  disability  contracted  in  the  military 
service.  By  this  statute  a  corps  of  medical  cadets  was  established  which  con- 
tinued to  exist  until  its  gradual  disbandment  was  brought  about  by  the  passage 
of  the  general  act  of  reorganization  in  1866.  By  the  act  of  May  20,  1862  (ibid., 
378),  six  medical  storekeepers  were  authorized.  By  the  act  of  February  25, 


MILITARY   LAWS   OF    THE    UNITED   STATES.  301 

1865  (13  ibid.,  437),  medical  directors  of  armies  in  the  field  and  of  military 
departments  were  allowed  the  rank  and  pay  of  colonels,  and  those  attached  to 
army  corps  the  rank  and  pay  of  lieutenant-colonels. 

An  ambulance  service  for  the  armies  in  the  field  was  provided  by  the  act  of 
March  11,  1864  (13  ibid.,  20).  It  was  composed  of  officers  and  enlisted  men 
detailed  from  the  several  army  corps  and  was  carried  on  under  the  direction 
of  their  respective  medical  directors.  The  duties  of  the  corps  were  regulated 
by  statute,  and  had  to  do,  exclusively,  with  the  transportation  of  the  sick  and 
wounded  and  the  removal  of  the  wounded  from  the  battlefield.  The  corps  ceased 
to  exist  at  the  disbandment  of  the  volunteer  armies  in  1865. 

At  the  general  reorganization  of  1866  (sec.  17,  act  of  July  28,  1866,  14  ibid., 
334),  the  strength  of  the  department  was  fixed  at  one  Surgeon-General,  one 
assistant  surgeon-general,  one  chief  medical  purveyor,  and  four  assistant  pur- 
veyors (lieutenant-colonels),  sixty  surgeons  (majors),  one  hundred  and  fifty 
assistant  surgeons,  and  five  medical  storekeepers ;  it  was  also  provided  that 
three  years'  service,  instead  of  five,  should  be  required  of  assistant  surgeons 
before  attaining  the  grade  of  captain.  The  act  of  March  3,  1869  (15  ibid.,  318), 
contained  a  requirement  prohibiting  appointments  and  promotions  in  the  staff 
until  otherwise  ordered  by  Congress  ;fc  but  this  requirement  was  repealed  as 
to  .the  Medical  Department  by  section  4  of  the  act  of  June  23,  1874  (18  ibid., 
244),  which  fixed  the  strength  of  the  medical  establishment  as  follows:  One 
Surgeon-General,  one  assistant  surgeon-general,  and  one  chief  medical  purveyor 
(colonel),  two  assistant  medical  purveyors  (lieutenant-colonels),  fifty  sur- 
geons, and  one  hundred  and  fifty  assistant  surgeons,  who  were  to  receive  the 
rank  of  captain  after  five  years'  service,  and  five  medical  storekeepers;  the 
number  of  contract  surgeons  was  fixed  in  this  statute  at  seventy-five.  By  the 
act  of  June  26,  1876  (19  ibid.,  61),  the  number  of  assistant  surgeons  was  fixed 
at  one  hundred  and  twenty-five,  and  the  corps  of  medical  storekeepers  was  dis- 
continued, the  reduction  in  both  cases  being  accomplished  by  a  requirement 
forbidding  the  filling  of  vacancies  until  ihe  prescribed  limit  of  numbers  has  been 
reached.  By  this  statute  the  number  of  surgeons  with  the  rank  of  colonel  was 
increased  to  four,  and  the  number  with  the  rank  of  lieutenant-colonel  to  eight, 
the  vacancies  thus  created  to  be  filled  by  promotion  according  to  seniority. 

By  the  act  of  March  1,  1887  (24  ibid.,  435),  the  Hospital  Corps  was  created; 
by  the  act  of  July  27,  1892  (27  ibid.,  276),  the  titles  of  office  in  the  Medical 
Department  were  rearranged,  officers  holding  the  rank  of  colonels  being  ar- 
ranged as  assistant  surgeons-general  and  those  having  the  rank  of  lieutenant- 
colonels  as  deputy  surgeons-general,  and  thereafter  medical  officers  were  to  be 
assigned  by  the  Secretary  of  War  to  such  duties  as  the  necessities  of  the  serv- 
ice might  require.  By  the  act  of  August  18,  1894  (28  ibid.,  403),  the  number 
of  assistant  surgeons  was  reduced  to  one  hundred  and  ten;  but  by  the  act  of 
May  12,  1898  (930  ibid.,  406),  the  number  of  officers  of  this  grade  was  in- 
creased to  one  hundred  and  twenty-five,  and  authority  was  conferred  upon  the 
Surgeon-General  to  employ  such  number  of  contract  surgeons  as  might  be 
necessary. 

By  section  18  of  the  act  of  February  2,  1901  (31  Stat,  752),  the  permanent 
strength  of  the  department  was  fixed  at  one  Surgeon-General  with  the  rank  of 
brigadier-general,  eight  assistant  surgeons-general  with  the  rank  of  colonel, 
twelve  deputy  surgeons-general  with  the  rank  of  lieutenants-colonel,  sixty 
surgeons  with  the  rank  of  major,  and  two  hundred  and  forty  assistant  surgeons 
with  the  rank  of  captain  and  first  lieutenants  mounted.  A  Nurse  Corps 
(female),  and  a  corps  of  dental  contract  surgeons  were  also  added  to  the 
department. 

By  the  act  of  April  23,  1908  (35  Stat.  66),  it  is  provided  that  the  Medical 
Department  of  the  United  States  Army  shall  consist  of  a  Medical  Corps  and 
a  Medical  Reserve  Corps,  as  hereinafter  provided ;  and  the  Hospital  Corps,  the 
Nurse  Corps,  and  Dental  Surgeons,  as  now  authorized  by  law. 


CHAPTER  XX. 


THE  COEPS  OF  ENGINEERS. 


Par. 

Organization,  appointments,  and  pro- 
motions   784-789 

Organizations,  etc 784 

Same 785 

Appointments;  qualifications...  786 

Promotions 787 

Same — examinations 788 

Limits  of  duty — transfers 789 

Enlisted  force 790-801 

Organization 790 

Part  of  line  of  Army 791 

Band 792 

Engineer  battalion 793 

Same — officers 794 

Company  organization 795 

Same — increase 796 


Par. 

Enlisted  force — Continued. 

Duties 797 

Character  of  equipment 798 

*  Retired  officers ;  employment 799 

Chief  of  Engineers,  use  of  Library  of 

Congress 800 

Subscriptions 801 

Fortifications 802-808 

Procurement  of  sites 802 

Same — barracks  and  quarters 803 

Same — donations 804 

Temporary  forts — emergency 805 

Work  by  contract  or  otherwise.  806 

Disbursements 807 

Accounts  settled  by  disbursing 
officers...  .  808 


784.  Organizations,  etc. — The  Corps  of  Engineers  shall  consist  of 
one  Chief  of  Engineers  with  the  rank  of  brigadier-general,  of  ten 
colonels,  sixteen  lieutenant-colonels,  thirty-two  majors,  forty-three 
captains,  forty-three  first  lieutenants,  and  forty-three  second  lieu- 
tenants.   The  enlisted  force  provided  in  section  eleven  of  this  Act, 
and  the  officers  serving  with  the  organized  battalions  thereof,  shall 
constitute  a  part  of  the  line  of  the  Army :  Provided,  That  the  Chief 
of  Engineers  shall  be  appointed  as  now  provided  by  law,1  and  here- 
after vacancies  in  the  Corps  of  Engineers  in  all  other  grades  above 
that  of  second  lieutenant  shall  be  filled  by  promotion,  according  to 
seniority,  from  the  Corps  of  Engineers.     Any  vacancies  occurring 
at  any  time  in  the  grade  of  second  lieutenant  shall  be  left  for  future 
promotions  from  the  corps  of  cadets  at  the  United  States  Military 
Academy.    Act  of  Apr.  23, 1904  (33  Stat.  263). 

785.  Same. — The  Corps  of  Engineers  of  the  United  States  Army 
is  hereby  increased  by  five  colonels,  six  lieutenant  colonels,  nineteen 
majors,  seventeen  captains,  and  thirteen  first  lieutenants.     The  in- 
crease in  each  grade  hereby  provided  for  shall  be  extended  over  a 

1  Section  1193,  Revised  Statutes,  which  provides  that  the  chiefs  of  corps  and 
departments  named,  including  the  Chief  of  Engineers,  "  shall  be  appointed  by 
selection  from  the  corps  to  which  they  belong." 

303 


304  MILITARY   LAWS   OF    THE   UNITED   STATES. 

period  of  five  years  as  nearly  as  practicable,  and  the  original  vacan- 
cies hereby  created  in  each  grade  shall  be  filled  by  promotion  from 
the  next  lower  grade  in  accordance  with  existing  law.  Sec.  5,  Act  of 
Feb.  27,  1911  (36  Stat.  957}. 

786.  Appointments,    qualifications. — Vacancies    in    the    grade    of 
second  lieutenant  in  the  Corps  of  Engineers  shall  hereafter  be  filled, 
as  far  as  may  be  consistent  with  the  interests  of  the  military  service, 
by  promotions  from  the  Corps  of  Cadets  at  the  United  States  Mili- 
tary Academy:  Provided,  That  vacancies  remaining  in  any  fiscal 
year  after  the  assignment  of  cadets  of  the  class  graduating  in  that 
fiscal  year  may  be  filled  from  civil  life  as  hereinafter  provided: 
And  provided  further,  That  the  proportion  of  any  graduating  class 
assigned  to  the  Corps  of  Engineers  shall  not  be  less  than  the  pro- 
portion which  the  total  number  of  officers  authorized  at  date  of 
graduation  for  that  corps  bears  to  the  total  number  of  officers  au- 
thorized at  same  date  for  all  branches  of  the  Army  to  which  cadets 
are  eligible  for  promotion  upon  graduation,  except  when  such  a 
proportionate  number  is  more  than  the  number  of  vacancies  ex- 
isting at  date  of  graduation  plus  the  number  of  retirements  due 
to  occur  in  the  Corps  of  Engineers  prior  to  the  first  day  of  the  fol- 
lowing  January.     To   become   eligible   for   examination    and   ap- 
pointment,   a   civilian   candidate   for   the   appointment   as   second 
lieutenant  must  be  an  unmarried  citizen  of  the  United  States  be- 
tween the  ages  of  twenty-one  and  twenty-nine,  who  holds  a  diploma 
showing  graduation  in  an  engineering  course  from  an   approved 
technical  school,  and  is  eligible  for  appointment  as  a  junior  engi- 
neer under  the  Engineer  Bureau  of  the  War  Department.     Selec- 
tion of  eligible  civilians  for  appointment,  including  term  of  proba- 
tion, shall  be  made  as  the  result  of  such  competitive  examination 
into  the  mental,  moral,  and  physical  qualifications,  and  under  such 
rules  and  regulations  as  shall  be  recommended  by  the  Chief  of 
Engineers  and  approved  by  the  Secretary  of  War.    Id. 

787.  Promotions. — When  any  lieutenant  of  the  Corps  of  Engineers 
or  Ordnance  Corps  has  served  fourteen  years'  continuous  service 
as  lieutenant,  he  shall  be  promoted  to  the  rank  of  captain  on  pass- 
ing the  examination  provided  by  the  preceding  section,1  but  such 
promotion  shall  not  authorize  an  appointment  to  fill  any  vacancy, 
when  such  appointment  would  increase  the  whole  number  of  officers 
in  the  corps  beyond  the  number  fixed  by  law;  nor  shall  any  officer 
be  promoted  before  officers  of  the  same  grade  who  rank  him  in  his 
corps.    Sec.  1207,  R.  S. 

788.  Same — Examinations. — No  officer  of  the  Corps  of  Engineers 
below  the  rank  of  field  officer  shall  be  promoted  to  a  higher  grade 
until  he  shall  have  been  examined  and  approved  by  a  board  of  three 

1  Section  1206,  Revised  Statutes. 


MILITAEY   LAWS   OF   THE   UNITED   STATES.  305 

engineers,  senior  to  him  in  rank.  If  an  engineer  officer  fail  on  such 
examination  he  shall  be  suspended  from  promotion  for  one  year, 
when  he  shall  be  reexamined  before  a  like  board.  In  case  of  failure 
on  such  reeexamination,  he  shall  be  dismissed  from  the  service.1 
Sec.  1206,  R.  S. 

789.  Limits  of  duty — Transfers. — Engineers  shall  not  assume  nor 
be  ordered  on  any  duty  beyond  the  line  of  their  immediate  profes- 
sion, except  by  the  special  order  of  the  President.    They  may,  at  the 
discretion  of  the  President,  be  transferred  from  one  corps  to  another, 
regard  being  paid  to  rank.    Sec.  1158,  R.  S. 

ENLISTED  FORCE. 

790.  Organization. — The  enlisted  force  of  the  Corps  of  Engineers 
shall  consist  of  one  band  and  three  battalions  of  engineers.    Sec.  11, 
Act  of  Feb.  2, 1901  (31  Stat.  750}. 

791.  Part  of  line  of  Army. — The  enlisted  force  provided  in  section 
eleven  of  this  act  and  the  officers  serving  therewith  shall  constitute  a 
part  of  the  line  of  the  Army.    Sec.  %2,  id. 

792.  Band. — The  engineers'  band  shall  be  organized  as  now  pro- 
vided by  law  for  bands  of  infantry  regiments.2    Sec.  11,  id. 

.  793,  Engineer  battalion. — Each  battalion  of  engineers  shall  con- 
sist of  one  sergeant-major,  one  quartermaster-sergeant,  and  four  com- 
panies. Id. 

794.  Same — Officers. — Battalion     adjutants,     battalion     quarter- 
masters, and  appropriate  officers  to  command  the  companies  and  bat- 
talions of  engineer  soldiers  shall  be  detailed  from  the  Corps  of  Engi- 
neers.   Sec  1156,  R.  S.,  amended  ly  sec.  11,  Act  of  Feb.  2,  1901  (31 
Stat.  750). 

795.  Company  organization. — Each  company  of  engineers  shall 
consist  of  one  first  sergeant,  one  quartermaster-sergeant  with  the 
rank,  pay,  and  allowances  of  sergeant,  eight  sergeants,  ten  corporals, 
two  musicians,  two  cooks,  thirty-eight  first-class  and  thirty-eight 
second-class  privates.    Sec.  11,  Act  of  Feb.  2, 1901  (31  Stat.  750). 

798.  Same — Increase. — The  President  may,  in  his  discretion,  in- 
crease the  number  of  sergeants  in  any  company  of  engineers  to  twelve, 
and  the  number  of  corporals  to  eighteen,  the  number  of  first-class 
privates  to  sixty-four,  and  the  number  of  second-class  privates  to 
sixty-four,  but  the  total  number  of  enlisted  men  authorized  for  the 
whole  Army  shall  not,  at  any  time,  be  exceeded.  Id. 

797.  Duties. — The  enlisted  men  of  the  engineer  battalion  shall  be 
instructed  in  and  perform  the  duties  of  sappers,  miners,  and  ponto- 

1  For  statutory  regulations  in  respect  to  examinations  for  promotions,  see  the 
title  "  Examinations  for  promotion  "  in  the  chapter  entitled  The  staff  depart- 
ments. 

2  For  the  organization  of  the  infantry  band,  see  par.  1099,  post. 

48985°— 15 20 


306  MILITARY  LAWS  OP  THE  UNITED  STATES. 

niers,  and  shall  aid  in  giving  practical  instruction  in  those  branches 
at  the  Military  Academy.  They  may  be  detailed  by  the  Chief  of 
Engineers  to  oversee  and  aid  laborers  upon  fortifications  and  other 
works  in  charge  of  the  Engineer  Corps,  and,  as  fort  keepers,  to  pro- 
tect and  repair  finished  fortifications.1  Sec.  1157,  R.  S. 

798.  Character  of  equipment. — The  Chief  of  Engineers  is  author- 
ized, with  the  approval  of  the  Secretary  of  War,  to  regulate  and 
determine  the  number,  quality,  form,  and  dimensions  of  the  necessary 
vehicles,  pontoons,  tools,  implements,  arms,  and  other  supplies  for 
the  use  of  the  battalions  of  engineer  soldiers.    Sec.  1152,  R.  S. 

799.  Retired  officers — Employment. — Section  two  of  the  act  making 
appropriations  for  the  legislative,  executive,  and  judicial  expenses  of 
the  Government  for  the  fiscal  year  ending  June  thirtieth,  eighteen 
hundred  and  ninety-five  and  for  other  purposes,2  approved  July 
thirty-first,  eighteen  hundred  and  ninety-four,  shall  not  be  so  con- 
strued as  to  prevent  the  employment  of  any  retired  officer  of  the 
Army  or  Navy  to  do  work  under  the  direction  of  the  Chief  of  Engi- 
neers of  the  United  States  Army  in  connection  with  the  improvement 
of  rivers  and  harbors  of  the  United  States,  or  the  payment  by  the 
proper  officer  of  the  Treasury  of  any  amounts  agreed  upon  as  com- 
pensation for  such  employment.     Sec.  7,  Avt  of  June  3,  1896   (29 
Stat.  235). 

800.  Chief  of  Engineers'  use  of  Library  of  Congress. — The  Joint 
Committee  of  Congress  on  the  Library  is  authorized  to  extend  the 
use  of  the  books  in  the  Library  of  Congress  to     *     *     *     the  Chief 
of  Engineers  of  the  Corps  of  Engineers  United  States  Army,  resi- 
dent in  Washington,  on  the  same  conditions  and  restrictions  as  mem- 
bers of  Congress  are  allowed  to  use  the  Library.    J.  R.,  No.  1^1,  Aug. 
28,  1890  (26  Stat.  678). 

801.  Subscriptions  to  ~be  paid  from  appproprpiation  of  $£5,000. — 
That  hereafter  section  thirty-six  hundred  and  forty-eight,  Revised 
Statutes,  shall  not  apply  to  subscriptions  for  foreign  and  professional 

xOne  company  of  bombardiers,  sappers,  and  miners  was  authorized  by  the  act 
of  April  29,  1812  (2  Stat.  720),  to  be  officered  from  the  Corps  of  Engineers;  this 
company  was  disbanded  at  the  general  reduction  of  1821,  act  of  March  2,  1821 
(2  id.,  615).  A  similar  company,  to  be  officered  in  the  same  manner,  was 
authorized  by  the  act  of  May  15,  1846  (9  id.,  12)  ;  three  additional  companies 
were  provided  for  in  section  4  of  the  act  of  August  6,  1861  (12  id.,  317).  A 
sergeant-major,  quartermaster-sergeant,  and  commissary-sergeant  were  author- 
ized by  section  4  of  the  act  of  June  20,  1864  (13  id.,  144).  By  section  20  of  the 
act  of  July  28,  1866  (14  id.,  335),  the  enlisted  establishment  of  the  Corps  of 
Engineers  was  fixed  at  five  companies,  with  the  battalion  sergeant-major  and 
quartermaster-sergeant  already  authorized  by  law.  The  grade  of  battalion  com- 
missary-sergeant was  discontinued  by  section  10  of  the  act  of  July  15,  1870  (15 
id.,  318).  Section  7  of  the  act  of  March  2,  1899  (30  Stat.  979),  contained  the 
requirement  that  the  battalion  of  engineers  and  the  officers  serving  therewith 
should  constitute  a  part  of  the  line  of  the  Army;  this  provision  was  reenacted 
in  section  22  of  the  act  of  February  1,  1901  (31  Stat.  754)  ;  by  section  11  of  the 
same  enactment  the  enlisted  force  of  the  Engineer  Corps  was  increased  to  three 
battalions  of  engineer  troops  and  a  band. 

9  Section  2,  act  of  July  31,  1894  (28  Stat.  205). 


MILITARY  LAWS   OF   THE  UNITED  STATES.  307 

newspapers  and  periodicals  to  be  paid  for  from  this  appropriation, 

$25,000.    Act  of  Apr.  27,  1914  (38  Stat.  369). 

FORTIFICATIONS.1 

802.  Procurement  of  sites. — Hereafter  the  Secretary  of  War  may 
cause  proceedings  to  be  instituted  in  the  name  of  the  United  States 
in  any  court 2  having  jurisdiction  of  such  proceedings  for  the  acquire- 
ment, by  condemnation,  of  any  land,  or  right  pertaining  thereto, 
needed  for  the  site,  location,  construction,  or  prosecution  of  works 
for  fortifications  and  coast  defenses,  such  proceedings  to  be  prosecuted 
in  accordance  with  the  laws  relating  to  suits  for  the  condemnation  of 
property  of  the  States  wherein  the  proceedings  may  be  instituted: 

1  The  act  of  February  10,  1875,  contained  the  following  provision :  "  For  tor- 
pedoes for  harbor  defenses  and  the  preservation  of  the  same,  and  for  torpedo 
experiments  in  their  application  to  harbor  and  land  defense,  and  for  instruction 
of  engineer  battalion  in  their  preparation  and  application,  fifty  thousand  dollars; 
Provided,  That  the  money  herein  appropriated  for  torpedoes  shall  only  be  used 
in  the  establishment  and  maintenance  of  torpedoes  to  be  operated  from  shore 
stations  for  the  destruction  of  an  enemy's  vessel  approaching  the  shore  or 
entering  the  channels  and  fairways  of  harbors,"  which  was  repeated  in  the 
acts  of  February  10,  1875,  June  20,  1876,  March  3,  1877,  March  23,  1878,  March 
3,  1879,  May  4,  1880,  March  3,  1881,  and  May  19,  1882.     The  act  of  March  3, 
1883,  contained  the  requirement  that  "  one-half  of  the  money  herein  appro- 
priated may  be  used  in  the  purchase  of  torpedoes  of  the  latest  improvement." 

If,  in  the  opinion  of  the  Chief  of  Engineers,  a  contemplated  building  will  be 
an  appliance  necessary  in  the  operation  of  submarine  mines  for  the  defense  of 
harbors,  .or  will,  when  completed,  be  used  in  operating  such  mines,  or  in  such 
a  way  as  to  render  their  operation  possible  for  the  defense  of  harbors,  the  cost 
of  its  erection  is  chargeable  to  the  appropriation  for  torpedoes  for  harbor 
defense.  (3  Comp.  Dec.,  30.) 

2  A  proceeding  to  condemn  lands  for  the  use  of  the  United  States  under  this 
statute  is  properly  brought  in  a  district  court  of  the  United  States.     In  such 
proceeding  the  practice  should  be  in  substantial  conformity  with  that  pursued 
in   the  courts  of  the   State  in  which   the  lands  are  situated,   when   similar 
proceedings  are  there  instituted.     (U.  S.  v.  Engeman,  45  Fed.  Rep.,  546.) 

The  manner  in  which  the  power  of  eminent  domain  of  the  United  States  shall 
be  exercised  is  a  matter  of  legislative  discretion,  and  Congress,  by  the  act  of 
August  1,  1888  (25  Stat.  357),  has  vested  in  the  United  States  circuit  and  dis- 
trict courts  of  the  district  in  which  land  is  situated  jurisdiction  of  proceedings 
authorized  to  be  instituted  by  any  public  officer  to  condemn  such  land  for  public 
purposes.  By  the  act  of  August  18,  1890  (26  Stat.  316),  the  Secretary  of  War 
is  authorized  to  cause  proceedings  to  be  instituted  for  the  condemnation  of  land 
for  military  purposes  "in  any  court  having  jurisdiction  of  such  proceedings." 
Held,  that  said  acts  are  in  pari  materia,  and  upon  an  application  by  the  S«cre- 
tary  of  War,  under  the  latter  act,  the  Attorney-General  may,  at  his  election, 
cause  proceedings  to  be  instituted  for  the  condemnation  of  land  for  military 
purposes  in  either  the  State  or  Federal  courts.  (Chappell  v.  U.  S.,  81  Fed.  Rep., 
764.) 

Where  land  proposed  to  be  conveyed  by  a  State  to  the  United  States  for  the 
purpose  of  fortifications  was  described  in  the  proffered  deed  as  extending  to  the 
sea  and  in  a  line  along  the  sea,  held  that  such  a  deed  would  convey  only  land 
extending  to  and  bounded  by  a  high-water  mark,  and  advised  that  the  grant 
should  be  so  expressed  as  specifically  to  include  the  shore  to  low-water  mark, 
and  should  also  embrace  such  water-covered  lands  as  would  be  sufficient  to 
prevent  the  erection,  by  the  authority  of  the  State,  of  structures  that  might 
interfere  with  the  proper  use  of  the  land  for  purposes  of  fortifications. 

Where,  however,  under  the  laws  of  the  State,  a  private  owner's  title  extends 
to  ordinary  low-water  mark,  so  that  a  conveyance  bounding  the  lands  "  on  the 
sea  or  salt  water  "  would  give  title  to  low-water  mark,  held  that  a  conveyance 
of  "all  that  portion  of  Peddocks  Island  *  *  *  lying  north  of  a  straight 
line  across  the  island"  would  give  title  to  low-water  mark.  (Dig.  J.  A.  G., 
920,  D.) 


308  MILITAEY  LAWS  OF   THE  UNITED  STATES. 

Provided,  That  when  the  owner  of  such  land  or  rights  pertaining 
thereto  shall  fix  a  price  for  the  same,  which,  in  the  opinion  of  the 
Secretary  of  War,  shall  be  reasonable,  he  may  purchase  the  same  at 
such  price  without  further  delay.  Act  of  Aug.  18,  1890  (26  Stat. 
316). 

803.  Same — Barracks  and  quarters — Hereafter  in  acquiring  sites 
for  fortifications  it  shall  be  the  duty  of  the  Secretary  of  War.  in 
every  case  of  such  acquirement,  to  purchase  or  otherwise  procure  at 
the  same  time,  under  this  and  future  appropriations  for  this  pur- 
pose, sufficient  land  for  necessary  barracks  and  quarters  for  the  artil- 
lery troops  required  in  connection  with  each  of  such  fortifications; 
but  no  part  of  the  money  appropriated  for  military  posts  shall  be 
used  for  the  purchase  of  any  land  except  as  herein  specifically  pro- 
vided.   Act  of  Apr.  28,  1904  (33  Stat.  497). 

804.  Same — Donations. — The  Secretary  of  War  is  hereby  author- 
ized to  accept  on  behalf  of  the  United  States  donations  of  lands  or 
rights  pertaining  thereto  required   for  the  above-mentioned  pur- 
oses.    Act  of  Aug.  18, 1890  (26  Stat.  316). 

805.  Temporary  forts — Emergency. — In  case  of  emergency  when, 
in  the  opinion  of  the  President,  the  immediate  erection  of  any  tem- 
porary fort  or  fortification  is  deemed  important  and  urgent,  such 
temporary  fort  or  fortification  may  be  constructed  upon  the  written 
consent  of  the  owner  of  the  land  upon  which  such  work  is  to  be 
placed ;  and  the  requirements  of  section  three  hundred  and  fifty-five x 
of  the  Revised  Statutes  shall  not  be  applicable  in  such  cases.    Joint 
resolution  No.  21,  of  Apr.  11, 1898  (30  Stat.  737). 

806.  Work  ~by  contract  or  otherwise. — It  shall  be  the  duty  of  the 
Secretary  of  War  to  apply  the  money  herein  appropriated  under 
the  heading  "  Fortifications  and  other  works  of  defense,"  in  carry- 
ing on  the  various  works,  by  contract  or  otherwise,  as  may  be  most 
economical  and  advantageous  to  the  Government.     Where  said  works 
are  done  by  contract,  such  contract  shall  be  made  after  sufficient 
public  advertisement  for  proposals,  in  such  manner  and  form  as  the 
Secretary  of  War  shall  prescribe;  and  such  contracts  shall  be  made 
with  the  lowest  responsible  bidders,  accompanied  by  such  securities 
as  the  Secretary  of  War  shall  require,  conditioned  for  the  faithful 
prosecution  and  completion  of  the  work  according  to  such  contract. 
Act  of  Apr.  21, 1904  (33  Stat.  234). 

807.  Disbursements. — It  shall  be  the  duty  of  the  engineer  superin- 
tending the  construction  of  a  fortification,  or  engaged  about  the 
execution  of  any  other  public  work,  to  disburse  the  moneys  appli- 
cable to  the  same;  but  no  compensation  shall  be  allowed  him  for 
such  disbursements.2     Sec.  1153,  R.  S. 

1  See  par.  258,  ante. 

2  As  to  the  relation  between  constructing  engineers  and  post  commanders,  see 
pars.  1503-1505,  A.  R.,  1913,  and  G.  O.  No.  2,  War  Dept,  1914. 


MILITAKY  LAWS   OF   THE  UNITED  STATES.  309 

808.  Same — Settlement  of  accounts  by  disbursing  officers — Not  ~by 
transfer  settlement. — Hereafter  in  the  settlement  of  transactions  be- 
tween appropriations  under  the  Engineer  Department,  or  between 
the  Engineer  Department  and  another  office  or  bureau  of  the  War 
Department,  or  of  any  other  executive  department  of  the  Govern- 
ment, payment  therefor  shall  be  made  by  the  proper  disbursing 
officer  of  the  Corps  of  Engineers  or  of  the  office,  bureau,  or  depart- 
ment concerned.  Act  of  Apr.  87,  1914  (&S  Stat.  369}. 

HISTORICAL   NOTE. 

Legislative  provision  for  the  services  of  engineer  officers  with  the  Revolu- 
tionary armies  was  made  at  a  relatively  early  stage  in  the  progress  of  the  war 
by  a  resolution  of  Congress  of  June  16,  1775,  which  authorized  the  employment 
of  engineer  officers  at  the  headquarters  of  the  Army  and  in  the  several  depart- 
ments. Col.  R.  Gridley  was  appointed  Chief  Engineer  by  General  Washington, 
and  his  services  were  recognized  and  continued  in  that  capacity  by  a  resolution 
of  Congress  dated  January  16,  1776.  The  difficulty  of  obtaining  trained  engi- 
neers in  the  Continental  establishment  made  it  necessary  to  secure  such  services 
abroad,  and  the  action  of  the  American  commissioners  in  Paris,  in  employing 
several  members  of  the  French  corps  of  engineers,  was  approved  by  Congress  in 
a  resolution  dated  July  8,  1777.  A  corps  of  engineers  was  subsequently  estab- 
lished by  the  resolution  of  March  11,  1779,  and  M.  Duportail,  an  officer  of  the 
Royal  Engineers  of  France,  was  placed  at  its  head,  with  the  rank  of  brigadier 
general.  This  corps  continued  in  service  until  the  close  of  the  war,  not  having 
been  disbanded  until  November,  1783. 

A  Corps  of  Artillerists  and  Engineers  was  established  by  the  act  of  May  9, 
1784  (1  Stat.  366).  This  organization  was  required  to  be  "completed"  by  the 
act  of  March  3,  1795  (id.,  430),  and  an  additional  regiment  of  artillerists  and 
engineers  was  added  to  the  establishment  by  the  act  of  April  27,  1798  (id.,  552). 
The  seventeenth  and  eighteenth  sections  of  the*  act  of  March  3,  1799  (id.,  755), 
passed  in  contemplation  of  war  with  France,  authorized  the  appointment  of 
two  engineers  "  distinct  from  the  Corps  of  Artillerists  and  Engineers,"  with  the 
rank  and  pay  of  lieutenant  colonels,  and  conferred  power  upon  the  President, 
in  his  discretion,  to  appoint  an  inspector  of  fortifications,  who  was  to  have  the 
rank  of  major  and  was  to  be  selected  from  the  artillerists  and  engineers  or 
from  civil  life.  If  he  was  appointed  from  the  existing  corps,  he  was  to  retain 
his  office  and  was  to  rise  "  therein  in  the  same  manner  as  if  he  had  never  been 
appointed  to  the  said  office  of  inspector." 

The  functions  of  the  artillerists  and  engineers  were  dissociated  by  the  act  of 
March  6,  1802  (2  U.,  132),  which  created  a  regiment  of  Artillery  and  authorized 
the  President  to  organize  and  establish  a  Corps  of  Engineers  to  consist  of  one 
major,  two  captains,  two  first  lieutenants,  two  second  lieutenants,  and  ten 
cadets;  provision  was  made  in  the  same  enactment  for  the  gradual  expansion 
of  the  corps  by  a  clause  conferring  authority  upon  the  President  to  make  promo- 
tions "  without  regard  to  rank  "  until  the  corps  should  consist  of  one  colonel, 
one  lieutenant  colonel,  two  majors,  four  captains,  four  first  lieutenants,  and  four 
second  lieutenants.  By  the  act  of  April  29,  1812  (2  id.,  720),  two  captains,  two 
first  lieutenants,  two  second  lieutenants,  "  to  be  taken  from  the  subaltern  officer 
of  engineers,"  and  one  paymaster  and  a  company  of  bombardiers,  sappers,  and 
miners  were  added  to  the  existing  establishment.  The  composition  of  this  corps 
was  not  changed  by  the  acts  of  March  3,  1815  (3  id.,  224),  and  April  4,  1818 
(id.,  426),  for  the  reduction  and  reorganization  of  the  staff,  nor  was  its  organi- 
zation modified  at  the  general  reduction  of  March  2,  1821  (id.,  615). 

By  section  2  Of  the  act  of  July  5,  1838  (5  Stat.  256),  a  Corps  of  Topographical 
Engineers  was  established,  and  the  President  was  authorized  to  increase  the  Corps 
of  Engineers  by  the  addition  of  one  lieutenant  colonel,  two  majors,  six  captains, 
six  first  lieutenants,  and  six  second  lieutenants,  and  the  pay  of  engineer  officers 
was  fixed  at  the  rates  established  by  law  for  officers  of  dragoons.  By  section  3  of 
the  act  of  July  5, 1838,  the  paymaster  authorized  by  the  act  of  April  12. 1808,  was 
transferred  to  the  Pay  Department.  A  second  company  of  engineer  soldiers  was 
added  to  the  corps  by  section  4  of  the  act  of  May  15,  1846  (9  id.,  12).  By  the 
act  of  March  3,  1851  (id.,  62),  the  President  was  authorized  to  employ  officers 
of  engineers  on  lighthouse  duty,  and  by  section  8  of  the  act  of  August  31,  1852 


310  MILITABY  LAWS   OF   THE  UNITED  STATES. 

(10  id.,  119),  officers  of  the  corps  were  required  to  be  attached  to  the  Lighthouse 
Board  as  member  and  engineer  secretary,  respectively.  By  section  9  of  the  act 
of  March  3,  1853  (id.,  119),  lieutenants  of  engineers,  after  fourteen  years'  con- 
tinuous service,  were  to  be  entitled  to  the  pay  and  allowances  of  captains.  By 
section  3  of  the  act  of  August  5,  1861  (12  id.,  287),  three  first  lieutenants  and 
three  second  lieutenants  were  added,  and  the  organization  of  three  additional 
companies  of  engineer  soldiers  was  authorized  by  the  act  of  August  6,  1861 
(id.,  317)  ;  two  lieutenant  colonels  and  four  majors  were  added  to  the  strength 
of  the  corps  "by  regular  promotion."  The  Corps  of  Topographical  Engineers 
was  discontinued  by  the  act  of  March  3,  1863  (id.,  743),  and  its  officers  were 
merged  in  the  Corps  of  Engineers.  Examinations  were  also  required,  in  all 
grades  below  that  of  field  officer,  as  a  condition  precedent  to  promotion.  The 
composition  of  the  corps  was  fixed,  by  the  same  enactment,  at  one  brigadier 
general,  four  colonels,  ten  lieutenant  colonels,  twenty  majors,  thirty  captains, 
thirty  first  lieutenants.- and  ten  second  lieutenants.  By  section  19  of  the  act  of 
July  28,  1866  (14  id.,  333),  the  strength  of  the  corps  was  fixed  at  one  brigadier 
general,  six  colonels,  twelve  lieutenant  colonels,  twenty -four  majors,  thirty  cap- 
tains, twenty-six  first  lieutenants,  and  ten  second  lieutenants.  By  section  6  of 
the  act  of  March  3,  1869  (15  id.,  318),  appointments  and  promotions  in  the  sev- 
eral departments  of  the  staff  were  suspended  until  otherwise  directed  by  Con- 
gress. This  requirement  was  removed,  however,  as  to  all  officers  below  the 
grade  of  brigadier  general  by  the  act  of  June  10,  1872  (17  id.,  382),  and  repealed 
as  to  the  Chief  of  Engineers  by  the  act  of  June  30,  1879  (21  id.,  45).  By  the 
act  of  July  5,  1898  (30  id.,  652),  the  strength  of  the  Corps  of  Engineers  was 
fixed  at  one  brigadier  general,  seven  colonels,  fourteen  lieutenant  colonels, 
twenty-eight  majors,  thirty-five  captains,  thirty  first  lieutenants,  and  twelve 
second  lieutenants. 

By  section  22  of  the  act  of  February  2,  1901  (31  Stat.  754),  the  strength  of 
the  department  was  fixed  at  one  Chief  of  Engineers  with  the  rank  of  brigadier 
general,  seven  colonels,  fourteen  lieutenant  colonels,  twenty-eight  majors,  forty 
captains,  forty  first  lieutenants,  and  thirty  second  lieutenants.  The  enlisted  force 
was  also  increased  by  the  addition  of  two  battalions  of  engineer  troops.  It  was 
also  provided  that  the  troops  of  the  three  engineer  battalions  and  the  officers 
of  Engineers  assigned  to  duty  therewith  should  constitute  a  part  of  the  line  of 
the  Army. 

By  the  act  of  April  23,  1904  (33  Stat.  263),  the  strength  of  the  corps  was 
fixed  at  one  Chief  of  Engineers  with  the  rank  of  brigadier  general,  ten  colonels, 
sixteen  lieutenant  colonels,  thirty-two  majors,  forty-three  captains,  forty-three 
first  lieutenants,  and  forty-three  second  lieutenants.  By  section  5  of  the  act  of 
February  27,  1911  (36  Stat.  957),  the  corps  was  increased  by  five  colonels,  six 
lieutenant  colonels,  nineteen  majors,  seventeen  captains,  and  thirteen  first  lieu- 
tenants— the  increase  to  be  extended  over  a  period  of  five  years  as  nearly  as 
practicable. 

The  Corps  of  Topographical  Engineers. — The  act  of  March  3,  1813  (2  Stat. 
819),  authorized  the  appointment  of  eight  topographical  engineers  with  the 
rank  of  major  of  cavalry  and  eight  assistants  with  the  rank  of  captain  of  in- 
fantry; but  this  force  was  reduced  to  two  majors  by  the  act  of  March  3,  1815 
(id.,  224).  By  the  act  of  April  24,  1816  (id.,  297),  three  majors  and  two  as- 
sistants with  the  rank  of  captain  were  authorized  for  each  division  of  the  Army. 
On  July  2,  1818,  these  officers  were  merged,  by  general  orders,  in  the  Corps  of 
Engineers.  In  August,  1818,  a  topographical  bureau  was  established  in  the 
War  Department,  the  duties  of  the  bureau  being  performed  by  officers  detailed 
from  the  line.  By  the  act  of  April  30,  1824  (4  id.,  22),  civil  assistants  were  au- 
thorized to  be  employed,  and  on  June  21,  1831,  the  Topographical  Bureau  was 
formally  constituted,  in  general  orders,  as  a  separate  office  of  the  War  De- 
partment. 

The  Corps  of  Topographical  Engineers  eo  nomine  was  established  by  section 
4  of  the  act  of  July  5,  1838  (5  Stat.  256)  to  consist  of  one  colonel,  one  lien- 
tenant  colonel,  four  majors,  ten  captains,  ten  first  lieutenants,  and  ten  second 
lieutenants,  who  were  to  be  appointed  by  selection  from  the  Corps  of  Engineers, 
from  the  line  of  the  Army,  and  from  the  civil  engineers  authorized  by  the  act 
of  April  30,  1824.  The  corps  as  thus  constituted  was  increased  by  section  2  of 
the  act  of  August  5,  1861  (12  id.,  287),  by  the  addition  of  three  first  lieutenants 
and  three  second  lieutenants,  and,  by  the  act  of  August  6,  1861  (id.,  317),  by 
the  addition  of  two  lieutenant  colonels,  four  majors,  and  one  company  of  en- 
gineer soldiers.  The  corps  was  discontinued  by  the  act  of  March  3,  1863  (12 
Stat.  743),  its  officers  being  merged  in  the  Corps  of  Engineers. 


CHAPTER  XXI. 


THE  ORDNANCE  DEPARTMENT— ARMORIES  AND  ARSE- 
NALS—BOARD OF  ORDNANCE  AND  FORTIFICATION. 


Par. 

The  Ordnance  Department 809-$>5 

Organization 809 

Promotions — examinations 810 

Same — seniority 811 

Details 812 

Same — term 813 

Same — qualifications 814 

Same — rank 815 

Assignments  to  corps  and  divi- 
sions   816 

Office  Chief  of  Ordnance— prin- 
cipal assistant 817 

Same — draftsman 818 

Enlisted  men 819-825 

Ordnance  sergeants 819 

Same — qualifications 820 

Number  of  enlisted  men 821 

Details  of  artificers 822 

Chief  of  Ordnance — duties 823 

Same — supply  of  ordnance,  etc. .  824 
Same— depots 825 

Contracts  and  purchases 826-832 

Formal 826 

Purchases  of  steel 827 

Material  for  cartridge  bags 828 

Articles  involving  secret  proce&s, 

etc 829 

For  other  departments 830 

Various  ordnance  appropriations.  831 
Disbursements 832 

Property  accountability 833-836 

Reports  to  Secretary  of  War. ...  833 

Semiannual  returns 834 

Same — regulations 835 

Reports  of  damages 836 

Sales  of  obsolete  and  unserviceable 

material 837-841 

Powder  and  shot. . .  837 


Par. 

Sales  of  obsolete  and  unserviceable 
material — Continued. 

Proceeds 838 

To  patriotic  organizations 839 

Obsolete  cannon,  etc 840 

For  experimental  purposes 841 

Sales  of  serviceable  property 842-848 

To  bureaus  and  departments 842 

To  Navy  and  Marine  officers 843 

To  civilian  employees  and  Red 

Cross 844 

For  sentimental  reasons — collec- 
tions from  carriers 845 

Proceeds    available    to    replace 

stores 846 

Issues    to   other    executive   depart- 
ments   847 

Freight  on  issues 848 

Loans  and  gratuitous  issues 849-852 

To  municipal  corporations,  etc. .  849 
To  homes  for  disabled  volunteer  s  850 

Tests  of  rifled  cannon 851 

Caliber  determinations 852 

Armories  and  arsenals 853-856 

Armories — officers  and  workmen .   853 

Same — compensation 854 

Same — annual    account    of    ex- 
penses   855 

Same — useless  arsenals 856 

Employees  of  arsenals,  etc 857-860 

Leaves  of  absence 857 

Penalty  for  certain  offenses 858 

Enticing  away  workmen — pen- 
alty   859 

Exemption  from  jury  service 860 

Appropriations — apportionment      of 

expenses 861 

Same— replacing  materials 862 

311 


312 


MILITARY   LAWS  OF   THE  TJKITED   STATES. 


Par. 

Inventions 863-865 

Patents  without  fee 863 

Rewards  to  employees 864 

Prohibited  expenditures 865 

Board  for  testing  iron  and  steel. .  8C6-869 
Appointment  of  board — testing 

machines 866 

Same — compensation 867 

Tests  for  private  parties — fees. .  868 
Same — use  of  funds...  .  869 


Par. 

Board   of    Ordnance   and    Fortifica- 
tion   870-878 

Organization — duties 870 

Additional  member 871 

Same 872 

Additional  civilian  member 873 

Member  interested  in  device 874 

Investigations  and  tests 875 

Eight  to  use  inventions , 876 

Expenses  of  board 877 

Appropriation — expenditure 878 


THE  ORDNANCE  DEPARTMENT. 

809.  Organization. — The  Ordnance  Department  shall  consist  of 
one  chief  of  ordnance  with  the  rank  of  brigadier-general;  six  col- 
onels, nine  lieutenant-colonels,  nineteen  majors,  twenty-five  captains, 
twenty-five  first  lieutenants,  and  the  enlisted  men,  including  ord- 
nance-sergeants, as  now  authorized  by  law.    Act  of  June  25,  1906 
(34  Stat.  455). 

810.  Promotions — Examinations. — No    *    *    *    promotion  in  said 
department  shall  hereafter  be  made  until  the  officer  or  person  so 
*     *     *     promoted   shall   have   passed   a   satisfactory   examination 
before  a  board  of  ordnance  officers  senior  to  himself.1    Sec.  5,  Act  of 
June  23,  1874  (18  Stat.  245). 

811.  Same — Seniority. — So  long  as  there  remain  any  officers  hold- 
ing  permanent   appointment   in   the     *     *     *     Ordnance   Depart- 
ment    *     *     *     they  shall  be  promoted  according  to  seniority  in 
the  several  grades,  as  now  provided  by  law,  and  nothing  herein  con- 
tained shall  be  deemed  to  apply  to  vacancies  which  can  be  filled  by 
such  promotions  or  to  the  periods  for  which  officers  so  promoted 
shall  hold  their  appointments.2    Sec.  26,  Act  of  Feb.  2,  1901   (31 
Stat.  755). 

812.  Details. — When  any  vacancy,  except  that  of  the  chief  of  the 
department  or  corps,  shall  occur,  which  can  not  be  filled  by  promo- 
tion as  provided  for  in  this  section,  it  shall  be  filled  by  detail  from 
the  line  of  the  Army.    Id. 

813.  Same — Term. — All  officers  so  detailed  shall  serve  for  a  period 
of  four  years,  at  the  end  of  which  time  they  shall  return  to  duty  with 
the  line,  and  officers  below  the  rank  of  lieutenant-colonel  shall  not 
again  be  eligible  for  selection  in  any  staff  department  until  they 
have  served  two  years  with  the  line.     Id. 

1  Vacancies  which  may  hereafter  occur  are  required  to  be  filled  in  accordance 
with  the  system  of  details  prescribed  in  section  26  of  the  act  of  February  2, 
1901.     See,  in  this  connection,  the  title  Details  to  the   Staff  in  the  chapter 
entitled  The  Staff  Departments. 

2  Examinations  for  promotions  in  this  department  are  now  regulated  by  the 
acts  of  June  23,  1874    (18   Stat.  245) ;   October  1,  1890    (26  Id.,  562)  ;   and 
July  27,  1892  (27  id..  276). 


MILITARY  LAWS  OF   THE  UNITED  STATES.  313 

814.  Same — Qualifications. — Details  to  the  Ordnance  Department 
under  the  provisions  of  the  Act  of  February  second,  nineteen  hun- 
dred and  one,  may  be  made  from  the  Army  at  large  from  the  grade 
in  which  the  vacancy  exists,  or  from  the  grade  below:  Provided, 
That  no  officer  shall  be  so  detailed  except  upon  the  recommendation 
of  a  board  of  ordnance  officers,  and  after  at  least  one  examination, 
which  shall  be  open  to  competition:  And  provided  further,  That 
officers  so  detailed  in  grades  below  that  of  major  shall  not  be  again 
eligible  for  such  detail  until  after  they  shall  have  served  for  at  least 
one  year  out  of  that  department.    Act  of  June  25,  1906  (34  Stat. 
465). 

815.  Same — Rank. — Hereafter   officers   serving  by   detail   in   the 
Ordnance  Department,  under  the  Acts  of  February  second,  nineteen 
hundred  and  one,  and  June  twenty-fifth,  nineteen  hundred  and  six, 
shall  take  rank  in  their  respective  grades  from  the  dates  of  their 
rank  under  their  original  detail  in  said  grades.     Act  of  Mar.  3,  1909 
(35  Stat.  751). 

816.  Assignments  to  corps  and  divisions. — A  chief  ordnance  officer 
may  be  assigned  to  the  staff  of  an  army  or  a  corps  commander,  and 
while  so  assigned  shall  have  the  rank,  pay.  and  allowance  of  a  lieu- 
tenant-colonel.    A  chief  ordnance  officer  may  be  assigned  to  the  staff 
of  a  division  commander,  and  while  so  assigned  shall  have  the  rank, 
pay  and  allowances  of  a  major.     Act  of  July  7,  1898  (30  Stat.  720). 

817.  Ordnance  bureau — Principal  assistant. — The  principal  assist- 
ant in  the  Ordnance  Bureau  shall  receive  a  compensation,  including 
pay  and  emoluments,  not  exceeding  that  of  a  major  of  ordnance. 
Sec.  1279,  R.  S. 

818.  Same — Skilled  draftsmen. — The  services  of   skilled   drafts- 
men and  such  other  services,  not  clerical,  as  the  Secretary  of  War 
may  deem  necessary,  may  be  employed  in  the  office  of  the  Chief  of 
Ordnance  to  carry  into  effect  the  various  appropriations  for  the 
armament  of  fortifications  and  for  the  arming  and  equipping  of  the 
Organized  Militia,  to  be  paid  from  such  appropriations,  in  addition 
to  the  amount  specifically  appropriated  for  draftsmen  in  the  Army 
Ordnance  Bureau:  Provided,  That     *     *     *     the  Secretary  of  War 
shall  each  year  in  the  annual  estimates  report  to  Congress  the  num- 
ber of  persons  so  employed,  their  duties,  and  the  amount  paid  to 
each.1    Act  of  Mar.  4, 19  J  3  (37  Stat.  765.) 

ENLISTED  MEN. 

819.  Ordnance  sergeants. — There  shall  be   an   ordnance-sergeant 
for  each  military  post,  whose  duty  it  shall  be  to  take  care  of  the  ord- 
nance, arms,  ammunition,  and  other  military  stores  at  such  post, 

1Tbis  provision  appears  annually  in  the  legislative,  executive,  and  judicial 
appropriation  act. 


314  MILITARY  LAWS  OF   THE  UNITED  STATES. 

under  the  direction  of  the  commanding  officer,  and  according  to  regu- 
lations prescribed  by  the  Secretary  of  War.1    Sec.  1109,  R.  S. 

820.  Same — Qualifications. — Ordnance-sergeants  shall  be  selected 
by  the  Secretary  of  War  from  the  sergeants  of  the  line  who  shall 
have  served  faithfully  for  eight  years,  including  four  years  in  the 
grade  of  noncommissioned  officer,  and  shall  be  assigned  to  their  sta- 
tions by  him.    Sec.  1110,  R.  S. 

821.  Number  of  enlisted  men. — The  Chief  of  Ordnance  may  enlist 
as  many  sergeants  of  ordnance,  corporals  of  ordnance,  and  first  and 
second  class  privates  of  ordnance  as  the  Secretary  of  War  may 
direct.    Sec.  1162,  R.  S. 

822.  Details  of  artificers. — The  Chief  of  Ordnance,  subject  to  the 
approval  of  the  Secretary  of  War,  shall  organize  and  detail  to  regi- 
ments, corps,  or  garrisons  such  numbers  of  ordnance  enlisted  men,  fur- 
nished with  proper  tools,  carriages,  and  apparatus,  as  may  be  neces- 
sary, and  shall  make  regulations  for  their  government.    Sec.  1163,  R.  S. 

823.  Chief  of  Ordnance — Duties. — It  shall  be  the  duty  of  the  Chief 
of  Ordnance  to  furnish  estimates,  and,  under  the  direction  of  the 
Secretary  of  War,  to  make  contracts  and  purchases,  for  procuring 
the  necessary  supplies  of  ordnance  and  ordnance  stores  for  the  use 
of  the  armies  of  the  United  States;  to  direct  the  inspection  and 
proving  of  the  same,  and  to  direct  the  construction  of  all  cannon 
and    carriages,    ammunition    wagons,    traveling    forges,    artificers' 
wagons,  and  of  every  implement  and  apparatus  for  ordnance,  and 
the  preparation  of  all  kinds  of  ammunition  and  ordnance  stores 
constructed  or  prepared  for  said  service.2    Sec.  116^,  R.  S. 

824.  Same — Supply  of  ordnance,  etc. — The  Chief  of  Ordnance,  or 
the  senior  officer  of  that  corps  for  any  district,  shall  execute  all 
orders  of  the  Secretary  of  War,  and,  in  time  of  war,  the  orders  of 
any  general  or  field  officer  commanding  an  army,  garrison,  or  de- 
tachment, for  the  supply  of  all  ordnance  and  ordnance  stores  for 
garrison,  field,  or  siege  service.    Sec.  1166,  R.  S. 

825.  Same — Depots. — The  Chief  of  Ordnance,  under  the  direction 
of  the  Secretary  of  War,  may  establish  depots  of  ordnance  and 
ordnance  stores  in  such  parts  of  the  United  States  and  in  such  num- 
bers as  may  be  deemed  necessary.3    Sec.  1165,  R.  S. 

aFor  pay  and  allowances  of  ordnance-sergeants,  see  chapter  entitled  the 
Quartermaster's  Corps. 

*  For  powers  and  duties  of  this  office  in  respect  to  the  care  and  accountability 
of  ordnance  and  ordnance  stores,  see  paragraphs,  834-836,  post. 

8  Clerical  services. — The  employment  of  clerical  services  in  the  Ordnance  De- 
partment is  regulated  in  the  annual  acts  of  appropriation.  The  amount  to  be 
expended  for  such  services  was  fixed  at  $65,000  by  the  acts  of  March  3,  1883, 
July  5,  1884,  and  March  3,  1885 ;  at  $60,000  by  the  acts  of  June  30,  1886,  Feb- 
ruary 9,  1887,  September  22,  1888,  March  2,  1889,  June  13,  1890,  February  24, 
1891,  July  16,  1892,  February  27,  1893,  August  6,  1894,  February  12,  1895, 
March  16,  1896,  March  2,  1897,  and  March  15,  1898.  This  restriction  was  sus- 
pended, during  the  existing  war  with  Spain,  by  the  act  of  June  7,  1898  (30 
Stat.  434),  and  subsequent  enactments  of  similar  character. 


MILITARY   LAWS  OF   THE   UNITED  STATES.  315 

CONTRACTS  AND  PURCHASES. 

826.  Formal  contracts. — Hereafter  whenever  contracts  which  are 
not  to  be  performed  within  sixty  days  are  made  on  behalf  of  the 
Government  by  the     Chief  of  Ordnance,  or  by  officers  under  him 
authorized  to  make  them,  and  are  in  excess  of  five  hundred  dollars 
in  amount,  such  contracts  shall  be  reduced  to  writing  and  signed  by 
the  contracting  parties  with  their  names  at  the  end  thereof.     In  all 
other  cases  contracts  shall  be  prepared  under  such  regulations  as 
may  be  prescribed  by  the  Chief  of  Ordnance.1    Act  of  Mar.  23, 1910 
(36  Stat.  261). 

827.  Purchases  of  steel. — No  contract  for  the  expenditure  of  any 
portion  of  the  money  herein  provided,  or  that  may  be  hereafter  pro- 
vided for  the  purchase  of  steeF  shall  be  made  until  the  same  shall 
have  been  submitted  to  public  competition  by  the  Department  by 
advertisement.     Act  of  Feb.  24,  1891  (26  Stat.  769). 

828.  Material  for  cartridge  bags. — When,  in  the  opinion  of  the 
Secretary  of  War,  it  is  necessary  to  purchase  material  abroad  for 
the  manufacture  of  sacks  for  artillery  cartridges,  it  shall  be  admitted 
free  of  duty.2    Act  of  Mar.  15, 1898  (30  Stat.  326). 

829.  Articles  involving  secret  process,  etc. — Whenever  proposals 
are  invited  for  the  furnishing  of  articles  of  ordnance  property,  the 
character  of  which  or  the  ingredients  thereof  are  of  such  a  nature 
that  the  interests  of  the  public  service  would  be  injured  by  publicly 
divulging  them,  the  Chief  of  Ordnance  is  authorized  to  purchase 
such  articles  in  such  manner  as  he  may  deem  most  economical  and 
efficient.    Act  of  May  11, 1908  (35  Stat.  125). 

830.  For  other  Departments. — Whenever  the  Ordnance  Depart- 
ment, under  existing  regulations,  procures  stores  for  other  Executive 
Departments  or  bureaus,  including  the  Philippine  government,  its 
appropriations  shall  be  applicable  to  defray  the  necessary  expenses 
in  connection  with  the  procurement,  subject  to  reimbursement  from 
time  to  time,  or  on  completion  of  the  work,  from  the  department  or 
bureau  for  which  the  stores  were  procured.3    Act  of  June  12,  1906 
(34  Stat.  258). 

831.  Various  ordnance  appropriations. — Hereafter  the  appropria- 
tions "  Ordnance-stores  ammunition,"  "  Small-arms  target  practice," 
and  "  Ordnance  stores  and  supplies  "  shall  be  available  for  two  years 

1This  act  amends  section  3744,  Revised  Statutes,  so  far  as  it  affects  the 
Ordnance  Department.  (See  under  chapter  "Contracts  and  purchases,"  par. 
1211,  post.) 

"The  annual  appropriation  act  for  the  fiscal  year  ending  June  30,  1911,  con- 
tains the  following  provision  (act  of  June  23,  1910.  36  Stat.  599)  :  "All  material 
purchased  under  the  provisions  of  this  act  shall  be  of  American  manufacture, 
except  in  cases  when,  in  the  judgment  of  the  Secretary  of  War,  it  is  to  the 
manifest  interest  of  the  United  States  to  make  purchases  in  limited  quantities 
abroad,  which  material  shall  be  admitted  free  of  duty." 

*  See  also  act  of  August  24,  1912  (37  Stat.  589),  par.  842,  post 


316  MILITABY  LAWS   OF   THE  UNITED  STATES. 

to  procure  the  stores  authorized  by  them.    Act  of  Mar.  2,  1907 
Stat.  1175). 

832.  Disbursements. — Hereafter  whenever  pressing  obligations  are 
required  to  be  paid  by  a  disbursing  officer  of  the  Ordnance  Depart- 
ment and  there  is  an  insufficient  balance  to  his  official  credit  under 
the  proper  appropriation  or  appropriations  for  the  purpose,  he  is 
authorized  to  make  payment  from  the  total  available  balance  to  his 
official  credit,  provided  sufficient  funds  under  the  proper  appropria- 
tion or  appropriations  have  been  allotted  by  the  Chief  of  Ordnance 
for  the  expenditure.     When  such  disbursements  are  made  the  ac- 
counts of  the  disbursing  officer  shall  show  the  charging  of  the  proper 
appropriations,  the  balances  under  which  will  be  adjusted  by  the 
disbursing  officer  on  receipt  of  funds  or  by  the  accounting  officers 
of  the  Treasury.    Act  of  Mar.  3, 1909  (35  Stat.  750) . 

(For  similar  provision  relative  to  the  disbursing  officers  of  the  Quartermas- 
ter's Department,  see  paragraph  523.) 

PROPERTY  ACCOUNTABILITY. 

833.  Reports  to  Secretary  of  W ar.— The  Chief  of  Ordnance  shall, 
half  yearly,  or  oftener  if  so  directed,  make  a  report  to  the  Secretary 
of  War  of  all  the  officers  and  enlisted  men  in  his  department  of  the 
service,  and  of  all  ordnance  and  ordnance  stores  under  his  control.1 
Sec.  1167,  R.  S. 

834.  Semiannual  returns. — Every  officer  of  the  Ordnance  Depart- 
ment,    *     *     *     every  post  ordnance-sergeant,  each  keeper  of  maga- 
zines, arsenals,  and  armories,  every  assistant  and  deputy  of  such, 
and  all  other  officers,  agents,  or  persons  who  shall  have  received  or 
may  be  entrusted  with  any  stores  or  supplies,  shall  •  *     *     *     [semi- 
annually],  or  oftener  if  so  directed,  and  in  such  manner  and  on  such 
forms  as  may  be  directed  or  prescribed  by  the  Chief  of  Ordnance, 
make  true  and  correct  returns  to  the  Chief  of  Ordnance  of  all  ord- 
nance arms,  ordnance  stores,  and  all  other  supplies  and  property  of 
every  kind  received  by  or  entrusted  to  them  and  each  of  them,  or 
which  may  in  any  manner  come  into  their  and  each  of  their  posses- 
sion or  charge.    Sec.  1167,  R.  S.,  as  amended  ~by  Act  of  Feb.  25, 1903 
(32  Stat.  885). 

835.  Same — Regulations. — The  Chief  of  Ordnance,  subject  to  the 
approval  of  the  Secretary  of  War,  is  hereby  authorized  and  directed 
to  draw  up  and  enforce  in  his  department  a  system  of  rules  and  regu- 
lations for  the  government  of  the  Ordnance  Department,  and  of  all 
persons  in  said  department,  and  for  the  safe-keeping  and  preserva- 
tion of  all  ordnance  property  of  every  kind,  and  to  direct  and  pre- 

1  Since  the  amendment  of  this  section  by  the  act  of  February  27,  1877,  the 
annual  report  as  now  rendered  by  the  Chief  of  Ordnance  takes  the  place  of  the 
old  reports  rendered  under  this  section. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  317 

scribe  the  time,  number,  and  forms  of  all  returns  and  reports,  and 
to  enforce  compliance  therewith.1  Sec.  1167,  R.  S.,  as  amended  by 
the  Act  of  Feb.  27, 1877  (19  Stat.  242). 

836.  Reports  of  damages. — Every  officer  commanding  a  regiment, 
corps,  garrison,  or  detachment  shall  make,  once  every  two  months, 
or  oftener  if  so  directed,  a  report  to  the  Chief  of  Ordnance  stating 
all  damages  to  arms,  equipments,  and  implements  belonging  to  his 
command,  noting  those  occasioned  by  negligence  or  abuse,  and  nam- 
ing the  officer  or  soldier  by  whose  negligence  or  abuse  the  said  dam- 
ages were  occasioned.2    Sec.  1220,  R.  S. 

SALES  OF  OBSOLETE  AND  UNSERVICEABLE  MATERIAL. 

837.  Powder  and  shot. — The  Secretary  of  War  is  hereby  authorized, 
in  his  discretion,  to  exchange  the  unserviceable  and  unsuitable  pow- 
der and  shot  on  hand  for  new  powder  and  projectiles,  or  to  sell  the 
same  and  purchase  similar  articles  with  the  proceeds  of  the  sales; 
and  he  shall  make  statement  of  his  action  under  this  provision  in  his 
next  annual  report.    Act  of  Mar.  3, 1881  (21  Stat.  468). 

838.  Proceeds. — The  Secretary  of  the  Navy  is  authorized  to  dispose 
of  the  useless  ordnance  material  on  hand  at  public  sale  according  to 
law.     *     *     *     And  in  the  case  of  the  sale  of  like  materials  in  the 
War  Department,  the  proceeds  of  which  shall  be  turned  into  the 
Treasury,  an  amount  equal  to  the  net  proceeds  of  such  sale  is  hereby 
appropriated  for  the  purpose  of  procuring  a  supply  of  material 
adapted  in  manufacture  and  caliber  to  the  present  wants  of  the  war 
service :  And  there  shall  be  expended  in  the  War  Department,  under 
this  provision,  not  more  than  seventy-five  thousand  dollars  in  any 
one  year.3    Act  of  Mar.  3, 1875  (18  Stat.  388). 

839.  To  patriotic  organizations. — The  Chief  of  Ordnance  is  hereby 
authorized  to  sell  without  advertisement  to  patriotic  organizations 
for  military  purposes  surplus  obsolete  small  arms  and  their  equip- 
ments and  ammunition  at  such  prices  as  he  may  deem  reasonable  and 
just:  Provided,  That  hereafter  obsolete  small  arms  and  their  equip- 
ment and  ammunition  shall  not  be  disposed  of  to  such  organizations 
except  as  provided  for  in  this  Act.    Sec.  14,  Act  of  May  28,  1908  (35 
Stat.  443). 

840.  Obsolete  cannon,  etc. — The  Chief  of  Ordnance  is  hereby  au- 
thorized to  sell  without  advertisement  for  public  parks,  public  build- 

xFor  statutory  provisions  on  the  subject  of  property  returns,  see  the  act  of 
Mar.  29,  1894  (28  Stat.  42)  ;  see  also  the  chapter  entitled  The  Public  Property. 

2  While  this  section  has  not  been  expressly  repealed,,  yet  the  semiannual  re- 
turns and  survey  reports  are  the  only  reports  now  made. 

*  For  rules  respecting  the  disposition  of  damaged  stores  or  stores  that  are 
unsuitable  for  the  public  service,  see  the  chapter  entitled  The  Public  Property; 
for  rules  as  to  the  disposition  of  the  proceeds  of  the  sale  of  condemned  property, 
see  the  chapter  entitled  The  Treasury  Department. 


318  MILITARY  LAWS   OF   THE  UNITED  STATES. 

ings,  and  soldiers'  monuments  purposes  surplus  obsolete  brass  or 
bronze  cannon,  carriages,  and  cannon  balls  at  such  prices  as  he  may 
deem  reasonable  and  just:  Provided,  That  hereafter  obsolete  brass 
or  bronze  cannon  and  their  accessories  shall  not  be  disposed  of  for 
such  purposes  except  as  provided  for  in  this  act.1  Sec.  Ifl,  Act  of 
Mar.  4,  1909  (35  Stat.  1075). 

841.  For  experimental  purposes. — That  the  Secretary  of  War  and 
the  Secretary  of  the  Navy  are  hereby  authorized  to  sell  to  projectors 
of   methods   of   conversion,   for   experimental   purposes   only,   any 
smooth-bore  cannon  on  hand  required  by  them,  at  prices  which  shall 
not  be  less  than  have  been  received  from  auction  sales  for  such  ar- 
ticles, and  deliver  the  same  at  the  cost  of  the  Government,  at  the 
nearest  convenient  place  fqr  shipment  or  public  transportation;  the 
cost  of  delivery  to  be  deducted  from  the  proceeds  of  sales,  and  the 
balance  to  be  covered  into  the  Treasury  of  the  United  States.    Sec.  3, 
Act  of  July  5, 1884  (23  Stat.  159) . 

SALES    OF    SERVICEABLE    PROPERTY. 

842.  To  bureaus   and  departments. — Hereafter   when   authorized 
transfers  or  sales  of  ordnance  or  ordnance  stores  are  made  to  another 
bureau  of  the  War  Department,  or  to  another  executive  department 
of  the  Government,  payment  therefor  shall  be  made  by  the  proper 
disbursing  officer  of  the  bureau,  office,  or  department  concerned. 
When  the  transaction  is  between  two  bureaus  of  the  War  Depart- 
ment, the  price  to  be  charged  shall  be  the  cost  price  of  the  stores, 
including  the  cost  of  inspection.     When  the  transaction  is  between 
the  Ordnance  Department  and  another  executive  department  of  the 
Government,  the  price  to  be  charged  shall  include  the  cost  price  of 
the  stores  and  the  costs  of  inspection  and  transportation.    Act  of 
Aug.  24, 1912  (37  Stat.  589). 

843.  Sales  of  ordnance  property. — Articles  of  ordnance  property 
may  be  sold  by  the  Chief  of  Ordnance  to  officers  of  the  Navy  and 
Marine  Corps,  for  their  use  in  the  public  service,  in  the  same  manner 
as  these  articles  are  now  sold  to  officers  of  the  army.    Act  of  Mar. 
3,1909  (35  Stat.  7 51). 

844.  To  civilian  employees  and  Red  Cross. — Sales  of  ordnance 
stores  are  authorized  to  civilian  employees  of  the  army  and  to  The 
American  National  Red  Cross  under  such  regulations  as  may  be 
prescribed  by  the  Secretary  of  War.     Id.,  750. 

845.  For  sentimental  reasons;  collections  from  carriers. — Hereafter 
moneys  arising  from  deductions  made  from  carriers  on  account  of 
the  loss  of  or  damage  to  military  stores  in  transit  shall  be  credited 

1  The  provision  here  referred  to  is  that  "  no  expense  shall  be  incurred  by  the 
United  States  in  the  delivery  of  the  same." 


MILITARY  LAWS  OP  THE  UNITED  STATES.  319 

to  the  proper  appropriation  or  funds  out  of  which  such  or  similar 
stores  shall  be  replaced  and  individual  pieces  of  United  States  arma- 
ment which  are  not  needed  on  account  of  historical  value,  and 
can  be  advantageously  replaced,  may  be  sold  at  a  price  not  less 
than  their  cost  price,  when  there  exist  for  such  sale  sentimental  rea- 
sons adequate  in  the  judgment  of  the  Secretary  of  War  or  Secretary 
of  the  Navy.  Act  of  Mar.  2,  1905  (33  Stat.  840)  . 

846.  Proceeds  available  to  replace  stores.  —  Hereafter  all  moneys 
arising  from  disposition  authorized  by  law  and  regulation  of  serv- 
iceable ordnance  and  ordnance  stores  shall  constitute  one  fund  on 
the  books  of  the  Treasury  Department,  which  shall  be  available 
to  replace  ordnance  and  ordnance  stores  throughout  the  fiscal  year 
in  which  the  disposition  was  effected  and  throughout  the  following 
year.    The  Secretary  of  War  is  hereby  authorized  to  sell  to  Amer- 
ican designers  such  serviceable  ordnance   and  ordnance  stores  as 
may  be  necessary  in  the  development  of  designs  which  may  be  used 
in  the  military  service  :  Provided,  That  such  ordnance  and  ordnance 
stores  can  be  spared  for  the  purpose,  and  funds  arising  from  such 
sales  shall  be  available  to  replace  like  ordnance  and  ordnance  stores. 
Act'  of  Apr.  %3,  1904  (33  Stat.  276). 

847,  Issues  to  other  Executive  Departments.  —  Upon  the  request  of 
the  head  of  any  Department,  the  Secretary  of  War  be,  and  he  hereby 
is,  authorized  and  directed  to  issue  arms  and  ammunition  when- 
ever they  may  be  required  for  the  protection  of  the  public  money 
and  property,  and  they  may  be  delivered  to  any  officer  of  the  Depart- 
ment designated  by  the  head  of  such  Department,  to  be  accounted 
for  to  the  Secretary  of  War,  and  to  be  returned  when  the  necessity 
for  their  use  has  expired.     Arms  and  ammunition  heretofore  fur- 
nished to  any  Department  by  the  War  Department,  for  which  the 
War  Department  has  not  been  reimbursed,  may  be  receipted  for 
under  the  provisions  of  this  act.1    Act  of  Mar.  3,  1879  (20  Stat. 


848.  Freight  on  issues.  —  No  part  of  the  appropriations  made  for 
the   Ordnance   Department   shall  be  used   in  payment   of   freight 
charges  on  ordnance  or  ordnance  stores  issued  by  said  department. 
Act  of  Mar  2,  1901  (31  Stat.  910). 

LOANS  AND  GRATUITOUS  ISSUES. 

849.  To  municipal  corporations,  etc.  —  The  Secretary  of  War  and  the 
Secretary  of  the  Navy  are  each  hereby  authorized,  in  their  discretion, 
to  loan  or  give  to  soldiers'  monument  associations,  posts  of  the 

1  Section  2  of  the  act  of  May  18,  1898  (30  Stat  419),  authorized  the  Secretary 
of  War  and  general  officers  commanding  troops  in  Cuba  to  make  certain  issues 
of  arms,  ammunition,  equipments,  etc.,  to  the  Cuban  people  during  the  exist- 
ence of  the  War  with  Spain. 


320  MILITARY   LAWS   OF   THE   UNITED   STATES. 

Grand  Army  of  the  Republic,  and  municipal  corporations  condemned 
ordnance,  guns,  and  cannon  balls  which  may  not  be  needed  in  the 
service  of  either  of  said  Departments.  Such  loan  or  gift  shall  be 
made  subject  to  rules  and  regulations  covering  the  same  in  each 
Department,  and  the  Government  shall  be  at  no  expense  in  connec- 
tion with  any  such  loan  or  gift.  Act  of  May  22, 1896  (29  Stat.  133}. 

850.  To  Homes  for  Disabled  Volunteers. — The  Chief  of  Ordnance 
is  authorized  to  issue  such  obsolete  ordnance,  gun  carriages,  and 
ordnance  stores,  as  may  be  needed  for  ornamental  purposes,  to  the 
Homes  for  Disabled  Volunteer  Soldiers,  the  Homes  to  pay  for  trans- 
portation and  such  other  expenses  as  are  necessary.1    Act  of  Mar. 
3,1899  (30  Stat.  1073). 

851.  Tests  of  rifted  cannon. — That  hereafter  all  rifled  cannon  of 
any  particular  material,  caliber,  or  kind,  made  at  the  cost  of  the 
United  States,  shall  be  publicly  subjected  to  the  proper  test,  includ- 
ing such  rapid  firing  as  a  like  gun  would  be  likely  to  be  subjected 
to  in  actual  battle,  for  the  determination  of  the  endurance  of  the 
same  to  the  satisfaction  of  the  President  of  the  United  States  or  such 
persons  as  he  may  select ;  and  he  is  hereby  authorized  to  select  not 
to  exceed  five  persons,  who  shall  be  skilled  in  such  matters;  and  if 
such  gun  shall  not  prove  satisfactory,  they  shall  not  be  put  to  use 
in  the  Government  service.    Sec.  2,  Act  of  July  5, 1884  (23  Stat.  159). 

852.  Caliber  determinations. — It  shall  be  the  duty  of  the  Secretary 
of  War  to  cause  the  various  calibers,  lengths  of  bore,  greatest  and 
least  admissible  weights  of  guns  for  each  caliber,  together  with  the 
greatest  and  least  weights  of  projectiles  for  each  caliber,  of  all  the 
various  calibers  required  for  the  service,  together  with  the  number 
of  each  caliber  of  gun  required  to  be  determined,  and  to  make  the 
same  known  to  manufacturers  of  ordnance  on  their  application  and 
to  report  the  same  to  Congress  at  its  next  session  for  its  approval. 
Sec.  I,  id. 

ARMORIES  AND  ARSENALS. 

853.  Armories — Officers  and  workmen. — At  each  arsenal  there  shall 
be  established  a  national  armory,  in  which  there  shall  be  employed 
one  superintendent,  who  shall  be  an  officer  of  the  Ordnance  Depart- 
ment, to  be  designated  by  the  President;  one  master-armorer,  who 
shall  be  appointed  by  the  President,  and  as  many  workmen  as  the 
Secretary  of  War  may,  from  time  to  time,  deem  necessary.     Sec. 
1662,  R.  S. 

854.  Same — Compensation. — The  ordnance  officer  in  charge  of  any 
national  armory  shall  receive  no  compensation  other  than  his  regu- 

1For  similar  loans,  gifts,  and  issues  of  ordnance  to  National  Military  Park, 
see  the  chapter  entitled  National  Parks.  For  issues  to  colleges,  see  the  title 
Details  to  Colleges  in  the  chapter  entitled  Commissioned  officers. 


MILITAKY  IAWS   OF   THE   UNITED   STATES.  321 

Jar  pay  as  an  officer  of  the  corps;  the  master-armorers  shall  receive 
fifteen  hundred  dollars  per  annum  each;  the  inspectors  and  clerks, 
each,  eight  hundred  dollars  per  annum,  except  the  clerks  of  the 
armory  at  Springfield,  Massachusetts,  who  shall  receive  sixteen 
hundred  and  fifty  dollars  per  annum.  Sec.  1663,  R.  S. 

855.  Same — Annual  account  of  expenses. — An  annual  account  of 
the  expenses  of  the  national  armories  shall  be  laid  before  Congress, 
together  with  an  account  of  the  arms  made  and  repaired  therein. 
Sec.  1665,  R.  S. 

856.  Same — Useless  arsenals. — The  Secretary  of  War  is  authorized 
to  abolish  such  of  the  arsenals  of  the  United  States  as,  in  his  judg- 
ment, may  be  useless  or  unnecessary.     Sec.  1666,  R.  S. 

EMPLOYEES   OF    ARSENALS,   ETC. 

857.  Leaves  of  absence.— Each  and  every  employee  of  the  navy- 
yards,  gun  factories,  naval  stations,  and  arsenals  of  the  United  States 
Government  be,  and  is  hereby,  granted  fifteen  working  days'  leave 
of  absence  each  year  without  forfeiture  of  pay  during  such  leave: 
Provided,  That  it  shall  be  lawful  to  allow  pro  rata  leave  only  to  those 
serving  twelve  consecutive  months  or  more:  And  provided  further, 
That  in  all  cases  the  heads  of  divisions  shall  have  discretion  as  to 
the  time  when  the  leave  can  best  be  allowed  without  detriment  to 
the  service,  and  that  absence  on  account  of  sickness  shall  be  deducted 
from  the  leave  hereby  granted.     Act  of  Feb.  1, 1901  (31  Stat.  746). 

858.  Penalty  for  certain  offenses. — If  any  artificer  or  workman, 
hired,  retained,  or  employed  in  any  public  arsenal  or  armory,  wan? 
tonly  and  carelessly  breaks,  impairs,  or  destroys  any  implements, 
tools,  or  utensils,  or  any  stock,  or  materials  for  making  guns,  the 
property  of  the  United  States,  or  willfully  and  obstinately  refuses 
to  perform  the  services  lawfully  assigned  to  him,  pursuant  to  his 
contract,  he  shall  forfeit  a  sum  not  exceeding  twenty  .dollars  for 
every  such  act  of  disobedience  or  breach  of  contract,  to  be  recovered 
in  any  court  having  competent  jurisdiction  thereof.    Sec.  1669,  R.  S. 

859.  Enticing  away  workmen — Penalty. — Whoever  shall  procure  or 
entice  any  artificer  or  workman  retained  or  employed  in  any  arsenal 
or  armory,  to  depart  from  the  same  during  the  continuance  of  his 
engagement,  or  to  avoid  or  break  his  contract  with  the  United  States ; 
or  whoever,  after  due  notice  of  the  engagement  of  such  workman  or 
artificer,  during  the  continuance  of  such  engagement,  shall  retain, 
hire,  or  in  anywise  employ,  harbor,  or  conceal  such  artificer  or  work- 
man, shall  be  fined  not  more  than  fifty  dollars,  or  imprisoned  not 
more  than  three  months,  or  both.    Sec.  4$,  Act  of  Mar.  4,  1909^ 
Criminal  Code  (35  Stat.  1097). 

48985°— 15 21 


322  MILITAEY  LAWS  OF   THE  UNITED  STATES. 

860.  Exemption  from  jury  service. — All  artificers  and  workmen 
employed  in  the  armories  and  arsenals  of  the  United  States  shall  be 
exempted,  during  their  time  of  service,  from  service  as  jurors  in  any 
court.    Sec.  1671,  R.  S. 

861.  Appropriations;  apportionment  of  expenses. — The  Chief  of 
Ordnance,  in  conducting  manufacturing  or  similar  operations,  is 
authorized  to  charge  any  indirect  or  general  expense  for  labor  or 
material  therefor  against  any  of  the  appropriations  authorizing  these 
operations  in  such  manner  as  is  most  economical  and  efficient,  pro- 
vided that  the  methods  adopted  shall  show  that  each  of  such  appro- 
priations bears  its  ratable  share  of  the  total  amount  of  thes*  ex- 
penses.   Act  of  Mar.  2, 1907  (34  Stat.  1062). 

862.  Same — Replacing  materials. — The  Chief  of  Ordnance,  in  con- 
ducting manufacturing  or  similar  operations  under  any  particular 
appropriation  heretofore  or  hereafter  made,  is  authorized  to  use 
material  procured  under  any  appropriation  and  to  replace  the  same 
in  kind  or  otherwise:  Provided,  That  in  doing  so  the  methods  shall 
be  such  that  each  appropriation  will  £>e  charged  with  the  full  value 
of  the  material  used  in  carrying  out  its  object.    Act  of  Mar.  4>  1911 
(36  Stat.  13U). 

INVENTIONS. 

863.  Patents  without  fee. — The  Secretary  of  the  Interior  and  the 
Commissioner  of  Patents  are  authorized  to  grant  any  officer  of  the 
Government,  except  officers  and  employees  of  the  Patent  Office,  a 
patent  for  any  invention  of  the  classes  mentioned  in  section  forty- 
eight  hundred  and  eighty-six1  of  the  Eevised  Statutes,  when  such 
invention  is  used  or  to  be  used  in  the  public  service,  without  the  pay- 
ment of  any  fee:  Provided,  That  the  applicant  in  his  application 
shall  state  that  the  invention  described  therein,  if  patented,  may  be 
used  by  the  Government  or  any  of  its  officers  or  employees  in  the 
prosecution  of  work  for  the  Government,  or  by  any  other  person  in 
the  United   States,  without  the  payment  to  him  of  any  royalty 
thereon,  which  stipulation  shall  be  included  in  the  patent.2    Act  of 
Mar.  3, 1883  (22  Stat.  625). 

1  This  section  of  the  general  patent  law  states  what  inventions  are  patentable. 

2  Where  claimants  seek  to  recover  a  royalty  for  the  use  of  a  patented  device, 
they  must  show  a  contract,  express  or  implied.    Where  on  a  claim  for  royalty 
it  appears  that  the  Government  at  no  time  recognized  a  right  in  the  patentees 
or  acknowledged  a  responsibility,   it  must  be  held  that   no   contract   exists. 
(Russell  and  Livermore  v.  U.  S.,  35  Ct.  Cls.,  154.)     A  contract  to  pay  is  implied 
whenever  the  Government,  acting  through  a  competent  agent,  takes  or  uses 
individual  property,  acknowledging  explicitly  or  tacitly  that  the  property  is 
individual  property.      (Schillinger  v.  U.  S.,  24  Ct.  Cls.,  278;  155  U.  S,  163; 
Berdan's  Case,  25  Ct.  Cls.,  355;  26  id.,  48;  60  id.,  491 ;  156  U.  S.,  552.) 

Section  1673  of  the  Revised  Statutes  contained  the  requirement  that  "no 
royalty  shall  be  paid  by  the  United  States  to  any  of  its  officers  or  employees  for 
the  use  of  any  patent  for  the  system,  or  any  part  thereof,  mentioned  in  the  preced- 
ing section,  nor  for  any  such  patent  in  which  said  officers  or  employees  may  be 
directly  or  indirectly  interested."  The  preceding  section  referred  to  the  Spring- 
field breech-loading  system. 


MILITARY  LAWS  OP  THE  UNITED  STATES.  323 

864.  Rewards   to   employees. — The   Secretary   of   War   is  hereby 
authorized  to  offer  periodically  at  such  of  the  establishments  of  the 
Ordnance  Department  as  he  may  select  a  cash  reward  for  the  sug- 
gestion, or  series  of  suggestions,  for  an  improvement  or  economy  in 
manufacturing  processes  or  plant,  submitted  within  the  period  by 
one  or  more  employees  of  the  establishment  which  shall  be  deemed 
the  most  valuable  of  those  submitted  and  adopted  for  use:     Pro- 
vided, That  to  obtain  this  reward  the  winning  suggestion  must  be  one 
that  will  clearly  effect  a  material  economy  in  production  or  increase 
efficiency  or  enhance  the  quality  of  the  product  in  comparison  with 
its  cost  and  in  the  opinion  of  the  Secretary  shall  be  so  worthy  as  to 
entitle  the  employee  making  the  same  to  receive  the  reward:  Pro- 
vided  further,  That  the  sums  awarded  to  employees  in  accordance 
with  this  Act  shall  be  paid  them  in  addition  to  their  usual  compensa- 
tion and  shall  constitute  part  of  the  general  or  shop  expense  of  the 
establishment :  Provided  further,  That  the  total  amount  paid  under 
the  provisions  of  this  Act  shall  not  exceed  one  thousand  dollars  for 
any  one  month:  And  provided  further,  That  no  employee  shall  be 
paid  a  reward  under  this  Act  until  he  has  properly  executed  an 
agreement  to  the  effect  that  the  use  by  the  United  States  of  the 
suggestion,  or  series  of  suggestions,  made  by  him  shall  not  form  the 
basis  of  a  further  claim  of  any  nature  upon  the  United  States  by  him, 
his  heirs,  or  assigns,  and  that  application  for  patent  has  not  been 
made  for  the  invention.    Act  of  July  17, 191%  (37  Stat.  193). 

865.  Prohibited  expenditures. — Hereafter  no  money  shall  be  ex- 
pended at  said  armories  in  the  perfection  of  patentable  inventions 
in  the  manufacture  of  arms  by  officers  of  the  Army  otherwise  com- 
pensated for  their  services  to  the  United  States.1    Act  of  Mar.  3, 
1875  (18  Stat.  455). 

BOARD  FOR  TESTING  IRON  AND  STEEL. 

866.  Appointment  of  board — Testing  machine. — For  experiments 
in  testing  iron  and  steel,  including  the  cost  of  any  machine  built  for 

1  Where  a  skilled  mechanic  in  the  Government  employment,  in  the  ordinary 
course  of  his  employment,  with  the  aids  furnished  by  the  Government  and  the 
suggestion  and  advice  of  his  superior  officer,  produces  a  device  upon  which  a 
patent  is  issued,  he  can  not  recover  for  its  use  by  the  Government.  (Eager  v. 
U.  S.,  35  Ct.  Cls.,  556;  Solomon's  Case,  21  id.,  479;  Gill's  Case,  22  id.,  335;  25 
id.,  415.)  When  not  specifically  employed  for  the  purpose,  if  he  m;ikes  nn  in- 
vention he  is  entitled  to  the  benefits  of  the  same.  (U.  S.  v.  Burns,  12  Wai., 
246;  Solomons  v.  U.  S.,  21  Ct.  Cls.,  479-83,  nnd  22  id.,  335;  Solomons  v.  U.  S., 
137  U.  S.,  346;  Gill  v.  U.  S.,  160  U.  S.,  426;  Gill  v.  U.  S.,  25  Ct.  Cls.,  415; 
McAleer  v.  U.  S.,  150  U.  S.,  424;  and  Eager  v.  U.  S.,  35  Ct.  Cls.,  556-568.) 
See,  however,  act  of  June  25,  1910  (36  Stat.  851),  which  authorizes  a  suit 
«i gainst  the  United  States  for  infringement  of  patent  rights  with  the  proviso 
that  the  act  shall  not  "  apply  to  any  device  discovered  or  invented  "  by  an  em- 
ployee of  the  United  States,  "  during  the  time  of  his  employment  or  service." 
While  no  suit  for  infringement  can  be  brought  under  the  statute  in  respect  to 
such  device,  the  statute  stops  short  of  changing  the  law  as  above  stated. 


324  MILITARY  LAWS  OF   THE  UNITED  STATES. 

such  purpose,  the  sum  of  fifty  thousand  dollars  is  hereby  appro- 
priated; and  the  further  sum  of  twenty-five  thousand  dollars  pro- 
vided "  for  improved  machinery  and  instruments  for  testing  Ameri- 
can iron  and  steel"  in  the 'act  entitled  "An  act  making  appropri- 
ations for  the  support  of  the  Army  for  the  year  ending  June  thir- 
tieth, eighteen  hundred  and  seventy-four,"  approved  March  third, 
eighteen  hundred  and  seventy-three,  is  hereby  continued  and  made 
available  for  such  purpose;  and  that  the  President  be,  and  hereby 
is,  authorized  to  appoint  a  board,  to  consist  of  one  officer  of  the 
Engineers  of  the  United  States  Army,  one  officer  of  ordnance  of 
the  United  States  Army,  one  line  officer  of  the  United  States  Navy, 
one  engineer  of  the  United  States  Navy,  and  three  civilians,  who 
shall  be  experts ;  and  it  shall  be  the  duty  of  said  board  to  convene  at 
the  earliest  practicable  moment,  at  such  place  as  may  be  designated 
by  the  President,  for  the  purpose  of  determining,  by  actual  tests,  the 
strength  and  value  of  all  kinds  of  iron,  steel,  and  other  metals 
which  may  be  submitted  to  them  or  by  them  produced,  and  to  pre- 
pare tables  which  will  exhibit  the  strength  and  value  of  said  mate- 
rials for  constructive  and  mechanical  purposes,  and  to  provide  for 
the  building  of  a  suitable  machine  for  establishing  such  tests.  Sec. 
Jh  Act  of  Mar.  3, 1875  (18  Stat.  399). 

867.  Same — Compensation. — No  officers  in  the  pay  of  the  Govern- 
ment shall  be  entitled  to,  or  receive,  any  additional  compensation  by 
reasons  of  any  services  rendered  in  connection  with  this  board;  but 
one  of  the  civil  experts  shall  act  as  secretary  of  the  board,  and  shall 
be  entitled,  under  this  act,  to  such  compensation  as  the  President 
may  deem  proper  and  fit:  Provided,  That  not  more  than  fifteen 
thousand  dollars  of  the  sum  herein  provided  shall  be  used  for  the 
expenses  of  such  board.1    Id. 

868.  Tests  for  private  parties;  fees. — The  Secretary  of  War  is 
hereby  authorized  to  cause  the  machine  built  for  testing  iron  and 
steel  to  be  set  up  and  applied  to  the  testing  of  iron  and  steel  for  all 
persons  who  may  desire  to  use  it,  upon  the  payment  of  a  suitable  fee 
for  each  test;  the  table  of  fees  to  be  approved  by  the  Secretary  of 
War,  and  to  be  so  adjusted  from  time  to  time  as  to  defray  the  actual 
cost  of  the  tests  as  near  as  may  be.    Act  of  June  20,  1878  (20  Stat. 
223) .    That  hereafter  the  tests  of  iron  and  steel  and  other  materials 
for  industrial  purposes  shall  be  continued,  and  report  thereof  shall 
be  made  to  Congress.    Act  of  Mar.  3, 1885  (23  Stat.  502) . 

869.  Same — Use  of  funds. — In  making  tests  for  private  citizens  the 
officer  in  charge  may  require  payment  in  advance,  and  may  use  the 
funds  so  received  in  making  such  private  tests,  making  full  report 

xThe  act  of  March  3,  1873  (17  Stat.  543),  contained  an  appropriation  of 
$25,000  for  "improved  machinery  and  instruments  for  testing  American  iron 
and  steel." 


MILITABY  LAWS  OF   THE  UNITED  STATES.  325 

thereof  to  the  Chief  of  Ordnance;  and  the  Chief  of  Ordnance  shall 
give  attention  to  such  programme  of  tests  as  may  be  submitted  by 
the  American  Society  of  Civil  Engineers,  and  the  record  of  such 
tests  shall  be  furnished  said  society  to  be  by  them  published  at  their 
own  expense.1  Act  of  June  30,  1882  (22  Stat. 


BOARD    OF    ORDNANCE    AND    FORTIFICATION. 

870.  Organization  —  Duties.  —  A  board  to  consist  of  the  commanding 
General  of  the  Army,  an  officer  of  Engineers,  an  officer  of  Ordnance, 
and  an  officer  of  Artillery,  to  be  selected  by  the  Secretary  of  War, 
to  be  called  and  known  as  the  Board  of  Ordnance  and  Fortification  ; 
and  said  Board  shall  be  under  the  direction  of  the  Secretary  of 
War  and  subject  to  his  supervision  and  control  in  all  respects,  and 
shall  have  power  to  provide  suitable  regulations  for  the  inspection 
of  guns  and  materials  at  all  stages  of  manufacture  to  the  extent  nec- 
essary to  protect  fully  the  interests  of  the  United  States,  and  gen- 
erally to  provide  such  regulations  concerning  matters  within  said 
Board's  operations  as  shall  be  necessary  to  carry  out  to  the  best 
advantage  all  duties  committed  to  its  charge.    Act  of  Sept.  22, 
1888  (25  Stat.  489). 

871.  Additional  member-.  —  One  additional  member  shall  be  added 
to  the  said  Board  of  Ordnance  and  Fortification,  who  shall  be  an 
artillery  officer  of  technical  ability  and  experience,  to  be  selected  by 
the  Secretary  of  War.    Act  of  Mar.  1,1901  (31  Stat.  875). 

8T2.  Same.  —  The  Secretary  of  War  is  hereby  authorized  to  appoint 
two  additional  members  for  the  Board  of  Ordnance  and  Fortifica- 
tion, both  of  whom  shall  be  selected  from  the  Artillery  Corps.  Act 
of  Mar.  2,  1901  (31  Stat.  910). 

873.  Additional  civilian  member.  —  One  additional  member  shall 
be  added  to  said  Board  of  Ordnance  and  Fortification  who  shall  be 
a  civilian  and  not  an  exofficer  of  the  Regular  Army  or  Navy,  and  he 
shall  be  nominated  by  the  President,  and,  by  and  with  the  advice 
and  consent  of  the  Senate,  appointed,  and  shall  be  paid  a  salary  of 
five  thousand  dollars  per  annum  and  actual  traveling  expenses  when 
traveling  on  duty.     Act  of  Feb.  24,  1891  (26  Stat.  769). 

874.  Member  interested  in  device.  —  Hereafter  no  person  shall  be 
a  member  of  or  serve  on  said  Board  who  has  been  or  is  in  any  manner 
interested  in  any  invention,  device,  or  patent  which,  or  anything 
similar  to  which,  has  been  considered  or  may  be  considered  by  or 
come  before  said  Board  for  test  or  adoption;  or  who  is  connected 
with  or  in  the  employ  of  any  manufacturer  who  has  or  shall  have 
contracts  with  the  United  States  for  any  ordnance  materials.    Act 
of  Feb.  18,  1893  (27  Stat.  461). 

lrThe  acts  of  March  3,  1883  (22  Stat.  460),  July  5,  1884  (23  Stat.  112).  and 
March  3,  1885  (23  Stat.  502),  contain  a  similar  provision. 


326  MILITARY  LAWS  OF   THE  UNITED  STATES. 

875.  Investigations  and  tests. — To  enable  the  board  to  make  all 
needful  and  proper  purchases,  investigations;  experiments,  and  tests, 
to  ascertain,  with  a  view  to  their  utilization  by  the  Government, 
the  most  effective  guns,  small  arms,  cartridges,  projectiles,  fuzes, 
explosives,  torpedoes,  armor  plates,  and  other  implements  and  en- 
gines of  war;  and  to  purchase  or  cause  to  be  manufactured,  under 
authority  of  the  Secretary  of  War,  such  guns,  carriages,  armor 
plates,  and  other  war  material  as  may,  in  the  judgment  of  said 
Board,  be  necessary  in  the  proper  discharge  of  the  duty  herein  de- 
volved upon  it  by  the  act  approved  September  twenty-second,  eight- 
een hundred  and  eighty-eight.1  *  *  *  [appropriated]  one  hun- 
dred thousand  dollars.  Act  of  May  25, 1900  (31  Stat.  186). 

'The  act  of  September  22,  1888  (25  Stat.  489),  restricts  the  expenditures  of 
the  board  in  respect  to  the  investigations,  tests,  experiments,  etc.,  which  may 
be  carried  on  under  its  direction  under  that  statute,  by  the  requirement  that 
"  the  amount  expended  and  liabilities  incurred  in  such  purchases,  investiga- 
tions, experiments,  and  tests  shall  not  exceed  five  hundred  thousand  dollars, 
which  sum  is  hereby  appropriated  " ;  and  that  "  said  board  shall  test,  and  if 
found  satisfactory,  shall  purchase  two  breech-loading  field  guns  of  three  and 
two-tenths  inch  bore  of  aluminum  bronze." 

By  several  acts  of  appropriation  the  powers  of  the  Board  of  Ordnance  and 
Fortification  have  been  reduced  and  defined.  By  the  act  of  February  24,  1891 
(26  Stat.  767),  the  appropriations  of  the  Engineer  Department  for  gun  and 
mortar  batteries  and  for  sites  of  fortifications  have  been  withdrawn  from  the 
supervision  of  the  board;  by  the  act  of  July  23,  1892  (27  Stat.  260),  all  regular 
appropriations  of  the  Ordnance  Department  for  the  armament  of  fortifications 
were  similarly  withdrawn  from  its  supervision.  See,  also,  the  acts  of  February 
18,  1893  (27  Stat.  461),  August  1,  1894  (28  id.,  215),  March  2,  1895  (id.,  706), 
and  June  6,  1896  (29  id.,  259),  for  similar  provisions  of  statutes  in  which  the 
board  is  specially  charged  with  the  supervision  of  stated  funds  and  with  the 
general  expenditure  of  funds  appropriated  for  experimental  purposes. 

The  act  of  March  2,  1889  (25  Stat.  833),  conferred  authority  upon  the  Board 
of  Ordnance  and  Fortification  "  to  examine  and  report  upon  a  site  or  sites  for 
ordnance  testing  and  proving  ground  to  be  used  in  the  testing  and  proving  of 
heavy  ordnance,  having  in  view  in  the  selection  of  said  site  or  sites  their  ac- 
cessibility by  land  and  water,  means  of  transportation,  and  suitability  for  the 
purpose  intended,  and  also  the  actual  and  reasonable  cost,  and  value  of  the 
land  embraced  in  said  site  or  sites  and  the  least  sum  for  which  the  same  can 
be  procured.  Said  board  shall  report  thereon  to  the  Secretary  of  War,  to  be 
submitted  to  Congress  at  its  next  session;  and  in  case  the  said  board  shall 
select  a  site  or  sites  and  recommend  their  purchase,  the  Secretary  of  War  is 
hereby  authorized  to  secure  written  proposals  for  the  sale  of  the  land  so  recom- 
mended, until  such  time  as  Congress  may  act  upon  the  recommendation  of  said 
board  and  of  the  Secretary  of  War." 

To  enable  the  Secretary  of  War,  in  his  discretion,  to  purchase  the  land  ad- 
joining the  Government  reservation  at  Sandy  Hook,  New  Jersey,  now  belonging 
to  the  grantees  of  the  Highland  Beach  Association  of  New  Jersey,  together 
with  the  right  of  way  from  said  land  to  the  main  line  of  the  Central  Railroad 
Company  of  New  Jersey,  together  with  the  rails,  ties,  switches,  and  all  the 
railroad  equipment  on  said  lands,  twenty-five  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary.  (Act  of  July  23,  1892,  27  Stat.  259.) 

That  the  President  is  hereby  authorized  to  appoint  a  board,  to  consist  of 
three  officers  of  the  Army  and  three  officers  of  the  Navy,  who  shall  examine 
and  report  to  the  Secretary  of  War,  for  transmission  to  Congress  for  its  con- 
sideration, what,  in  their  opinion,  is  the  most  suitable  site  on  the  Pacific  coast, 
or  on  the  rivers  or  other  waters  thereof,  for  the  erection  of  a  plant  for  finish- 
ing and  assembling  the  parts  of  heavy  guns  and  other  ordnance  for  the  use  of 
the  Army  and  Navy.  That  for  the  payment  of  the  necessary  expenses  of  the 
board  to  be  appointed  under  the  foregoing  provisions  the  sum  of  two  thousand 
five  hundred  dollars  is  hereby  appropriated  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated.  (Act  of  July  23,  1892,  27  Stat.  258.) 


MIUTABY  LAWS  OF  THE  UNITED  STATES.  327 

876.  Right  to  use  inventions. — Before  any  money  shall  be  expended 
in  the  construction  or  test  of  any  gun,  gun  carriage,  ammunition,  or 
implements  under  the  supervision  of  the  said  Board,  the  Board  shall 
be  satisfied,  after  due  inquiry,  that  the  Government  of  the  United 
States  has  a  lawful  right  to  use  the  inventions  involved  in  the  con- 
struction of  such  gun,  gun  carriage,  ammunition,  or  implements,  or 
that  the  construction  or  test  is  made  at  the  request  of  a  person  either 
having  such  lawful  right  or  authorized  to  convey  the  same  to  the 
Government.    Act  of  Aug.  1, 1894  (®$  Stat.  215). 

877.  Expenses  of  board. — For  payment  of  the  necessary  expenses  of 
the  Board,  including  a  per  diem  allowance  to  each  officer  detailed 
to  serve  thereon  when  employed  on  duty  away  from  his  permanent 
station,  of  two  dollars  and  fifty,  cents  a  day,     *     *     *      thousand 
dollars.1    Act  of  July  23, 1892  (27  Stat.  260) . 

878.  Appropriation — Expenditure. — For  the  test  of  experimental 
guns,  carriages,  and  other  devices  procured  in  accordance  with  the 
recommendation    of    the    Board    of    Ordnance    and    Fortification, 
*     *     *     dollars,  the  expenditure  of  which  shall  be  made  by  the 
several  bureaus  of  the  War  Department  heretofore  having  jurisdic- 
tion of  the  same,  or  by  the  board  itself,  as  the  Secretary  of  War  may 
direct.    Act  of  Mar.  3, 1909  (35  Stat.  732) . 

HISTORICAL  NOTE. 

The  duties  in  connection  with  the  procurement,  manufacture,  and  supply  of 
cannon,  small  arms,  and  military  stores,  now  performed  by  the  Ordnance  Depart- 
ment, seem  to  have  been  vested  during  the  Revolutionary  period  in  a  purveyor 
of  public  supplies,  an  office  created  by  Congress,  which  ceased  to  exist  at  the 
close  of  the  war.  With  a  view  to  secure  proper  accountability  and  a  more  effi- 
cient administration  in  this  branch  of  the  military  service,  President  Washing- 

*For  a  similar  provision  see  the  acts  of  February  24,  1891  (26  Stat  768)  ; 
July  23,  1892  (27  Stat.  259)  ;  February  18,  1893  (27  Stat  460)  ;  March  2,  1895 
(28  Stat.  706),  and  June  6,  1896  (29  Stat.  259).  The  several  acts  of  appropria- 
tion since  that  of  July  23,  1892,  contain  provisions  for  similar  allowances  to 
each  officer  detailed  to  serve  on  the  Board  of  Ordnance  and  Fortification  when 
on  duty  away  from  his  permanent  station.  The  acts  of  appropriation  since 
that  of  August  4,  1894,  contain  provisions  for  the  necessary  traveling  expenses 
of  the  civilian  member  of  the  board  when  traveling  on  duty  as  contemplated 
in  the  act  of  February  24,  1891. 

This  provision  has  appeared  in  all  subsequent  acts  of  appropriation.  An 
officer  who  is  authorized  to  receive  compensation  "  while  necessarily  employed  " 
only,  must  produce  satisfactory  evidence  of  his  employment,  and  of  the  neces- 
sity therefor,  during  the  period  for  which  he  claims  compensation.  (4  Comp. 
Dec.,  424.)  The  Auditor  is  authorized,  and  it  is  his  duty,  to  require  the  pro- 
duction of  satisfactory  evidence  of  the  time  of  actual  employment  of  an  officer 
who  is  paid  a  per  diem  compensation  or  allowance.  (Id.,  479.) 

The  mileage  of  officers  of  the  Army  traveling  on  duty  connected  with  the 
Board  of  Ordnance  and  Fortification  is  payable  from  the  appropriation  made 
for  the  board  as  a  part  of  the  necessary  expenses  incident  to  the  performance 
of  the  work.  (3  id.,  332.)  Officers  of  the  Army  connected  with  the  Board  of 
Ordnance  and  Fortification,  when  traveling  on  duty,  should  be  furnished  with 
transportation  in  kind  by  the  Quartermaster's  Department,  in  accordance  with 
War  Department  Circular  No.  8,  of  1897,  but  whether  the  requests  for  trans- 
portation addressed  to  the  railroad  companies  should  be  issued  by  the  officers 
of  the  Quartermaster's  Department  exclusively  is  to  be  determined  by  the 
Secretary  of  War.  (Id.,  590.) 


328.  MILITARY  LAWS   OF    THE   UNITED   STATES. 

ton,  on  January  7,  1794,  recommended  to  Congress  that  the  office  of  Purveyor  of 
Public  Supplies  be  created  and  charged  "  with  the  duties  of  receiving,  safe-keep- 
ing, and  distributing  the  public  supplies."  The  office  thus  recommended  was 
established  by  the  act  of  February  23,  1795  (1  Stat.419),  and  continued  to  exist 
until  May  31,  1812,  when,  its  duties  having  been  transferred  to  the  several  de- 
partments of  the  staff,  it  was  abolished.  (Sec.  9,  act  of  Mar.  28,  1812,  2  id.,  696.) 

The  Ordnance  Department,  eo  nomine,  was  established  by  the  act  of  May  14, 
1812  (id.,  732),  and  was  to  consist  of  one  Commissary  General  of  Ordnance,  an 
assistant  commissary  general,  four  deputy  commissaries,  and  as  many  assistant 
deputy  commissaries,  not  exceeding  eight,  as  the  President  might  deem  necessary. 
The  Commissary  General  of  Ordnance  was  to  have  the  rank  and  pay  of  colonel, 
the  assistant  commissary  general  that  of  lieutenant  colonel,  the  deputy  commis- 
saries that  of  major,  and  the  assistant  deputy  commissaries  that  of  captain.  By 
the  act  of  February  8,  1815  (3  id.,  203),  the  department  was  reorganized,  its 
duties  were  defined,  and  its  strength  fixed  at  one  colonel,  one  lieutenant  colonel, 
two  majors,  ten  captains,  ten  first  lieutenants,  and  as  many  enlisted  men,  to 
serve  as  armorers,  blacksmiths,  wheelwrights,  artificers,  etc.,  as  the  Secretary  of 
War  might  deem  necessary ;  by  the  same  enactment  the  supervision  of  the  sev- 
eral armories,  magazines,  and  arsenals  was  vested  in  the  Ordnance  Department. 

By  section  4  of  the  act  of  March  2,  1821  (3  id.,  283),  the  Ordnance  Department 
was  merged  in  the  artillery,  one  captain  being  added  to  each  regiment  of  artil- 
lery for  ordnance  duty.  Although  the  department  ceased  to  exist,  for  the  time, 
as  a  separate  establishment,  the  duties  pertaining  to  the  ordnance  service  seem 
to  have  continued  to  be  performed  by  officers  of  artillery  detailed  for  the  pur- 
pose. By  the  act  of  April  5,  1830  (4  id.,  504),  the  Ordnance  Department  was 
reconstituted,  with  the  following  commissioned  strength:  One  colonel,  one 
lieutenant  colonel,  two  majors,  ten  captains,  with  the  pay  and  allowances  of 
artillery  officers  of  corresponding  grades,  and  as  many  enlisted  men  as  might  be 
required,  not  to  exceed  250.  By  section  2  of  the  act  of  April  5,  1830,  the  grade 
of  ordnance  sergeant  was  established,  the  number  authorized  to  be  appointed  be- 
ing restricted  to  one  for  each  military  post.  By  section  13  of  the  act  of  July  5, 
1838  (5  id.,  256),  the  President  was  authorized  to  add  two  majors  to  the  depart- 
ment "when  he  may  deem  it  expedient  to  increase  the  same;"  he  was  also 
authorized  to  transfer  ten  first  lieutenants  and  ten  second  lieutenants  to  the  de- 
partment from  the  artillery;  by  the  act  of  July  7,  1838  (id.,  308),  the  number  of 
lieutenants  thus  authorized  to  be  transferred  was  reduced  to  twelve.  The  act  of 
July  5,  1838,  placed  officers  of  ordnance  on  the  same  footing  in  respect  to  pay 
and  allowances  as  officers  of  dragoons.  By  section  16  of  the  act  of  March  3, 
1847  (9  id.,  184),  the  President  was  authorized  to  add  to  the  department,  under 
the  conditions  set  forth  in  the  statute  last  cited,  two  captains  and  six  first  lieu- 
tenants. By  section  3  of  the  act  of  August  3,  1861  (12  id.,  287),  a  chief  of  ord- 
nance, with  the  rank  and  pay  of  Quartermaster  General  (brigadier  general),  one 
colonel,  one  lieutenant  colonel,  and  six  second  lieutenants  were  added  to  the 
establishment.  By  section  4  of  the  act  of  March  3,  1863  (id.,  743),  one  lieuten- 
ant colonel,  two  majors,  eight  captains,  and  eight  first  lieutenants  were  added ; 
the  appointments  to  be  made  by  promotion  "  as  far  as  the  present  Ordnance 
Corps  will  permit,  and  the  residue  to  be  appointed  by  transfer  from  other  regi- 
ments and  corps  of  the  Army;"  by  this  statute  examinations  were  required  in 
ajl  grades  below  that  of  field  officer  as  a  condition  precedent  to  promotion. 

By  section  21  of  the  act  of  July  28,  1866  (14  id.,  335),  the  peace  strength  of 
the  department  was  fixed  at  one  brigadier-general,  three  colonels,  four  lieu- 
tenant-colonels, ten  majors,  twenty  captains,  sixteen  first  lieutenants,  and  ten 
second  lieutenants ;  sixteen  ordnance  storekeepers  were  also  added  to  the 
establishment.  Section  6  of  the  act  of  March  3,  1869  (15  id.,  318),  contained 
the  requirement  that  there  should  be  no  promotions  or  appointments  in  the  sev- 
eral staff  corps  until  otherwise  directed  by  law;  but  this  restriction  was  re- 
moved as  to  the  Ordnance  Department  by  the  act  of  June  23,  1874  (18  id.,  244), 
which  reorganized  the  department  with  an  authorized  strength  of  one  brigadier- 
general,  three  colonels,  four  lieutenant-colonels,  ten  majors,  twenty  captains, 
and  sixteen  first  lieutenants,  and  provided  that  all  vacancies  in  the  grade  of 
first  lieutenant  should  be  filled  by  transfer  from  the  line  of  the  Army,  subject 
to;  the  ..examination  therein  prescribed.  The  examination  for  promotion,  first 
required  by  the  act  of  March  3,  1863,  was  extended  in  its  scope  by  the  act  of 
June  23,  1874,  so  as  to  require  that  "  no  appointment  or  promotion  in  said 
department ,  shall  hereafter  be  made  until  the  officer  so  appointed  or  promoted 
shall  have  passed  a  satisfactory  examination  before  a  board  of  ordnance  officers 
sinior  to  himself."  By  the  act  of  July  7,  1898  (30  Stat.  720),  the  composition 


MILITARY  LAWS  OF  THE  UNITED  STATES.  329 

of  the  Ordnance  Department  was  fixed  at  one  brigadier-general,  four  colonels, 
five  lieutenant-colonels,  twelve  majors,  twenty-four  captains,  and  twenty  first 
lieutenants. 

By  section  23  of  the  act  of  February  2,  1901  (31  Stat.  754).  the  strength  of 
the  Ordnance  Department  was  fixed  at  one  chief  of  ordnance  with  the  rank  of 
brigadier-general,  four  colonels,  six  lieutenant-colonels,  twelve  majors,  twenty- 
four  captains,  and  twenty-four  first  lieutenants,  together  with  the  enlisted  men, 
including  ordnance-sergeants,  already  authorized  by  law.  A  system  of  details 
was  also  provided  by  the  operation  of  which  the  permanent  commissioned  per- 
sonnel of  the  department  will  be  gradually  replaced,  as  vacancies  occur,  by 
officers  detailed  from  the  line  of  the  Army  for  duty  in  the  Ordnance  Department. 

By  act  of  June  25,  1906  (34  Stat.  455),  the  strength  of  the  Ordnance  Depart- 
ment was  fixed  at  one  Chief  of  Ordnance  with  the  rank  of  brigadier-general, 
six  colonels,  nine  lieutenant-colonels,  nineteen  majors,  twenty-five  captains; 
twenty-five  first  lieutenants ;  and  the  enlisted  men  authorized  by  the  existing  law, 
and  it  was  provided  that  details  thereto  may  be  made  from  the  Arniy  at  large 
"  from  the  grade  in  which  the  vacancy  exists  or  from  the  grade  below,"  sub- 
ject to  the  limitations  prescribed  therein.  And  by  the  act  of  March  3,  1909  (35 
Stat.  751)  the  rank  of  officers  serving  by  detail  in  the  Ordnance  Department  in 
their  respective  grades  was  refer  reft  to  the  "  dates  of  their  rank  under  the 
original  detail  in  said  grades." 


CHAPTER    XXII. 


THE  SIGNAL  CORPS. 


Par. 
Organization 879 

Same — increase 880 

Chief  of  telegraph  and  cipher  bureau  881 

Appropriation  for  support 882 

Moneys  from  sales  to  replace  supplies.  885 
Appointments;  promotions;  details.  884- 

889 

Examinations 884 

Promotions ;  seniority 885 

Same 886 

Details 887 

Same 888 

Aviation  details 889 

Enlisted  force 890-893 

Composition 890 


Par. 

Enlisted  force — Continued. 

Same — increase 891 

Same — increase  in  war  time 892 

Signal  Office 893-895 

Chief  Signal  Officer— duties 893 

Same — regulations 894 

Skilled  draftsmen,  etc 895 

Military  telegraph  lines 896-900 

Construction;  repair,  operation..  896 
In  Alaska;  commercial  business.  897 

Receipts 898 

Betterments 899 

Willful  injury,  etc.— penalty 900 

Property  returns 901 


879.  Organization. — The  Signal  Corps  shall  consist  of  one  Chief 
Signal  Officer  with  the  rank  of  brigadier-general,  one  colonel,  one 
lieutenant-colonel,  four  majors,  fourteen  captains,  fourteen  first  lieu- 
tenants,1 eighty  first-class  sergeants,  one  hundred  and  twenty  ser- 
geants, one  hundred  and  fifty  corporals,  two  hundred  and  fifty  first- 
class  privates,  one  hundred  and  fifty  second-class  privates,  and  ten 
cooks.    Sec.  24,  Act  of  Feb.  2, 1901  (31  Stat.  764). 

880.  Same — Increase. — There  shall  be  added  to  the  Signal  Corps 
of  the  Army,  as  now  authorized  by  law,  one  lieutenant-colonel,  two 
majors,  four  captains,  and  four  first  lieutenants.     Act  of  Mar.  £, 
1903  (32  Stat.  932}. 

881.  Chief  of  telegraph  and  cypher  bureau. — That  the  President 
be,  and  is  hereby,  authorized  to  appoint,  by  and  with  the  advice  and 
consent  of  the  Senate,  an  officer  of  the  Signal  Corps  as  chief  of  the 
telegraph  and  cipher  bureau  of  the  Executive  Office,  who  shall  have, 
while  so  serving,  the  rank,  pay,  and  allowances  of  a  major.2     Id. 

Section  24  of  the  act  of  February  2,  1901  (31  Stat.  754),  contains  a  proviso 
to  the  effect  that  "  vacancies  created  or  caused  by  this  section  shall  be  filled 
by  promotion  of  officers  of  the  Signal  Corps  according  to  seniority,  as  now  pro- 
vided by  law.  Vacancies  remaining  after  such  promotions  may  be  filled  by 
appointment  of  persons  who  have  served  in  the  Volunteer  Signal  Corps  since 
April  twenty-first,  eighteen  hundred  and  ninety-eight." 

3  But  one  officer  was  ever  appointed  to  this  office,  and  on  his  retirement  the 
office  was  allowed  to  lapse. 

331 


332  MILITAEY  LAWS  OF   THE  UNITED  STATES. 

882.  Appropriations  for  support. — On  and  after  July  first,  eight- 
een hundred  and  ninety-one,  the  appropriations  for  the  support  of 
the  Signal  Corps  of  the  Army  shall  be  made  with  those  of  other 
staff  corps  of  the  Army.    Sec  9,  Act  of  Oct.  1, 1890  (26  Stat.  653) . 

883.  Moneys  from  sales  to  replace  supplies  and  equipment. — Here- 
after all  moneys  arising  from  the  disposition  of  serviceable  Signal 
Corps  supplies  and  equipment,  authorized  by  law  and  regulations, 
shall  constitute  one  fund  on  the  books  of  the  Treasury  Department 
and  be  available  during  the  fiscal  year  in  which  their  disposition 
was  effected  and  the  year  following,  for  the  replacement  of  Signal 
Corps  supplies  and  equipment.    Act  of  Apr.  27, 1914  (38  Stat.  361). 

APPOINTMENTS;  PROMOTIONS;  DETAILS. 

884.  Examinations. — All  appointments  and  promotions  in  the  Sig 
nal  Corps    *     *     *     shall  be  made  after  examination  and  approval 
under  sections  twelve  hundred  and  six  and  twelve  hundred  and 
seven  of  the  Revised  Statutes,  which  are  hereby  amended  so  as  to 
be  applicable  to  and  to  provide  for  the  promotion  of  the  lieutenants 
of  the  Signal  Corps  in  the  same  manner  as  they  now  apply  to  the 
Corps  of  Engineers  and  the  Ordnance  Corps.1    Sec.  7,  Act  of  Oct.  1, 
1890  (26  Stat.  653). 

885.  Promotions — Seniority. — So  long  as  there  remain  any  officers 
holding  permanent  appointments   in  the    *     *     *     Signal   Corps, 
including  those  appointed  to  original  vacancies  in  the  grades  of 
captain  and  first  lieutenant  as  provided  in  sections  sixteen,  seventeen, 
twenty-one,  and  twenty-four  of  this  act,  they  shall  be  promoted 
according  to  seniority  in  the  several  grades,  as  now  provided  by 
law,  and  nothing  herein  contained  shall  be  deemed  to  apply  to 
vacancies  which  can  be  filled  by  such  promotions  or  to  the  periods 
for  which  the  officers  so  promoted  shall  hold  their  appointments. 
Sec.  26,  Act  of  Feb.  2, 1901  (31  Stat.  755). 

886.  Same. — The  vacancies  thus  created  or  caused  shall  be  filled 
first  by  the  promotion  of  officers  of  the  Signal  Corps,  according  to 
seniority,  and  thereafter  by  details  from  the  line  of  the  Army.2 
Act  of  Mar.  2, 1903  (32  Stat.  932). 

887.  Details. — When  any  vacancy,  except  that  of  the  chief  of  the 
department  or  corps,  shall  occur  which  can  not  be  filled  by  promo- 
tion as  provided  in  this  section,  it  shall  be  filled  by  detail  from  the 
line  of  the  Army.8    Sec.  26,  Act  of  Feb.  2, 1901  (31  Stat.  755). 

1TMs  clause  regulates  the  promotion,  after  examination,  of  officers  holding 
permanent  appointments  in  the  Signal  Corps. 

'The  clause  relating  to  the  transfer  of  officers  of  the  line  to  the  Signal 
Corps  was  repealed  by  the  act  of  February  2,  1901.  Appointments  to  original 
vacancies  created  or  caused  by  that  enactment  are  governed  by  the  requirements : 
of  section  24  of  said  act  of  February  2, 1901. 

*  See  paragraph  884. 


MILITARY  LAWS  OF   THE  UNITED  STATES.  333 

888.  Same. — Such  details  shall  be  made  from  the  grade  in  which 
the  vacancies  exist,  under  such  system  of  examination  as  the  Presi- 
dent may  from  time  to  time  prescribe.    Id. 

889.  Aviation  details. — From  and  after  the  passage  and  approval 
of  this  Act  the  pay  and  allowances  that  are  now  or  may  be  here- 
after fixed  by  law  for  officers  of  the  Regular  Army  shall  be  in- 
creased thirty-five  per  centum  for  such  officers  as  are  now  or  may  be 
hereafter  detailed  by  the  Secretary  of  War  on  aviation  duty:  Pro- 
vided, That  this  increase  of  pay  and  allowances  shall  be  given  to 
such  officers  only  as  are  actual  flyers  of  heavier  than  air  craft,  and 
while  so  detailed :  Provided  further,  That  no  more  than  thirty  officers 
shall  be  detailed  to  the  aviation  service:  Provided  further,  That 
paragraph  two  of  section  twenty -six  of  an  Act  of  Congress  approved 
February  second,  nineteen  hundred  and  one,  entitled  "An  Act  to 
increase  the  efficiency  of  the  permanent  military  establishment  of 
the  United  States,"  shall  not  limit  the  tour  of  detail  to  aviation  duty 
of  officers  below  the  grade  of  lieutenant  colonel:  Provided  further, 
That  nothing  in  this  provision  shall  be  construed  to  increase  the 
total  number  of  officers  now  in  the  Regular  Army.    Act  of  Mar.  2, 
1913  (37  Stat.  705). 

ENLISTED  FORCE. 

890.  Composition. — Tno  Signal  Corps  shall  consist  of     *     *     * 
eighty  first- class  sergeants,1  one  hundred  and  twenty  sergeants,  one 
hundred  and  fifty  corporals,  two  hundred  and  fifty  first-class  pri- 
vates, one  hundred  and  fifty  second-class  privates,  and  ten  cooks. 
Sec.  24,  Act  of  Feb.  2, 1901  (31  Stat.  754). 

891.  Same — Increase. — Hereafter  second-class  privates  of  the  Sig- 
nal Corps  shall  be  designated  as  privates,  with  the  same  pay  and 
alowances  as  now  allowed  by  law  to  second-class  privates.     Fifty 
first-class  sergeants  may  be  temporarily  added  to  the  Signal  Corps 
for  service  in  the  Philippine  Islands  and  Alaska;  such  additional 
force,  or  part  thereof,  to  be  continued  only  as  long  as  in  the  opinion 
of  the  Secretary  of  War  (or  the  President)  it  may  be  necessary  for 
the  efficiency  of  the  Army.     Act  of  June  30, 1902  (32  Stat.  509). 

892.  Same — Increased  in  war  time. — In  time  of  war  there  shall  be 
added  to  the  Signal  Corps  of  the  Army  ten  corporals  and  one  hun- 

*The  Army  appropriation  act  of  April  23,  1904  (33  Stat.  261),  made  provision 
for  an  increase  of  the  enlisted  men  of  the  Signal  Corps;  and  the  current  ap- 
propriation act  (act  of  Mar.  2,  1913,  37  Stat.  707),  provides  for  a  further  in- 
crease— the  number  authorized  being  as  follows: 

"  Forty-two  master  signal  electricians,  at  $900  each ;  135  first-class  sergeants, 
at  $540  each;  144  sergeants,  at  $36  per  month  each;  24  cooks,  at  $30  per  month 
each:  150  corporals,  at  $24  per  month  each;  552  first-class  privates,  at  $18  per 
month  each ;  168  privates,  at  $15  per  month  each."  Provision  is  also  made  for 
additional  pay  to  12  sergeants  serving  as  mess  sergeants,  at  $6  per  month  each, 
and  for  additional  pay  for  length  of  service. 


334  MILITARY  LAWS  OF   THE   UNITED  STATES. 

dred  first-class  privates,  who  shall  have  the  pay  and  allowances  of 
engineer  troops  of  the  same  grade.  Sec.  3,  Act  of  Apr.  26  1898  (SO 
Stat.365). 

SIGNAL  OFFICE. 

893.  Chief  Signal  Officer— Duties.— -The  Chief  Signal  Officer  shall 
have  charge,  under  the  direction  of  the  Secretary  of  War,  of  all 
military  signal  duties,  and  of  books,  papers,  and  devices  connected 
therewith,   including  telegraph   and   telephone   apparatus   and   the 
necessary  meteorological  instruments  for  use  on  target  ranges,  and 
other  military  uses;  the  construction,  repair,  and  operation  of  mili- 
tary telegraph  lines,  and  the  duty  of  collecting  and  transmitting 
information  for  the  Army  by  telegraph  or  otherwise,  and  all  other 
duties  usually  pertaining  to  military  signaling;  and  the  operations 
of  said  corps  shall  be  confined  to  strictly  military  matters.1    Sec.  #, 
Act  of  Oct.  1, 1890  (26  Stat.  653). 

894.  Same — Regulations. — The  Chief  Signal  Officer,  subject  to  the 
approval  of  the  Secretary  of  War,  is  hereby  authorized  and  directed 
to  draw  up  and  enforce  in  his  Bureau  a  system  of  rules  and  regula- 
tions for  the  government  of  the  Signal  Bureau,  and  of  all  persons 
in  said  Bureau,  and  for  the  safe-keeping  and  preservation  of  all  Sig- 
nal Service  property  of  every  kind,  and  to  direct  and  prescribe  the 
kind,  number,  and  form  of  all  returns  and  reports,  and  to  enforce 
compliance  therewith.    Act  of  Oct.  1%,  1888  (25  Stat.  552). 

895.  Skilled  draftsmen^  etc. — The  services  of  skilled  draftsmen  and 
such  other  services  as  the  Secretary  of  War  may  deem  necessary  may 
be  employed  only  in  the  Signal  Office  to  carry  into  effect  the  various 
appropriations  for  fortifications  and  other  works  of  defense,  to  be  paid 
from  such  appropriations,  in  addition  to  the  foregoing  employees 
appropriated  for  in  the  Signal  Office :  Provided,  That     *     *     *     the 
Secretary  of  War  shall  each  year  in  the  annual  estimates,  report  to 
Congress  the  number  of  persons  so  employed,  their  duties,  and  the 
amount  paid  to  each.2    Act  of  Mar.  ^  1913  (37  Stat.  764). 

*The  act  of  October  1,  1890  (26  Stat.  653),  contained  the  requirement  that 
"  the  civilian  duties  now  performed  by  the  Signal  Corps  of  the  Army  shall  here- 
after devolve  upon  a  bureau  to  be  known  as  the  Weather  Bureau,  which,  on  and 
after  July  first,  eighteen  hundred  and  ninety-one,  shall  be  established  in  and 
attached  to  the  Department  of  Agriculture,  and  the  Signal  Corps  of  the  Army 
shall  remain  a  part  of  the  Military  Establishment  under  the  direction  of  the 
Secretary  of  War,  and  all  estimates  for  its  support  shall  be  included  with  other 
estimates  for  the  support  of  the  Military  Establishment."  Section  4  of  this 
enactment,  which  authorized  the  detail  of  officers  of  the  Signal  Corps  in  the 
Weather  Bureau  of  the  Department  of  Agriculture,  was  repealed  by  joint  resolu- 
tion No.  57,  of  July  8,  1898  (30  Stat.  752).  This  enactment  finally  severed  the 
statutory  connection  of  this  corps  with  the  Weather  Bureau. 

a  This  provision  has  appeared  annually  in  the  legislative,  executive,  and 
judicial  appropriation  act. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  335 

MILITARY   TELEGRAPH    LINES. 

896.  Construction — Repair — Operation. — The  Chief  Signal  Officer 
shall  have  charge,  under  the  direction  of  the  Secretary  of  War,  of 
*     *     *     the  construction,  repair,  and  operation  of  all  military  tele- 
graph lines.1    Sec.  8,  Act  of  Oct.  1, 1890  (26  Stat.  653). 

897.  In  Alaska — Commercial  business. — For  the  purpose  of  con- 
necting  headquarters,   Department   of  Alaska,   at    Saint   Michael, 
by  military  telegraph  and  cable  lines  with  other  military  stations  in 
Alaska,  four  hundred  and  fifty  thousand  five  hundred  and  fifty  dol- 
lars: Provided,  That  commercial  business  may  be  done  over  these 
military  lines  under  such  conditions  as  may  be  deemed,  by  the  Secre- 
tary of  War,  equitable  and  in  the  public  interests,  all  receipts  from 
such  commercial  business  shall  -be  accounted  for  and  paid  into  the 
Treasury  of  the  United  States,  and  that  the  sum  hereby  appropri- 
ated shall  be  immediately  available :  Provided  further.  That  no  tele- 
graph or  cable  lines  owned  or  operated  or  controlled  by  persons  not 
citizens  of  the  United  States,  or  by  any  foreign  corporation  or  gov- 
ernment, shall  be  established  in  or  permitted  to  enter  Alaska.    Act 
of  May  26,  1900  (31  Stat.  206). 

898.  Receipts. — After  the  first  day  of  July,  eighteen  hundred  and 
eighty-three,  all  moneys  received  for  the  transmission  of  private  dis- 
patches over  any  and  all  telegraph  lines  owned  or  operated  by  the 
United  States  shall  be  paid  into  the  Treasury  of  the  United  States, 
as  required  by  section  thirty-six  hundred  and  seventeen  of  the  Ke- 
vised  Statutes;  and  all  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  repealed.2    Act  of  Mar.  3, 1883  (22  Stat.  616) . 

899.  Betterments. — That  of  the  receipts  of  the  Washington-Alaska 
Military  Cable  and  Telegraph  System  that  have  been  covered  into 
the  Treasury  of  the  United  States,  the  sum  of  one  hundred  and 
ninety  thousand  dollars  be,  and  the  same  is  hereby,  made  available 
until  expended  for  defraying  the  cost  of  such  extensions  and  better- 
ments of  the  system  as  may  be  approved  by  the  Secretary  of  War, 
the  extent  of  such  extensions  and  the  cost  thereof  to  be  reported  to 

"The  act  of  October  1,  1890  (26  Stat.  653),  which  places  the  Chief  Signal 
Officer  in  charge  of  "  the  construction,  repair,  and  operation  of  military  tele- 
graph lines,"  repealed  the  act  of  August  7,  1882  (22  Stat.  319),  which  vested 
the  supervision  of  the  construction  and  operation  of  military  telegraph  lines 
in  department  commanders. 

2  The  act  of  March  3,  1875,  contained  a  provision  authorizing  the  Secretary  of 
War  "to  pay  the  expenses  of  operating  and  keeping  in  repair  the  said  tele- 
graph lines  out  of  any  money  received  for  dispatches  sent  over  said  lines;  any 
balance  remaining  after  the  payment  of  such  expenses  to  be  covered  into  the 
Treasury  as  a  miscellaneous  receipt;  the  money  received  in  any  one  fiscal  year 
to  be  used  only  in  payment  for  the  expenses  of  that  year.  And  a  full  report 
of  the  receipts  and  expenditures  in  connection  with  the  said  telegraph  lines 
shall  be  made  quarterly  to  the  Secretary  of  War,  through  the  Chief  Signal 
Officer.  And  the  Chief  Signal  Officer  shall  have  the  charge  and  control  of  said 
lines  of  telegraph  in  the  construction,  repair,  and  operation  of  the  same." 


336  MILITABY  LAWS  OF   THE  UNITED  STATES. 

Congress  by  the  Secretary  of  War:  Provided  further,  That  here- 
after detailed  estimates  shall  be  submitted  to  Congress  for  any  fur- 
ther extension  of  the  cable  or  telegraph  lines  in  the  district  of 
Alaska.  Act  of  Mar.  2, 1907  (34  Stat.  1159). 

900.  Willful  injury,  etc. — Penalty. — Whoever  shall  willfully  or 
maliciously  injure  or  destroy  any  of  the  works,  property,  or  material 
of  any  telegraph,  telephone,  or  cable  line,  or  system,  operated  or 
controlled  by  the  United  States,  whether  constructed  or  in  process 
of  construction,  or  shall  willfully  or  maliciously  interfere  in  any 
way  with  the  working  or  use  of  any  such  line,  or  system,  or  shall 
willfully  or  maliciously  obstruct,  hinder,  or  delay  the  transmission 
of  any  communication  over  any  such  line,  or  system,  shall  be  fined 
not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than 
three  years,  or  both.    Sec.  60,  Act  of  Mar.  Jf,  1909,  Criminal  Code 
(35  Stat.  1099). 

901.  Property  returns. — From  and  after  the  passage  of  this  act, 
every  officer  of  the  Signal  Corps,  every  noncommissioned  officer  or 
private  of  the  Signal  Corps,  and  all  other  officers,  agents,  or  persons 
who  now  have  in  possession,  or  may  hereafter  receive  or  may  be 
intrusted  with  any  stores  or  supplies,  shall,  quarterly  or  more  often, 
if  so  directed,  and  in  such  manner  and  on  such  forms  as  may  be 
prescribed  by  the  Chief  Signal  Officer,  make  true  and  correct  returns 
to  the  Chief  Signal  Officer  of  all  Signal  Service  property  and  all 
other  supplies  and  stores  of  every  kind  received  by  or  intrusted  to 
them  and  each  of  them,  or  which  may,  in  any  manner,  come  into 
their  and  each  of  their  possession  or  charge.    Act  of  Oct.  12,  1888 
(25  Stat.  552). 

HISTORICAL   NOTE. 

The  office  of  Signal  Officer  of  the  Army,  with  the  rank  of  major  of  cavalry, 
was  established  by  the  act  of  June  21,  1860  (12  Stat.  66).  By  section  17  of  the 
act  of  March  3,  1863  (id.,  753),  a  signal  corps  was  created  to  consist  of  a 
Chief  Signal  Officer  with  the  rank  of  colonel,  one  lieutenant  colonel,  two  majors 
who  were  to  be  inspectors,  and,  for  each  army  corps  or  military  department, 
one  captain  and  as  many  lieutenants,  not  exceeding  eight,  as  the  President 
might  deem  necessary.  The  officers  thus  provided  for  were  to  receive  the 
mounted  pay  of  their  grades,  and  were  to  continue  in  service  during  the  pend- 
ency of  the  existing  rebellion.  For  each  officer  authorized  by  the  act  of  March 
3,  1863,  one  sergeant  and  six  privates  were  to  be  detailed  from  the  volunteer 
armies,  who  were  to  receive  the  pay  and  allowances  of  enlisted  men  of  engi- 
neers. Eligibility  for  appointment  and  detail  were  to  be  determined,  in  part, 
by  prior  faithful  service  in  the  acting  signal  corps,  and  were  conditioned  in 
all  cases,  upon  the  successful  passage  of  a  preliminary  examination. 

A  permanent  signal  corps  was  added  to  the  military  establishment  by  section 
22  of  the  act  of  July  28,  1866  (12  Stat.  335)  (which  was  embodied  in  the  Re- 
vised Statutes  as  sections  1165,  1166,  and  1167).  It  was  to  consist  of  a  Chief 
Signal  Officer,  with  the  rank  of  colonel  of  cavalry,  and  of  six  officers  of  the 
line,  detailed  for  signal  duty,  and  one  hundred  enlisted  men,  detailed  from  the 
battalion  of  engineers ;  these  details  were  to  be  conditioned  upon  the  successful 
passage  of  a  preliminary  examination,  and  the  officers,  while  so  detailed,  were 
lo  receive  mounted  pay.  By  the  act  of  March  3,  1871  (16  id.,  520),  certain 
duties  in  connection  with  the  observation  and  report  of  storms  were  assigned 
to  the  department.  By  the  act  of  June  18,  1878  (20  id.,  146),  the  number  of 


MILITARY   LAWS   OF    THE   UNITED   STATES.  337 

enlisted  men,  hitherto  fixed  by  Executive  regulation,  was  established  at  four 
hundred  and  fifty,  and  by  the  act  of  June  20,  1878  (id.,  219),  the  enlisted  force 
or  the  department  was  fixed  at  one  hundred  and  ftfty  sergeants,  thirty  corporals, 
and  two  hundred  and  seventy  privates,  who  were  to  receive  the  pay  and  allow- 
ances of  enlistee,  men  of  corresponding  grades  in  the  battalion  of  engineers.  By 
this  enactment  extra-duty  pay  was  prohibited,  and  the  commissioned  force  of 
the  department  was  increased  by  the  annual  appointment  of  two  second  lieu- 
tenants, who  were  to  be  selected  from  the  grade  of  sergeant.  By  the  act  of 
June  16,  1880  (21  id.,  267),  the  rank  of  brigadier  general  was  conferred  upon 
the  Chief  Signal  Officer,  and  the  number  of  privates  was  increased  to  three 
hundred  and  twenty;  by  the  act  of  August  4,  1886  (24  id.,  247),  the  number  of 
second  lieutenants  was  limited  to  sixteen,  the  school  of  instruction  at  Fort 
Myer,  Va.,  was  abolished,  and  the  Secretary  of  War  was  authorized  to  detail 
five  commissioned  officers  of  the  Army  for  signal  duty,  this  number  to  be  in 
addition  to  the  second  lieutenants  already  authorized  by  law ;  this  requirement 
was  repeated  in  the  acts  of  October  2,  1888  (26  id.,  537),  and  March  2,  1889 
(id.,  969),  by  which  enactments  the  namber  of  second  lieutenants  was  reduced 
to  fourteen. 

By  the  act  of  October  1,  1890  (26  Stat.  653),  the  Weather  Service  was  trans- 
ferred to  the  Department  of  Agriculture  and  the  strength  of  the  Signal  Corps 
was  established  at  one  Chief  Signal  Officer  (brigadier  general),  one  major,  four 
captains,  and  four  first  lieutenants  mounted,  and  fifty  sergeants  who  were  to 
have  the  pay  and  allowances  of  hospital  stewards.  The  second  lieutenants  not 
selected  for  appointment  as  first  lieutenants  were  to  be  transferred  to  the  line 
of  the  Army.  By  the  act  of  August  6,  1894,  the  department  was  reorganized, 
the  reorganization  to  take  effect  upon  the  occurrence  of  a  vacancy  in  the  office 
of  Chief  Signal  Officer,  when  the  corps  was  to  consist  of  one  colonel,  one  lieu- 
tenant colonel,  one  major,  three  captains,  and  three  first  lieutenants;  by  the 
act  of  March  2,  1897  (29  id.,  611),  the  promotions  provided  for  in  the  act  of 
August  6,  1894.  were  authorized  to  be  made.  By  section  2  of  the  act  of  May  18, 
1898  (30  id.,  417),  and  joint  resolution  No.  53,  of  July  8,  1898  (id.,  749),  a 
volunteer  Signal  Corps  was  authorized,  to  consist  of  one  colonel,  one  lieutenant 
colonel,  one  major,  as  disbursing  officer,  and  such  other  officers  and  men  as 
might  be  required,  not  exceeding  one  lieutenant  colonel  for  each  army  corps, 
and  two  captains,  two  first  lieutenants,  five  first-class  sergeants,  ten  sergeants, 
ten  corporals,  and  thirty  first-class  privates  to  each  organized  division  of  troops, 
a  certain  proportion  of  whom  were  to  be  skilled  electricians  or  telegraph  oper- 
tors. 

By  section  24  of  the  act  of  February  2,  1901  (31  Stat.  754),  the  permanent 
strength  of  the  Signal  Corps  was  fixed  at  one  Chief  Signal  Officer  with  the  rank 
of  brigadier  general,  one  colonel,  one  lieutenant  colonel,  four  majors,  fourteen 
captains,  fourteen  first  lieutenants,  eighty  first-class  sergeants,  one  hundred  and 
twenty  sergeants,  one  hundred  and  fifty  corporals,  two  hundred  and  fifty  first- 
class  privates,  one  hundred  and  fifty  second-class  privates,  and  ten  cooks;  and 
a  system  of  detail  was  estabJished  by  the  operation  of  which  the  permanent 
commissioned  personnel  of  the  department  will  be  gradually  replaced,  as  vacan- 
cies occur,  by  officers  detailed  from  the  line  of  the  Army  for  duty  in  the  Signal 
Department. 

By  act  of  March  2,  1903  (32  Stat.  932),  there  was  added  to  the  commissioned 
force  one  lieutenant  colonel,  two  majors,  four  captains,  and  four  first 
lieutenants,  and  the*  enlisted  force  has  been  increased  as  stated  in  note  to 
paragraph  880,  ante. 

48985°— 15 22 


CHAPTER  XXIII. 


CHAPLAINS. 


Par. 

Appointment 902-904 

Appointment 902 

Additional  appointments 903 

One  for  Corps  of  Engineers. . . 904 

Qualifications 905-907 

Qualifications 905 

Same 906 

Same 907 

Rank  and  status 908-913- 

Rank  and  status 908 

Promotion..  .  909 


Par 

Rank  and  status — Continued. 

Designation 910 

Effect  of  act 911 

Assignment 912 

Transfers  and  transportation 913 

Duties 914-917 

Duties 914 

Same — instruction 915 

Same — reports 916 

Facilities  for  duties...  .917 


CHAPLAINS. 

902.  Appointment. — The  President  is  authorized  to  appoint,  by  and 
with  the  advice  and  consent  of  the  Senate,  chaplains  in  the  Army,  at 
the  rates  of  one  for  each  regiment  of  cavalry  and  infantry  in  the 
United  States  service,  and  twelve  for  the  corps  of  artillery,  with  the 
rank,  pay,  and  allowances  of  captains  of  infantry.1    Sec.  12,  Act  of 
Feb.  2, 1901  (31  Stat.  750). 

903.  Same. — In  addition  to  the  chaplains  now  authorized  for  the 
Artillery  Corps  the  President  is  authorized  to  appoint,  by  and  with 
the  advice  and  consent  of  the  Senate,  and  subject  to  the  laws  govern- 
ing appointment  of  chaplains  in  the  Army,  one  chaplain  for  each 
regiment  of  field  artillery  and  two  for  the  coast  artillery,  with  the 
rank,  pay,  and  allowances  now  authorized  by  law  for  chaplains  in  the 
Army.    Sec.  12,  Act  of  Jan.  25, 1907  (34  Stat.  864). 

904.  Same. — In  addition  to  the  number  of  chaplains  now  author- 
ized by  law 2  there  shall  hereafter  be  one  for  the  Corps  of  Engineers. 
Act  of  June  12, 1906  (34  Stat.  256). 

QUALIFICATIONS. 

905.  Qualifications. — No  person  shall  be  appointed  as  regimental  or 
post  chaplain  until  he  shall  have  furnished  proof  that  he  is  a  regularly 
ordained  minister  of  some  religious  denomination,  in  good  standing  at 
the  time  of  his  appointment,  together  with  a  recommendation  for 

1  Section  1121,  R.  S.,  reads  as  follows :  "  The  President  may,  by  and  with  the 
advice  and  consent  of  the  Senate,  appoint  a  chaplain  for  each  regiment  of  col- 
ored troops  and  30  post  chaplains  " 

2  The  act  of  February  2,  1901  (31  Stat  758),  which  authorized  the  organiza- 
tion of  one  provisional  regiment  of  infantry  for  service  in  Porto  Rico,  provided 
that  the  regiment  should  be  organized  as  to  numbers  as  authorized  for  infantry 
regiments  of  the  Regular  Army.    Consequently  this  regiment  has  one  chaplain. 

339 


340  MILITARY   LAWS   OF    THE   UNITED   STATES. 

such  appointment  from  some  authorized  ecclesiastical  body,  or  from 
not  less  than  five  accredited  ministers  of  said  denomination.  Sec. 
1123,  R.  S. 

906.  Same. — No  person  in  civil  life  shall  hereafter  be  appointed 
a     *     *     *     chaplain  until  he  shall  have  passed  satisfactorily  such 
examination  as  to  his  mental,  moral,  and  physical  qualifications  as 
may  be  prescribed  by  the  President:     *  *     Provided  further, 
That  in  case  of  the  appointment  of  an  officer  who  has  served  in  a 
similar  capacity  during  the  War  with  Spain  and  has  demonstrated 
his  moral,  mental,  and  physical  qualifications  for  the  position,  then 
such  examination  shall  not  be  required.     Sec.  7,  Act  of  Mar.  2,  1899 
(30  Stat.979}. 

907.  Same. — No  person  shall  be  appointed  a  chaplain  in  the  Regu- 
lar Army  who  shall  have  passed  the  age  of  forty  years,  nor  until  he 
shall  have  established  his  fitness  as  required  by  existing  law.     Sec. 
12,  Act  of  Feb.  2,  1901  (31  Staf.  750}. 

908.  Rank  and  status. — Chaplains  shall  have  the  rank  of  captains 
of  infantry,  without  command,  and  shall  be  on  the  same  footing 
with  other  officers  of  the  Army,  as  to  tenure  of  office,  retirement,  and 
pensions.    Sec.  1122,  R.  S. 

909.  Promotion.-  -The  President  may,  from  time  to  time,  select 
from  among  the  chaplains  of  the  Army  any  chaplains  having  not 
less  than  ten  years'  service,  in  the  grade  of  captain,  who  shall  have 
been  commended  as  worthy  of  special  distinction  for  exceptional 
efficiency  by  the  regimental  or  district  commanders  with  whose  com- 
mands they  may  be  serving  as  chaplains,  approved  through  regular 
military  channels,  and  may,  with  the  advice  and  consent  of  the  Sen- 
ate, promote  such  regimental  or  artillery  chaplains  to  be  chaplains 
with  the  grade,  pay,  and  allowances  of  major;  every  such  promo- 
tion being  made  with  a  view  to  active  service  until  the  statutory 
age  for  the  compulsory  relinquishment  thereof,  except  in  cases  of 
physical  disability  incurred  in  the  line  of  duty :  Provided,  That  the 
total  number  in  active  service  so  promoted  shall  not  at  any  time 
exceed   fifteen,   and   that   the   remaining  chaplains  shall   have   the 
grade,  pay  and  allowances  of  captain,  mounted,  after  they  shall 
have  completed  seven  years  of  service:  And  provided  further,  That 
all  persons  who  may  hereafter  be  appointed  as  chaplains  shall  have 
the  grade,  pay,  and  allowances  of  first  lieutenant,  mounted,  until  they 
shall  have  completed  seven  years  of  service.     Sec.  1,  Act  of  Apr.  21, 
190 %  (33  Stat.226}. 

910.  Designation. — All  officers  provided  for  in  this  Act  shall  have 
a  uniform  designation  in  official  address  as  chaplains  of  their  respec- 
tive regiments  or  of  the  Artillery  Corps.     Sec.  2,  id. 

911.  Effect  of  act.— Nothing  in  this  Act  shall  be  construed   as 
depriving  any  chaplain  of  his  commission  in  the  Army,  or  as  inter- 


MILITARY   LAWS   OF   THE   UNITED   STATES.  341 

fering  with  existing  law  pertaining  to  regimental  and  corps  assign- 
ments or  transfers,  and  that  nothing  herein  contained  shall  be  held 
or  construed  to  increase  the  number  of  chaplains,  as  now  authorized 
by  law,  or  to  reduce  the  grade  of  any  now  serving.  Sec.  3,  id. 

912.  Assignments. — The  office  of  post  chaplain  is  hereby  abolished, 
and  the  officers  holding  commissions  as  chaplains,  or  who  may  here- 
after become  chaplains,  shall  be  assigned  to  regiments  or  to  the  corps 
of  artillery.    Sec.  12,  Act  of  Feb.  2, 1901  (31  Stat.  750). 

913.  Transfers  and  transportation. — Chaplains  may  be  assigned  to 
such  stations  as  the  Secretary  of  War  shall  direct,  and  they  may  be 
transferred,  as  chaplains,  from  one  branch  of  the  service  or  from  one 
regiment  to  another,  by  the  Secretary  of  War,  without  further  com- 
mission.   When  serving  in  the  field,  chaplains  shall  be  furnished  with 
necessary  means  of  transportation  by  the  Quartermaster's  Depart- 
ment.   Id. 

DUTIES. 

914.  Duties. — All  regimental  chaplains  and  post  chaplains  shall, 
when  it  may  be  practicable,  hold  appropriate  religious  services,  for  the 
benefit  of  the  commands  to  which  they  may  be  assigned  to  duty,  at 
least  once  on  each  Sunday,  and  shall  perform  appropriate  religious 
burial  services  at  the  burial  of  officers  and  soldiers  who  may  die  in 
such  commands.    Sec.  1125,  R.  S. 

915.  Same — Instruction. — The  duty  of  chaplains  of  regiments  of 
colored  troops  and  of  post  chaplains  shall  include  the  instruction  of 
the  enlisted  men  in  the  common  English  branches  of  education.1    Sec. 
1124,  R.  S. 

916.  Same — Reports. — Post  and  regimental  chaplains  shall  make 
monthly  reports  to  the  Adjutant-General  of  the  Army,  through  the 
usual  military  channels,  of  the  moral  condition  and  general  history 
of  the  regiments  or  posts  to  which  they  may  be  attached.    Sec.  1126, 
R.S. 

917.  Facilities  for  duties. — It  shall  be  the  duty  of  commanders  of 
regiments,  hospitals,  and  posts  to  afford  to  chaplains,  assigned  to  the 
same  for  duty,  such  facilities  as  may  aid  them  in  the  performance  of 
their  duties.    Sec.  1127,  R.  S. 

HISTORICAL   NOTE. 

The  office  of  chaplain  existed  in  the  Revolutionary  armies,  as  is  indicated 
by  the  requirement  of  section  1,  article  4,  of  the  Rules  and  Articles  of  War  of 
1776,  which  provides  a  penalty  for  the  nonperformance  of  the  duties  appro- 
priate to  the  office.  The  act  of  March  3,  1791  (1  Stat.  222),  authorized  the 
appointment  of  a  chaplain  in  case  the  President  might  "  deem  such  appointment 

1  For  statutory  provisions  respecting  post  schools,  see  the  article  relating  to 
military  posts  in  the  chapter  entitled  Public  Property.  The  detail  of  officers  at 
post  schools,  and  the  regulations  governing  the  courses  of  instruction  therein,  are 
announced  in  orders  from  the  War  Department.  For  the  duties  and  assign- 
ments of  chaplains,  see  paragraphs  43^16,  Army  Regulations  of  1913. 


342  MILITARY   LAWS   OF    THE   UNITED   STATES. 

necessary  to  the  public  interest."  As  the  act  contemplated  a  brigade  organiza- 
tion, it  would  appear  that  the  office  thus  conditionally  created  was  that  of  a 
brigade  rather  than  a  regimental  chaplain.  The  inclusion  of  the  chaplain  in 
the  "general  staff,"  in  section  7  of  the  act  of  March  5,  1792  (id.,  242),  and 
March  3,  1795  (id.,  430),  would  also  seem  to  indicate  the  correctness  of  this 
view.  No  provision  was  made  for  the  services  of  chaplains  in  the  enact- 
ments respecting  the  Militia  of  May  2,  1792  (id.,  264),  and  May,  8,  1792 
(id.,  267),  nor  in  the  militia  act  of  January  21,  1903  (32  Stat.  775.)  The 
office  of  chaplain  was  discontinued  on  October  1,  1796,  in  conformity  to  the 
requirements  of  the  act  of  May  30,  1796  (id.,  483),  "to  ascertain  and  fix 
the  military  establishment  of  the  United  States."  The  acts  authorizing  the 
creation  of  a  provisional  army,  approved  May  28,  1798  (id.,  561),  made  no  pro- 
vision for  the  services  or  compensation  of  chaplains,  but  this  omission  was  sup- 
plied by  a  provision  for  four  chaplains  in  the  act  of  July  16,  1798  (id.,  604), 
who  were  to  be  attached  to  the  general  staff,  and  were  to  receive  the  pay  and 
allowances  of  majors.  No  provision  was  made  for  these  officers,  however,  in 
the  act  of  March  3,  1799  (id.,  749).  By  the  acts  of  February  2,  1800  (2  id.,  7), 
and  May  14,  1800  (id.,  85),  the  operation  of  the  foregoing  enactments  was  sus- 
pended, and  the  act  of  March  16,  1802  (id.,  133),  contained  no  provision  for 
chaplains,  or  for  the  procurement  of  religious  services  at  military  posts. 

The  act  of  April  12,  1808  (2  Stat.  481,  sec.  7),  passed  in  contemplation 
of  war  with  England,  authorized  the  appointment  of  brigade  chaplains,  and 
similar  provision  was  made  in  section  24  of  the  act  of  February  6,  1812  (id., 
671),  which  conferred  upon  these  officers  the  pay  and  ^allowances  of  majors 
of  infantry,  and  this  last-named  provision  was  repeated  in  section  16  of  the 
act  of  January  20,  1813  (id.,  791).  The  acts  of  March  3,  1815  (3  Stat.  224)  : 
April  24,  1816  (id.,  297)  ;  April  14,  1818  (id.,  420)  ;  April  20,  1818  (id.,  460)  ; 
March  2,  1821  (id.,  615),  to  reduce  and  fix  the  military  peace  establishment, 
made  no  provision  for  these  officers  which  then  ceased  to  exist. 

The  office  of  post  chaplain  was  established  by  section  18  of  an  act  of  July  5, 
1838  (5  Stat.  259),  appointments  thereto  being  vested  in  the  councils  of  admin- 
istration of  the  several  military  posts.  The  chaplains  were  to  act  as  post 
schoolmasters,  and  their  compensation  was  to  be  fixed  by  the  post  councils, 
with  the  approval  of  the  Secretary  of  War,  but  was  in  no  case  to  exceed  forty 
dollars  per  month,  with  four  rations  per  day  and  an  established  allowance 
of  fuel  and  quarters.  The  number  of  chaplain  posts  was  fixed  at  twenty  by 
the  act  of  July  7,  1838  (id.,  308),  which  were  to  be  designated  by  the  Secretary 
of  War,  and  were  to  be  "  confined  to  places  most  destitute  of  instruction." 
By  section  3  of  the  act  of  March  2,  1849  (9  id.,  351),  ten  additional  chaplains 
were  authorized,  and  by  section  2  of  the  act  of  February  21,  1857  (11  Stat. 
163),  the  monthly  pay  proper  of  chaplains  was  increased  to  a  sum  not  exceed- 
ing sixty  dollars,  subject  to  the  approval  of  the  post  council  of  administration. 

For  each  of  the  regiments  of  volunteers  authorized  to  be  raised  for  the  War 
with  Mexico  a  chaplain  was  authorized,  and  power  was  conferred  upon  the 
President  to  order  the  existing  post  chaplains  to  the  theater  of  active  opera- 
tions, and,  in  the  event  of  their  refusal  to  obey  such  order,  their  offices  were 
to  be  declared  vacant  by  the  Adjutant-General  of  the  Army;  section  7  act  of 
February  11,  1847  (9  Stat.  124).  During  the  Civil  War  a  chaplain  was  au- 
thorized for  each  regiment  of  volunteers,  who  was  to  have  the  pay  and  allow- 
ances of  a  captain  of  cavalry;  section  9,  act  of  July  22,  1861  (12  Stat.  270). 
By  section  7  of  the  act  of  August  3,  1861  (id.,  2SS),  none  but  ministers  of  some 
Christian  denomination  were  to  be  eligible  for  appointment.  By  section  2  of 
the  act  of  May  30,  1862  (id.,  404),  the  President  was  authorized  to  appoint  a 
chaplain  for  each  general  hospital;  by  the  act  of  July  17,  1862  (id.,  594),  their 
pay  and  allowances  were  fixed  and  the  qualifications  for  the  office  were  estab- 
lished. Rank  without  command  was  conferred  by  the  act  of  April  9,  1864 
(13  id.,  46),  in  which  enactment  their  duties  were  still  further  defined.  By 
section  31  of  the  act  of  July  28,  1866  (14  id.,  337),  the  existing  force  was 
recognized  and  continued,  and  one  chaplain  was  authorized  for  each  regiment 
of  colored  troops  established,  "  whose  duty  shall  include  the  instruction  of  the 
enlisted  men  in  the  common  English  branches  of  education ;"  by  section  7  of 
the  act  of  March  2,  1867  (id.,  423),  the  rank  of  captain  of  infantry,  without 
command,  was  conferred,  and  chaplains  were  placed  upon  the  same  footing 
in  respect  to  pay,  allowances,  and  emoluments  as  other  officers  of  the  Army. 
By  section  12  of  the  act  of  February  2,  1901  (31  Stat.  750),  the  distinction 
between  post  and  regimental  chaplains  was  abolished  and  chaplains  were 
thereafter  required  to  be  assigned  to  regiments  of  the  line  or  to  stations 
occupied  by  the  troops  of  the  corps  of  artillery. 


CHAPTER 


COMMISSIONED  OFFICERS. 


Par. 

Appointments 918-926 

Grade  of  second  lieutenant 918 

Same — noncommissioned  officers  919 

Enlisted  men 92& 

Same — examination  board 921 

Same — order  of  merit 922 

Same — certificate  of  eligibility . .  923 

Same — vacating  certificate 924 

Commissions  to  be  under  depart- 
ment seal 925 

To  be  in  arm  of  service 926 

Promotions 927-933 

Seniority 927 

Same 928 

Examination 929-930 

Same — appointees  from  civil  life.  931 

Same — waiver 932 

Same — absence  of  officer 933 

Assignment  and  transfer 934-938^ 

Transfers  from  line  to  staff 934 

Assignments  and  transfers 935 

Details  to  the  staff 936 

Limitation — detailed  officer 937 

Same — extension 938 

Same — limitation    extended    to 

field  officers 938$ 

Details 939-949 

Details  to  foreign  Government. .  939 

Details  as  Indian  agents 940 

Details  to  the  Philippine  Con- 
stabulary   941 

Details  to  colleges,  active  officers  942 

Same — increase  of  number 943 

Same 944 

Retired    officers    under    section 

1225,  Revised  Statutes 945 

Same 946 

Same 947 

Retired    officers    under    section 

1260,  Revised  Statutes 948 

Pay  from  institution 949 

Act  of  Nov.  3,  1893,  not  to  limit 
detail...  .  950 


Par. 

Issues  of  ordnance  to  colleges 951-955 

Ordnance  and  ordnance  stores  to 

colleges 951 

Same 952 

Same 953 

Same — obsolete  stores 954 

Ammunition,  targets,  etc 955 

Other  details  for  retired  officers.  956-961 

Soldiers'  Home 956 

Militia 957 

Various  details 958 

Adjutant  general  of  District  Mili- 
tia.    959 

Territorial  office 960 

Time  of  war 961 

Retirement 962-975 

Forty  years'  service ;  thirty  years' 

service 962 

Forty-five  years  of  service;    62 

years  of  age 963 

Forty  years'  service;  64  years  of 

age 964 

Unlimited  retired  list 965 

Limited  number 966 

Transfers  from  limited  to  unlim- 
ited list 967 

Disability 968 

Special  advancement  in  grade . . .  969 

Same 970 

Commissions  to  be  given 971 

General  officers 972 

Head  of  a  staff  department 973 

Limitation  to  retired  pay  above 

grade  of  major 974 

Pay  and   allowances   on  active 

duty 975 

Retiring  boards 976-998 

Composition 976 

Oath  of  members 977 

Powers  and  duties 978 

Findings 979 

Revision  by  the  President 980 

343 


344 


MILITARY   LAWS   OF   THE   UNITED   STATES. 


Retiring  boards— Continued.  Par. 
Disability  incident  to  the  serv- 
ice   981 

Disability  not  incident  to  the 

service 982 

Officer  entitled  to  a  hearing 983 

To  be  retired  on  rank  at  date  of 

retirement 984 

Officers  retired,  wounds  received 

in  action 985 

Status 986 

Vacancies  caused  by  retirement.  987 

Rights  and  liabilities 988 

Clerks  to  retired  officers  prohib- 
ited... .  989 


Retiring  boards — Continued.  Par. 
Holding  two  offices  by  person  re- 
ceiving $2,500  forbidden;    re- 
tired officers  excepted 990 

Restoration  of  dismissed  officer. .  991 

Dropped  for  desertion 992 

Same — amendment 993 

Right  to  demand  trial 994 

Accepting  or  holding  civil  office .  995 

Prohibited  duties 996 

Accepting  diplomatic  or  consular 

office 997 

Supernumerary  officers  may  re- 
quest discharge 998 


APPOINTMENTS. 

918.  Grade  of  second  lieutenant. — Vacancies  in  the  grade  of  second 
lieutentant  occurring  in  any  fiscal  year  shall  be  filled  by  appoint- 
ment in  the  following  order,  namely:  First,  of  cadets  graduated 
from  the  United  States  Military  Academy  during  that  fiscal  year;1 
second,  of  enlisted  men  whose  fitness  for  promotion  shall  have  been 
determined  by  competitive  examination ; 2  third,  of  candidates  from 
civil  life  between  the  ages  of  twenty-one  and  twenty-seven  years.3 
The  President  is  authorized  to  make  rules  and  regulations  to  carry 
these  provisions  into  effect.    Act  of  Mar.  3,  1911  (36  Stat.  1045). 

919.  Same — Promotion  of  noncommissioned  officers. — Noncommis- 
sioned  officers   may,   under   regulations   established   by    the   Secre- 
tary of  War,  be  examined  by  a  board  of  four  officers,  as  to  their 
qualifications  for  the  duties  of  commissioned  officers  in  the  line  of 
the  Army,  and  shall  be  eligible  for  appointment  as  second  lieutenants 
in  any  corps  of  the  line  for  which  they  may  be  found  so  qualified. 
If  there  be  no  vacancy  in  such  corps,  any  noncommissioned  officer 
so  found  qualified  for  a  commission  therein  may  be  attached  to  it 
by  the  President  as  a  supernumerary  officer,  by  brevet  of  second  lieu- 
tenant,  subject  to  the  provisions   of   section   twelve  hundred   and 
fifteen.    Sec.  1214,  R.  S. 

920.  Same — Of  enlisted  men. — The  President  is  hereby  authorized 
to  prescribe  a  system  of  examination  of  enlisted  men  of  the  Army, 
by  such  boards  as  may  be  established  by  him,  to  determine  their 

*As  to  the  appointment  of  cadets  see  paragraphs  1154  and  1155,  post;  and  as 
to  the  limitations  and  appointment  of  cadets  who  never  graduated  see  para- 
graphs 1162  and  1164,  post.  As  to  appointment  as  second  lieutenants  of  Engi- 
neers see  paragraphs  784  and  786,  ante.  As  to  appointments  in  the  Medical 
Corps  see  paragraph  732,  ante. 

2  As  to  regulations  governing  the  appointment  of  enlisted  men  see  paragraphs 
27  to  33,  A.  R.,  1913.  See  also  the  next  five  paragraphs. 

'As  to  regulations  governing  the  appointment  of  candidates  from  civil  life 
see  paragraphs  34-37,  A.  R.,  1913. 


MILITARY  LAWS   OF   THE   UNITED  STATES.  345 

fitness  for  promotion  to  the  grade  of  second  lieutenant:  Provided, 
That  all  unmarried  soldiers  under  thirty  years  of  age,  who  are  citi- 
zens of  the  United  States,  are  physically  sound,  who  have  served 
honorably  not  less  than  two  years  in  the  Army,  and  who  have  borne 
a  good  moral  character  before  and  after  enlistment,  may  compete 
for  promotion  under  any  system  authorized  by  this  act.  Act  of 
July  30,  1892  (27  Stat.  336}. 

921.  Examination   board. — The   members    and   recorder   of   such 
boards  as  may  be  established  by  the  President,  under  the  provisions 
of  the  preceding  section,  shall  be  sworn  in  every  case  to  discharge 
their  duties  honestly  and  faithfully;  and  the  boards  may  examine 
witnesses  and  take  depositions,  for  which  purposes  they  shall  have 
such  powers  of  a  court  of  inquiry  as  may  be  necessary.     Sec.  2,  id. 

922.  Filling  vacancies. — The  vacancies  in  the  grade  of  second  lieu- 
tenant heretofore  filled  by  the  promotion  of  meritorious  noncom- 
missioned officers  of  the  Army,  under  the  provisions  of  section  three 
of  the  act  approved  June  eighteenth,  eighteen  hundred  and  seventy- 
eight,  shall  be  filled  by  the  appointment  of  competitors  favorably 
recommended  under  this  act,  in  the  order  of  merit  established  by  the 
final  examination.     Sec.  3,  id. 

923.  Certificates  of  eligibility. — Each  man  who  passes  the  final 
examination  shall  receive  a  certificate  of  eligibility,  setting  forth 
the  subjects  in  which  he  is  proficient  and  the  especial  grounds  upon 
which  the  recommendation  is  based:  Provided,  That  not  more  than 
two  examinations  shall  be  accorded  to  the  same  competitor.     Sec.  3*  id. 

924.  Same — Vacation  of. — All  rights  and  privileges  arising  from 
a  certificate  of  eligibility  may  be  vacated  by  sentence  of  a  court- 
martial,  but  no  soldier,  while  holding  the  privileges  of  a  certificate, 
shall  be  brought  before  a  garrison  or  regimental  court-martial  or 
summary  court.1     Sec.  4,  id. 

925.  Commissions — Execution  of. — Hereafter  the  commissions  of 
all  officers  under  the  direction  and  control  of  the  Secretary  of  the 
Treasury,  the  Secretary  of  War,  the  Secretary  of  the  Navy,  and  the 
Secretary  of  Agriculture  shall  be  made  out  and  recorded  in  the 
respective  Departments  under  which  they  are  to  serve,  and  the  De- 
partment seal  affixed  thereto,  any  laws  to  the  contrary  notwithstand- 
ing: Provided,   That  the  said  seal  shall  not  be  affixed  to  any  such 
commission  before  the  same  shall  have  been  signed  by  the  President 
of  the  United  States.2     Act  of  Mar.  28, 1896  (29  Stat.  75) . 

1  Garrison  and  regimental  courts-martial  have  been  abolished  and  their  juris- 
diction transferred  to  the  special  courts-martial  provided  for  by  the  act  of 
March  2,  1913  (37  Stat.  722).  See  pages  614-616. 

aA  commission,  whatever  its  form,  is  but  evidence  of  the  fact  that  the  Presi- 
dent has  exercised  his  constitutional  power  of  appointment;  there  is  no  pro- 
vision of  law  requiring  a  specified  form  of  commission  to  be  issued  to  officers  in 
the  military  service.  (O'Shea  v.  U.  S.,  28  Ct.  Cls.,  392.) 


346  MILITARY  LAWS   OF   THE   UNITED   STATES. 

926.  Appointments. — Hereafter  all  appointments  in  the  line  of  the 
Army  shall  be  by  commission  in  an  arm  of  the  service  and  not  by 
commission  in  any  particular  regiment.1    Sec.  2,  Act  of  Oct.  1^  1890 
(26  Stat.  562). 

PROMOTIONS. 

927.  Seniority. — Hereafter  promotions  to  every  grade  in  the  Army 
below  the  rank  of  brigadier-general,  throughout  each  arm,  corps, 
or  department  of  the  service,  shall,  subject  to  the  examination  here- 
inafter provided  for,  be  made  according  to  seniority  in  the  next  lower 
grade  of  that  arm,  corps,  or  department.2    Sec.  1,  id. 

928.  Same. — Hereafter  all  vacancies  occurring  in  the  cavalry,  artil- 
lery, and  infantry  above  the  grade  of  second  lieutenant  shall,  subject 
to  the  examination  now  required  by  law,  be  filled  by  promotion  ac- 
cording to  seniority  from  the  next  lower  grade  in  each  arm.3    Sec. 
2,  Act  of  Apr.  26, 1893  (30  Stat.  364). 

*An  appointment  or  commission,  in  order  to  take  effect  at  all,  must  be  ac- 
cepted ;  but  when  accepted,  it  takes  effect  as  of  and  from  its  date,  i.  e.,  the  date 
on  which  it  is  completed  by  the  signature  of  the  appointing  power,  or  that  as  and 
from  which  it  purports  in  terms  to  be  operative.  (Dig.  Opin.  J.  A.  G.,  1912, 
p.  801,  6a  and  7a.  See  also  Marbury  v.  Madison,  1  Cranch,  137 ;  U.  S.  v.  Bradley, 
10  Pet,  304 ;  U.  S.  v.  Le  Baron,  19  How.,  78 ;  Montgomery  v.  U.  S.,  5  Ct.  Cls.,  97. 
See  also  chapter  entitled  "  The  Executive.") 

The  power  of  the  President  to  fill  a  vacancy  in  the  Army  during  a  recess  of 
the  Senate  may  be  exercised  by  a  letter  from  the  Secretary  of  War,  and  such  a 
letter  may  constitute  his  commission,  there  being  no  law  which  prescribes  the 
form  of  a  military  commission.  (O'Shea  v.  U.  S.,  28  Ct.  Cls.,  392.)  Where  the 
President  is  authorized  by  law  to  reinstate  a  discharged  Army  officer,  he  may 
do  so  without  the  advice  and  consent  of  the  Senate.  (Collins  v.  U.  S.,  14  Ct. 
Cls.  22 ;  Dig.  Opin.  J.  A.  G.,  150. )  An  officer  of  the  Army  or  Navy  of  the  United 
States  does  not  hold  his  office  by  contract,  but  at  the  will  of  the  sovereign 
power.  (Crenshaw  v.  U.  S.,  134  U.  S.,  98.)  For  statutory  provisions  respecting 
appointments  to  the  lowest  grades  in  the  several  staff  corps  see  the  chapters  so 
entitled. 

So  much  of  section  1218,  Revised  Statutes,  as  amended  by  the  act  of  May  13, 
1884  (23  Stat.  21),  as  requires  that  "No  person  who  held  a  commission  in  the 
Army  or  Navy  of  the  United  States  at  the  beginning  of  the  late  rebellion,  and 
afterwards  served  in  any  capacity  in  the  military,  naval,  or  civil  service  of  the 
so-called  Confederate  States,  or  of  either  of  the  States  in  insurrection  during 
the  late  rebellion,  shall  be  appointed  to  any  position  in  the  Army  or  Navy  of  the 
United  States,"  was  repealed  by  the  act  of  March  31,  1896  (29  Stat.  235.)  For 
statutory  provisions  regulating  the  appointment  of  officers  of  volunteers  to  the 
Army,  see  section  28  of  the  act  of  February  2,  1901  (31  Stat.  755),  1101. 

8  The  act  of  October  1,  1890  (26  Stat.  562),  contained  the  requirement  that  all 
officers  above  the  grade  of  second  lieutenant  in  the  line  of  the  Army  should, 
"  subject  to  such  examination,  be  entitled  to  promotion  in  accordance  with  ex- 
isting laws  and  regulations."  The  effect  of  this  provision  was  to  continue  the 
operation  of  the  rule  of  regimental  promotion  in  respect  to  all  officers  of  the  line 
above  the  grade  of  second  lieutenant.  The  rule  of  lineal  promotion  was  made 
general  in  its  apllication  by  section  2  of  the  act  of  April  26.  1898  (30  Stat. 
364).  Seniority  of  rank  alone,  in  the  military  service,  gives  no  right  to  pro- 
motion. Physical,  mental,  and  moral  fitness  are  required.  (Steinrnetz  v.  U.  S., 
33  Ct.  Cls.,  404.)  The  act  of  October,  1890,  did  not  make  it  obligatory  upon  the 
President  to  promote  the  senior  officer  to  a  vacancy  existing  in  the  next  higher 
grade  if  the  record  of  the  officer,  in  his  opinion,  had  been  such  as  to  indicate 
that  he  was  disqualified  for  promotion.  (30  Opin.  Atty.  Gen.,  177.) 

8  Appointment  and  promotion  of  commissioned  officers. — Notices  of  appoint- 
ments and  promotions  are  Issued  by  the  War  Department,  through  the  Adjutant- 
General  of  the  Army.  (Par.  21,  A.  R.  1913.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  347 

HISTORICAL    NOTE. 

The  rule  of  promotion  in  the  line  of  the  Army,  as  stated  in  paragraph  22  of 
the  Regulations  of  1889,  required  that  "  promotions  to  the  rank  of  captain  will 
be  made  regimentally,  to  major,  lieutenant  colonel,  and  colonel,  according  to 
arm  of  service."  This  rule,  which  was  replaced  by  the  act  of  October  1.  1890 
(par.  1271,  supra),  had  its  origin  in  an  order  of  the  Secretary  of  War,  dated 
May  26,  1801,  which  declared  that  "  promotions  to  the  rank  of  captain  shall  be 
made  regimentally,  and  to  the  rank  of  major  and  lieutenant  colonel  in  the  lines 
of  the  artillery  and  infantry,  respectively."  This  order  was  supplemented  by 
another,  issued  on  May  7,  1808,  making  the  above  rule  for  promotion  in  the 
infantry  and  artillery  applicable  to  the  cavalry  and  riflemen. 

The  earliest  Congressional  action  on  the  subject  of  promotion  in  the  Army 
is  contained  in  the  fifth  section  of  the  act  of  June  26,  1812  (2  Stat.  764),  which 
provided  that  thereafter  "  the  promotion  shall  be  made  through  the  lines  of 
artillerists,  light  artillery,  dragoons,  riflemen,  and  infantry,  respectively,  ac- 
cording to  established  rule."  The  rule  therein  referred  to  is  that  which  was 
established  by  the  Executive  order  as  above  stated,  and  the  effect  of  the  statute 
was  to  give  the  order  a  legislative  Sanction.  Subsequently,  by  section  12  of 
the  act  of  March  30,  1814  (3  Stat.  113),  it  was  provided  "that  from  and  after 
the  passage  of  this  act  promotions  may  be  made  through  the  whole  Army  in  its 
several  lines  of  light  artillery,  light  dragoons,  artillery,  infantry,  and  riflemen, 
respectively."  Since  the  enactment  of  this  last  provision,  which  continued  in 
force  down  to  the  revision  of  the  statutes,  promotions  to  the  rank  of  captain 
have  uniformly  been  made  regimentally,  so  that  the  construction  given  thereto, 
In  practice,  has  been  that  it  made  no  change  or  modification  of  the  previously 
existing  rules.  According  to  this  construction  (which  was  acted  upon  for  about 
sixty  years)  the  act  of  1814,  while  it  contemplated  that  promotions  should  be 
made  in  the  several  lines  or  arms  through  the  whole  Army,  and  that  officers 
should  be  promoted  only  in  their  respective  lines  or  arms,  did  not  prescribe  how 
promotions  within  the  lines  or  arms  should  be  made,  whether  regimentally  or 
lineally.  As  thus  understood — and  the  language  of  the  act  is  susceptible 
of  that  interpretation — there  was  no  conflict  between  it  and  the  rule  adverted  to. 

Section  1204,  Revised  Statutes,  contains  substantially  a  reenactment  of  the 
provision  above  quoted  from  the  act  of  1814.  When  embodying  that  provision 
in  the  Revised  Statutes,  it  is  reasonable  to  presume  that  Congress  was  familiar 
with  the  construction  which  had  been  placed  thereon,  and  so  long  acted  upon 
by  the  executive  department,  and  that  if  it  had  been  the  intention  of  that  body 
to  introduce  a  different  rule  on  the  subject  of  promotion,  different  phraseology 
would  have  been  chosen  to  signify  such  design.  By  adopting  the  language  of 
the  previous  statute  the  fair  inference  is  that  its  construction  was  acquiesced 
in,  and  that  no  change  in  the  law  of  promotion  was  intended.  (17  Opin.  Atty. 
Gen.,  65.  See  also  paragraph  987,  post.) 

929.  Examination. — On  and  after  the  passage  of  this  Act,  every 
line  officer  on  the  active  list  below  the  grade  of  colonel  who  has  lost  in 
lineal  rank  through  the  system  of  regimental  promotion  in  force  prior 
to  October  first,  eighteen  hundred  and  ninety,  may,  in  the  discretion 
of  the  President,  and  subject  to  examination  for  promotion  as  pre- 
scribed by  law,  be  advanced  to  higher  grades  in  his  arm  up  to  and 
including  the  grade  of  colonel,  in  accordance  with  the  rank  he  would 
have  been  entitled  to  hold  had  promotion  been  lineal  throughout  his 
arm  or  corps  since  the  date  of  his  entry  into  the  arm  or  corps  to 
which  he  permanently  belongs:  Provided,  That  officers  advanced  to 
higher  grades  under  the  provisions  of  this  Act  shall  be  additional 

Appointment  to  the  grade  of  general  officer  is  made  by  selection  from  the 
Army.  (Par.  22,  Id.) 

Promotions  in  established  staff  corps  and  departments  to  include  the  grade  of 
colonel  will  be  made  by  seniority,  subject  to  the  examinations  required  by  law. 
(Par.  24,  Id.) 


348  MILITARY   LAWS   OF   THE   UNITED   STATES. 

officers  in  those  grades:  Provided  further,  That  nothing  in  this  Act 
shall  operate  to  interfere  with  or  retard  the  promotion  to  which  any 
officer  would  be  entitled  under  existing  law:  And  provided  further, 
That  the  officers  advanced  to  higher  grades  under  this  Act  shall  be 
junior  to  the  officers  who  now  rank  them  under  existing  law,  when 
these  officers  have  reached  the  same  grade.  Act  of  Mar.  3,  1911  (36 
Stat.  1058). 

930.  Examination. — That  the  President  be,  and  he  is  hereby,  au- 
thorized to  prescribe  a  system  of  examination  of  all  officers  of  the 
Army  below  the  rank  of  major  to  determine  their  fitness  for  promo- 
tion, such  an  examination  to  be  conducted  at  such  times  anterior  to 
the  accruing  of  the  right  to  promotion  as  may  be  best  for  the  interests 
of  the  service :  Provided,  That  the  President  may  waive  the  examina- 
tion for  promotion  to  any  grade  in  the  case  of  any  officer  who  in  pur- 
suance of  existing  law  has  passed  a  satisfactory  examination  for  such 
grade  prior  to  the  passage  of  this  act:  And  provided,  That  if  any 
officer  fails  to  pass  a  satisfactory  examination  and  is  reported  unfit 
for  promotion,  the  officer  next  below  him  in  rank,  having  passed  said 
examination,  shall  receive  the  promotion :  And  provided,  That  should 
the  officer  fail  in  his  physical  examination,  and  be  found  incapacitated 
for  service  by  reason  of  physical  disability  contracted  in  line  of  duty  he 
shall  be  retired  with  the  rank  to  which  his  seniority  entitled  him  to  be 
promoted ;  but  if  he  should  fail  for  any  other  reason  he  shall  be  sus- 
pended from  promotion  for  one  year,  when  he  shall  be  reexamined, 
and  in  case  of  failure  on  such  reexamination  he  shall  be  honorably 
discharged  with  one  year's  pay  from  the  Army.1    Sec.  3,  Act  of  Oct. 
1,  1890  (26  Stat.  562). 

931.  Same — Appointees  from  civil  life. — The  examination  of  officers 
appointed  in  the  Army  from  civil  life,  or  of  officers  who  were  officers  of 
volunteers  only,  or  were  officers  of  the  militia  of  the  several  States  called 
into  the  service  of  the  United  States,  or  were  enlisted  men  in  the 
regular  or  volunteer  service,  either  in  the  Army,  Navy,  or  Marine 
Corps,  during  the  war  of  the  rebellion,  shall  be  conducted  by  boards 
composed  entirely  of  officers  who  were  appointed  from  civil  life  or 
of  officers  who  were  officers  of  volunteers  only  during  said  war,  and 
such  examination  shall  relate  to  fitness  for  practical  service  and  not 
to  technical  and  scientific  knowledge;  and  in  case  of  failure  of  any 
such  officer  in  the  reexamination  hereinbefore  provided  for,  he  shall 

1  For  the  statutes  governing  the  subject  of  examinations  of  medical  officers 
see  paragraphs  735-6,  ante. 

Joint  Resolution  No.  48,  of  June  14,  1898  (30  Stat.  747),  contains  the  require- 
ment "  that  during  the  existing  war  the  President  may,  in  his  discretion,  waive 
the  one-year  suspension  from  promotion  and  forthwith  order  the  reexamination 
provided  in  certain  cases  by  the  third  proviso  of  section  three  of  the  act  ap- 
proved October  first,  eighteen  hundred  and  ninety,  entitled  'An  act  to  provide  for 
the  examination  of  certain  officers  of  the  Army  and  to  regulate  promotions 
therein." 


MILITARY   LAWS   OF   THE   UNITED   STATES.  349 

be  placed  upon  the  retired  list  of  the  Army ;  and  no  act  now  in  force 
shall  be  so  construed  as  to  limit  or  restrict  the  retirement  of  officers 
as  herein  provided  for.1  Sec.  3,  id. 

932.  Same — Waiver. — Officers  entitled  by  this  section  to  examina- 
tion by  a  board  composed  entirely  of  officers  who  were  appointed 
from  civil  life,  or  who  were  officers  of  volunteers  only  during  the  war. 
may,  by  written  waiver  filed  with  the  War  Department,  relinquish 
such  right,  in  which  case  the  examination  of  such  officers  shall  be 
conducted  by  boards  composed  as  shall  be  directed  by  the  Secretary 
of  War.2    Sec.  1,  Act  of  July  27, 1892  (27  Stat.  276} . 

933.  Same — Absence  of  officer. — When  the  exigencies  of  the  service 
of  any  officer  who  would  be  entitled  to  promotion  upon  examination 
require  him  to  remain  absent  from  any  place  where  an  examining 
board  could  be  convened,  the  President  is  hereby  authorized  to  pro- 
mote such  officer,  subject  to  examination,  and  the  examination  shall 
take  place  as  soon  thereafter  as  practicable.     If  upon  examination 
the  officer  be  found  disqualified  for  promotion,  he  shall,  upon  the 
approval  of  the  proceedings  by  the  Secretary  of  War,  be  treated  in 
the  same  manner  as  if  he  had  been  examined  prior  to  promotion. 
Sec.  32,  Act  of  Feb.  2,  1901  (31  Stat.  756}. 

ASSIGNMENTS    TO    REGIMENTS,    TRANSFERS,    AND    DETAILS    TO    THE    STAFF. 

934.  Transfers  to  the  jtaff. — Officers  may  be  transferred  from  the 
line  to  the  staff  of  the  Army  without  prejudice  to  their  rank  or  pro- 
motion in  the  line;  but  no  officer  shall  hold,  at  the  same  time,  an 
appointment  in  the  line  and  an  appointment  in  the  staff  which  con- 
fer equal  rank  in  the  Army.     When  any  officer  so  transferred  has, 
in  virtue  of  seniority,  obtained  or  become  entitled  to  a  grade  of  his 
regiment  equal  to  the  grade  of  his  commission  in  the  staff,  he  shall 
vacate  either  his  commission  in  the  line  or  his  commission  in  the 
staff.    Sec.  1205,  R.  S. 

1  Under  the  act  of  October  1,  1890,  the  finding  of  the  board  of  examination 
that  the  officer  is  incapacitated  for  duty  is  not  per  se  final,  but  must  be  reported 
for  the  action  of  the  Secretary  of  War  and  passed  upon  by  him.  Where  the 
finding  and  report  of  the  board  have  been  approved  but  not  yet  executed  by 
actual  retirement,  there  may  intervene  contingencies  which  would  supersede 
such  proceeding,  as  the  trial  and  dismissal  of  the  officer  by  court-martial,  or  the 
arising  of  new  causes  which  might  make  proper  that  the  question  of  his  dis- 
ability be  inquired  into  by  a  retiring  board  convened  under  Sec.  1246,  Re- 
vised Statutes.  But  unless  some  such  new  occasion  and  ground  of  disqualifica- 
tion be  presented  the  action  of  the  Secretary  of  War  in  approving  the  report 
remains  final  and  exhaustive,  and  the  officer  is  entitled  to  be  retired  under  the 
act  of  1890,  and  can  not  legally  be  ordered  before  such  retiring  board.  (Dig. 
Opin.  J.  A.  G.,  1912,  p.  988  b  (2).) 

The  privilege  of  retirement  which  an  officer  has  "  with  the  rank  to  which  his 
seniority  entitled  him  to  be  promoted,"  given  by  the  act  of  October  1,  1890  (26 
Stat.  502),  is  limited  to  cases  where  the  officer  failed  in  his  physical  exami- 
nation only.  (Steinmetz  v.  U.  S.,  33  Ct.  Cls.,  404.) 

'This  refers  to  section  3  of  the  act  of  October  1,  1890  (26  Stat.  562),  which 
is  amended. 


350  MILITARY   LAWS   OF    THE   UNITED   STATES. 

935.  Assignments  and  transfers. — Officers  of  [all]  grades  in  each 
arm  of  the  service  shall  be  assigned  to  regiments,  and  transferred 
from  one  regiment  to  another,  as  the  interests  of  the  service  may 
require,  by  orders  from  the  War  Department.1    Sec.  2,  Act  of  Oct. 
/,  1890  (26  Stat.  562). 

936.  Details  to  the  staff. — When  any  vacancy,  except  that  of  the 
chief  of  the  department,  shall  occur    (in  the  Adjutant-General's 
Department,  the  Inspector-General's  Department,  the  Quartermas- 
ter's Department,  the  Subsistence  Department,  the  Pay  Department, 
the  Ordnance  Department,  and  the  Signal  Corps)  which  can  not  be 
filled  by  promotion  as  provided  in  this  section,  it  shall  be  filled  by  de- 
tail from  the  line  of  the  Army,  and  no  more  permanent  appointments 
shall  be  made  in  those  departments  or  corps  after  the  original  vacancies 
created  by  this  act  shall  have  been  filled.    Such  details  shall  be  made 
from  the  grade  in  which  the  vacancies  exist,  under  such  system  of 
examination  as  the  President  may,  from  time  to  time,  prescribe.    All 
officers  so  detailed  shall  serve  for  a  period  of  four  years,  at  the 
expiration  of  which  time  they  shall  return  to  duty  with  the  line,  and 
officers  below  the  rank  of  lieutenant-colonel  shall  not  again  be  eligible 
for  selection  in  any  staff  department  until  they  shall  have  served 
two  years  with  the  line.2    Sec.  26,  Act  of  Feb.  2, 1901  (31  Stat.  755). 

937.  Same. — On  and  after  December  fifteenth,  nineteen  hundred 
and  twelve,  in  time  of  peace  whenever  any  officer  holding  a  perma- 
nent commission  in  the  line  of  the  Army  with  rank  below  that  of 
major  shall  not  have  been  actually  present  for  duty  for  at  least 
two  of  the  last  preceding  six  years  with  a  troop,  battery,  or  company, 
of  that  branch  of  the  Army  in  which  he  shall  hold  said  commission, 
such  officer  shall  not  be  detached  nor  permitted  to  remain  detached 
from  such  troop,  battery,  or  company,  for  duty  of  any  kind ;  and  all 
pay  and  allowances  shall  be  forfeited  by  any  superior  for  any  period 
during  which,  by  his  order,  or  his  permission,  or  by  reason  of  his 
failure  or  neglect  to  issue  or  cause  to  be  issued  the  proper  order  or 
instructions  at  the  proper  time,  any  officer  shall  be  detached  or  per- 
mitted to  remain  detached  in  violation  of  any  of  the  terms  of  this 
proviso;  but  nothing  in  this  proviso  shall  be  held  to  apply  in  the 
case  of  any  officer  for  such  period  as  shall  be  actually  necessary  for 
him,  after  having  been  relieved  from  detached  service,  to  join  the 
troop,  battery,  or  company,  to  which  he  shall  belong  in  that  branch 
in  which  he  shall  hold  a  permanent  commission,  nor  shall  anything 

1  See  Article  8,  A.  R.,  1913.     Vacancies  in  the  grade  of  second  lieutenant  in 
the  Engineer  Corps  can  not  be  filled  by  transfers  of  officers  from  other  branches 
of  the  Army.     (Bulletin  18,  W.  D.,  June  7,  1913.) 

2  For  statutory  regulations  respecting  details  to  the  staff  see  the  title  Details 
to  the  Staff,  in  the  chapter  entitled  The  Staff  Departments. 

The  Quartermaster's,  Subsistence,  and  Pay  Departments  of  the  Army  were 
consolidated  into  the  Quartermaster  Corps  by  section  3  of  the  act  of  August 
24,  1912  (37  Stat.  591).  See  paragraph  495. 


MILITARY   LAWS   OF    THE   UNITED   STATES.  351 

in  this  proviso  be  held  to  apply  to  the  detachment  or  detail  of  officers 
for  duty  in  the  Judge  Advocate  General's  Department  or  in  the 
Ordnance  Department,  or  in  connection  with  the  construction  of  the 
Panama  Canal  until  after  such  canal  shall  have  been  formally  opened, 
cr  in  the  Philippine  Constabulary  until  the  first  day  of  January, 
nineteen  hundred  and  fourteen,  or  to  any  officer  detailed,  or  who  may 
be  hereafter  detailed,  for  aviation  duty.  And  hereafter  no  officer 
holding  a  permanent  commission  in  the  Army  with  rank  below  that 
of  major  shall  be  detailed  as  assistant  to  the  Chief  of  the  Bureau  of 
Insular  Affairs  with  rank  of  colonel,  or  as  commanding  officer  of  the 
Porto  Rico  Regiment  of  Infantry,  or  as  chief  or  assistant  chief  (Di- 
rector or  Assistant  Director)  of  the  Philippine  Constabulary,  and  no 
other  officers  of  the  Army  shalL  hereafter  be  detailed  for  duty  with 
the  said  Constabulary  except  as  specifically  provided  by  law.  Act 
of  Aug.  24,  1912  (37  Stats.  571,  645). 

938.  Same. — Hereafter,  in  determining  the  eligibility,  under  the 
provisions  of  the  Act  of  Congress  approved  August  twenty- fourth, 
nineteen  hundred  and  twelve,  of  troop,  battery,  or  company  officers 
for  detail  as  officers  of  the  various  staff  corps  and  departments 
of  the  Army,  except  the  General  Staff  Corps,  service  actually  per- 
formed by  any  such  officer  with  troops  prior  to  December  fifteenth, 
nineteen  hundred  and  twelve,  as  a  regimental,  battalion,  or  squadron 
staff  officer,  shall  be  deemed  to  have  been  duty  with  a  battery,  com- 
pany, or  troop:  Provided  further,  That  regimental,  battalion,  and 
squadron  quartermasters  and  commissaries  shall  hereafter  be  re- 
quired to  perform  the  duties  of  officers  of  the  Quartermaster  Corps, 
including  the  receipting  for  any  money  or  property  pertaining  to 
said  corps,  when  no  officer  of  the  Quartermaster  Corps  is  present  for 
such  duties,  and  nothing  contained  in  the  Army  appropriation  Act 
approved  August  twenty-fourth,  nineteen  hundred  and  twelve,  shall 
hereafter  be  held  or  construed  so  as  to  prevent  competent  authority 
from  requiring  any  officers  of  the  Army  to  act  temporarily  as  quarter- 
masters wherever  there  shall  be  no  officers  of  the  Quartermaster  Corps 
and  no  regimental,  battalion,  or  squadron  quartermasters  or  com- 
missaries present  for  such  duty.  Act  of  Mar.  2, 1913  (37  Stat.  706.) 

938J.  Same — Limitation  extended  to  -field  officers. — That  after  Sep- 
tember first,  nineteen  hundred  and  fourteen,  in  time  of  peace,  when- 
ever any  officer  holding  a  permanent  commission  in  the  line  of  the 
Army,  with  rank  of  colonel,  lieutenant  colonel,  or  major,  shall  not 
have  been  actually  present  for  duty  for  at  least  two  years  of  the  last 
preceding  six  years  with  a  command  composed  of  not  less  than  two 
troops,  batteries,  or  companies  of  that  branch  of  the  Army  in  which 
he  shall  hold  said  commission,  such  officer  shall  not  be  detached  nor 
permitted  to  remain  detached  from  such  command  for  duty  of  any 
kind  except  as  hereinafter  specifically  provided;  and  all  pay  and 


352  MILITARY   LAWS   OF   THE   UNITED   STATES. 

allowances  shall  be  forfeited  by  any  superior  for  any  period  during 
which,  by  his  order  or  his  permission,  or  by  reason  of  his  failure  or 
neglect  to  issue  or  cause  to  be  issued  the  proper  order  or  instructions 
at  the  proper  time,  any  officer  shall  be  detached  or  permitted  to 
remain  detached  in  violation  of  any  of  the  terms  of  this  Act;  but 
nothing  in  this  Act  shall  be  held  to  apply  in  the  case  of  any  officer 
for  such  period  as  shall  be  actually  necessary  for  him,  after  having 
been  relieved  from  detached  service,  to  join  the  organization  or  com- 
mand to  which  he  shall  belong  in  that  branch  in  which  he  shall  hold 
a  permanent  commission;  nor  shall  anything  in  this  Act  be  held  to 
apply  to  the  detachment  or  detail  of  officers  for  duty  in  connection 
with  the  construction  of  the  Panama  Canal  until  after  such  canal 
shall  have  been  formally  opened,  or  in  connection  with  the  Alaska 
Road  Commission  or  the  Alaska  Railroad  or  the  Bureau  of  Insular 
Affairs ;  and  nothing  in  this  Act  shall  prevent  the  redetail  of  officers 
above  the  grade  of  major  to  fill  vacancies  in  the  various  staff  corps 
and  departments  as  provided  for  by  section  twenty-six  of  the  Act  of 
Congress  approved  February  second,  nineteen  hundred  and  one: 
Provided  further,  That  whenever  the  service  record  of  any  field 
officer  is  to  be  ascertained  for  the  purposes  of  this  Act,  all  duty 
actually  performed  by  him  during  the  last  preceding  six  years,  in  a 
grade  below  that  of  major,  in  connection  with  any  statutory  organiza- 
tion of  that  branch  of  the  Army  in  which  he  shall  hold  a  permanent 
commission,  or  as  a  staff  officer  of  any  coast-defense  or  coast-artillery 
district,  shall  be  credited  to  him  as  actual  presence  for  duty  with  a 
command  composed  as  hereinbefore  prescribed:  And  provided  fur- 
ther, That  temporary  duty  of  any  kind  hereafter  performed  Avith 
United  States  troops  in  the  field  for  a  period  or  periods  the  aggregate 
of  which  shall  not  exceed  sixty  days  in  any  one  calendar  year,  and 
duty  hereafter  performed  in  command  of  United  States  army  mine 
planter  by  an  officer  assigned  to  a  company  from  which  this  detach- 
ment is  drawn,  and  duty  hereafter  performed  in  command  of  a 
machine-gun  platoon  or  a  machine-gun  unit,  by  any  officer  who, 
before  assignment  to  such  duty,  shall  have  been  regularly  assigned 
to,  and  shall  have  entered  upon  duty  with,  an  organization  or  a  com- 
mand the  detachment  of  certain  officers  from  which  is  prohibited  by 
the  Act  of  Congress  approved  August  twenty-fourth,  nineteen  hun- 
dred and  twelve,  or  by  this  Act,  shall,  for  the  purposes  of  said  Acts, 
hereafter  be  counted  as  actual  presence  for  duty  with  such  organiza- 
tion or  command.  Act  of  Apr.  27, 1914  (38  Stat.  357). 

DETAILS. 

939.  Details  to  foreign  Governments. — The  consent  of  Congress  is 
hereby  granted  to  the  acceptance  by  officers  of  the  army,  in  the  dis- 
cretion of  the  President,  of  such  military  details  under  the  Govern- 


MILITARY   LAWS   OF   THE   UNITED   STATES.  353 

ments  of  Cuba  and  Panama  as  may  be  requested  by  the  Presidents 
of  these  Republics :  Provided,  That  such  details  shall  not  exceed  five 
in  number:  And  provided  further^  That  no  officer  so  detailed  shall 
receive  any  present,  emolument,  office,  or  title  of  any  kind  whatever 
from  the  Government  of  Cuba  or  Panama.1  Act  of  Apr.  19, 1910  (36 
Stat.  324). 

940.  Detailed  as  Indian  agents. — That  from  and  after  the  passage 
of  this  act  the  President  shall  detail  officers  of  the  United  States 
Army  to  act  as  Indian  agents  at  all  agencies  where  vacancies  from 
any  cause  may  hereafter  occur,  who,  while  acting  as  such  agents, 
shall  be  under  the  orders  and  direction  of  the  Secretary  of  the  In- 
terior, except  at  agencies  where,  in  the  opinion  of  the  President, 
the  public  service  would  be  better-promoted  by  the  appointment  of  a 
civilian.2    Act  of  July  13,  1892  (27  Stat.  120). 

941.  Miscellaneous  provisions  respecting  commissioned  officers. — 
Officers  of  the  Army  of  the  United  States  may  be  detailed  for  service 
as  chief  and  assistant  chiefs,  the  said  assistant  chiefs  not  to  exceed 
in  number  four,  of  the  Philippine  constabulary,  and  that  during  the 
continuance  of  such  details  the  officer  serving  as  chief  shall  have  the 
rank,  pay,  and  allowances  of  brigadier-general,  and  the  officers  serv- 
ing as  assistant  chiefs  shall  have  the  rank,  pay,  and  allowances  oi 
colonel:  Provided,  That  the  difference  between  the  pay  and  allow- 
ances of  brigadier-general  and  colonel,  as  herein  provided,  and  the 
pay  and  allowances  of  the  officers  so  detailed  in  the  grades  from 
which  they  are  detailed  shall  be  paid  out  of  the  Philippine  treasury. 
Sec.  1,  Act  of  Jan.  30, 1903  (32  Stat.  783). 

942.  Active  officers. — The  President  may,  upon  the  applicati6n  of 
any  established  college  or  university  within  the  United  States,  hav- 
ing capacity  to  educate,  at  the  same  time,  not  less  than  one  hundred 
and  fifty  male  students,  detail  an  officer  of  the  Army  to  act  as  presi- 
dent, superintendent,  or  professor  thereof ;  but  the  number  of  officers 
so  detailed  shall  not  exceed  (twenty)   (thirty)  at  any  time,  and  they 

1  Special  details  are  sometimes  made  under  authority  of  Congress.     As  an 
instance  of  such  authorization  the  following  joint  resolution  is  quoted : 

"  That  Captain  John  W.  Gulick,  Coast  Artillery  Corps,  United  States  Army, 
be,  and  he  is  hereby,  permitted  to  accept  from  the  Government  of  the  Republic 
of  Chile  the  position  of  instructor  of  the  Coast  Artillery  of  the  Chilean  Army 
and  the  emoluments,  rights,  and  privileges  pertaining  thereto."  (Joint  resolu- 
tion, May  11,  1912,  37  Stat,  1346.) 

The  authority  for  the  detail  of  military  attache's  is  derived  from  appropria- 
tion acts,  which  allow  certain  funds  for  such  purposes. 

2  See,  for  other  provisions  of  law  respecting  the  detail  of  officers  as  Indian 
agents,  the  chapter  entitled  The  Indians — Indian  Agents — The  Indian  Coun- 
try.   For  other  enactments  authorizing  the  employment  of  officers  on  the  active 
list  on  civil  or  nonmilitary  duty,  see  sections  4653,  4664,  and  4671,  Revised 
Statutes,  authorizing  the  detail  of  officers  on  light-house  duty;  the  act  of  July 
31,  1882   (22  Stat.  181),  authorizing  the  detail  of  an  officer  for  duty  in  con- 
nection with  Indian  education;  section  5  of  the  act  of  August  1,  1890  (26  id., 
337),  authorizing  the  detail  of  an  officer  as  a  member  of  the  Chickamauga  Park 
Commission. 

48985°— 15 23 


354  MILITARY   LAWS   OF   THE   UNITED   STATES. 

shall  be  apportioned  throughout  the  United  States,  as  nearly  as  may 
be  practicable,  according  to  population.  Officers  so  detailed  shall 
be  governed  by  general  rules  prescribed,  from  time  to  time,  by  the 
President.  The  Secretary  of  War  is  authorized  to  issue  at  his  dis- 
cretion and  under  proper  regulations  to  be  prescribed  by  him,  out 
of  any  small  arms  or  pieces  of  field  artillery  belonging  to  the  Gov- 
ernment and  which  can  be  spared  for  that  purpose,  such  number  of 
the  same  as  may  appear  to  be  required  for  military  instruction  and 
practice,  by  the  students  of  any  college  or  university  under  the  pro- 
visions of  this  section;  and  the  Secretary  shall  require  a  bond  in 
each  case,  in  double  the  value  of  the  property,  for  the  care  and  safe- 
keeping thereof,  and  for  the  return  of  the  same  when  required.1  Sec. 

m5,  R.  s. 

943.  From  the  active  list. — The  President  may,  upon  the  appli- 
cation of  any  established  military  institute,  seminary  or  academy, 
college  or  university  within  the  United  States,  having  capacity  to 
educate  at  the  same  time  not  less  than  one  hundred  and  fifty  male 
students,  detail  an  officer  of  the  Army  or  Navy  to  act  as  superin- 
tendent or  professor  thereof;  but  the  number  of  officers  so  detailed 
shall  not  exceed  [fifty]  *  from  the  Army  and  ten  from  the  Navy, 
being  a  maximum  of  sixty  at  any  time,  and  they  shall  be  apportioned 
throughout  the  United  States,  first,  to  those  State  institutions  ap- 
plying for  such  detail  that  are  required  to  provide  instruction  in 
military  tactics  under  the  provisions  of  the  act  of  Congress  of  July 
second,  eighteen  hundred   and  sixty- two,  donating  lands   for  the 
establishment  of  colleges  where  the  leading  object  shall  be  the  prac- 
tical instruction  of  the  industrial  classes  in   agriculture  and  the 
mechanic  arts,  including  military  tactics ;  and  after  that,  said  details 
to  be  distributed,  as  nearly  as  may  be  practicable,  according  to 
population.2    Act  of  Sept.  %6,  1888  (25  Stat.  491). 

944.  Same — Number  of  officers  increased. — Section  twelve  hundred 
and  twenty-five  of  the  Revised  Statutes,  concerning  details  of  offi- 
cers of  the  Army  and  Navy  to  educational  institutions,  is  hereby 

1  The  first  act  authorizing  the  detail  of  officers  at  colleges  was  that  of  July  28, 
1866  (14  Stat.  336),  which  authorized  20  for  detail  to  established  colleges  or 
universities  capable  of  educating  at  one  time  not  less  than  150  male  students. 
The  number  detailed  was  to  be  apportioned  throughout  the  United  States 
according  to  population,  and  the  detail  was  as  president,  superintendent,  or 
professor.  The  act  of  May  4,  1870  (16  Stat.  373),  authorized  the  Secretary  of 
War  to  issue  to  colleges  where  Army  officers  were  detailed  such  small  arms 
or  pieces  of  field  artillery  as  could  be  spared.  The  number  of  officers  detailed 
was  increased  from  20  to  30  by  the  act  of  July  5,  1876  (19  Stat.  74)  ;  to  40  by 
the  act  of  July  5,  1884  (23  Stat.  108).  These  acts  were  consolidated  and  placed 
in  the  Revised  Statutes,  section  1225,  given  above.  The  number  was  changed 
from  50  for  the  Army  and  10  for  the  Navy,  by  act  of  September  26,  1888  (25 
Stat.  491),  to  75  for  the  Army  and  a  total  of  85  for  the  Army  and  Navy,  by 
act  of  January  13,  1891  (26  Stat.  716),  and  to  100  for  the  Army,  and  a  total  of 
110  for  the  Army  and  Navy,  by  act  of  November  3, 1893  (28  Stat.  7). 

As  to  the  detail  of  retired  officers  to  duty  with  colleges,  see  the  following 
paragraphs  942-50.  See  also  paymasters'  manual,  pages  133, 134. 

3  See  paragraph  947,  post,  for  amendment. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  355 

amended  so  as  to  permit  the  President  to  detail  under  the  provisions 
of  said  act  not  to  exceed  one  hundred  officers  of  the  Army  of  the 
United  States;  and  no  officer  shall  be  thus  detailed  who  has  not  had 
five  years'  service  in  the  Army,  and  no  detail  to  such  duty  shall 
extend  for  more  than  four  years,  and  officers  on  the  retired  list  of  the 
Army  may  upon  their  own  application  be  detailed  to  such  duty  and 
when  so  detailed  shall  receive  the  full  pay  of  their  rank,  and  the 
maximum  number  of  officers  of  the  Army  and  Navy  to  be  detailed  at 
any  one  time  under  the  provisions  of  the  act  approved  January 
thirteenth,  eighteen  hundred  and  ninety-one,  amending  section  twelve 
hundred  and  twenty-five  of  the  Revised  Statutes  as  amended  by  an 
act  approved  September  twenty-sixth,  eighteen  hundred  and  eighty- 
eight,  is  hereby  increased  to  one-hundred  and  ten.  Act  of  Nov.  3, 1893 
(28  Stat.  7). 

945.  Details  from  the  retired  list. — Section  twelve  hundred  and 
twenty-five  of  the  Revised  Statutes,  concerning  the  detail  of  officers 
of  the  Army   and  Navy  to  educational   institutions,  be,  and  the 
same  is  hereby,  amended  so  as  to  permit  the  President  to  detail 
under  the  provisions  of  that  act,  and  in  addition  to  the  detail  of 
the  officers  of  the  Army  and  Navy  now  authorized  to  be  detailed 
under  the  existing  provisions  of  said  act,  such  retired  officers  of 
the  Army  and  Navy  of  the  United  States  as  in  his  judgment  may 
be  required  for  that  purpose,  to  act  as  instructors  in  military  drill 
and  tactics  in  schools  in  the  United  States,  where  such  instruction 
shall  have  been  authorized  by  the  educational  authorities  thereof, 
and  where  the  services  of  such  instructors  shall  have  been  applied 
for  by  said  authorities. 

No  detail  shall  be  made  under  this  act  to  any  school  unless  it 
shall  pay  the  cost  of  commutation  of  quarters  of  the  retired  officers 
detailed  thereto  and  the  extra-duty  pay  to  which  the  latter  may  be 
entitled  by  law  to  receive  for  the  performance  of  special  duty: 
Provided,  That  no  detail  shall  be  made  under  the  provisions  of  this 
act  unless  the  officers  to  be  detailed  are  willing  to  accept  such  posi- 
tion without  compensation  from  the  Government  other  than  their 
retired  pay.1  Act  of  Feb.  26, 1901  (31  Stat.  810}. 

946.  Details  from  the  retired  list. — Section  twelve  hundred  and 
twenty-five  of  the  Revised  Statutes,  concerning  the  detail  of  officers 
of  the  Army  and  Navy  to  educational  institutions,  is  hereby,  amend- 
ed so  as  to  permit  the  President  to  detail  under  the  provisions  of 
that  Act,  and  in  addition  to  the  details  of  the  officers  of  the  Army 
and  Navy  now  authorized  to  be  detailed  under  the  existing  pro- 
visions of  said  Act,  such  retired  officers  and  noncommissioned  officers 
of  the  Army  and  Navy  of  the  United  States  as  in  his  judgment  may 
be  required  for  that  purpose  to  act  as  instructors  in  military  drill 

1  See  paragraph  946,  post,  for  amendment. 


356  MILITARY   LAWS   OF   THE   UNITED   STATES. 

and  tactics  in  schools  in  the  United  States  and  Territories  where 
such  instructions  shall  have  been  authorized  by  the  educational  au- 
thorities thereof,  and  where  the  services  of  such  instructors  shall 
have  been  applied  for  by  said  authorities.  No  detail  shall  be  made 
under  this  Act  to  any  school  unless  it  shall  pay  the  cost  of  commuta- 
tion of  quarters  of  the  retired  officers  or  noncommissioned  officers  de- 
tailed thereto  and  the  extra-duty  pay  to  which  they  may  be  entitled 
by  law  to  receive  for  the  performance  of  special  duty:  Provided, 
That  no  detail  shall  be  made  under  the  provisions  of  this  Act  unless 
the  officers  and  noncommissioned  officers  to  be  detailed  are  willing  to 
accept  such  position:  Provided  further,  That  they  shall  receive  no 
compensation  from  the  Government  other  than  their  retired  pay. 
Act  of  Apr.  21, 1904  (33  Stat.  225}. 

947.  Details  to  colleges. — That  the  Act  approved  November  third, 
eighteen  hundred  and  ninety-three,  authorizing  the  detail  'of  officers 
of  the  Army  and  Navy  to  educational  institutions,  be  amended  so  as 
to  provide  that  retired  officers,  when  so  detailed,  shall  receive  the  full 
pay  and  allowances  of  their  rank,  except  that  the  limitations  on  the 
pay  of  officers  of  the  Army  above  the  grade  of  major  as  provided  in 
the  Acts  of  March  second,  nineteen  hundred  and  five,  and  June 
twelfth,  nineteen  hundred  and  six,  shall  remain  in  force.1     Act  of 
Mar.  3, 1909  (35  Stat.  738). 

948.  Detail  as  professor  in  a  college. — Any  retired  officer  may,  on 
his  own  application,  be  detailed  to  serve  as  professor  in  any  college. 
But  while  so  serving,  such  officer  shall  be  allowed  no  additional  com- 
pensation.2   Sec.  1260,  R.  S. 

949.  Detail  of  retired  officers. — Upon  the  application  of  any  college, 
university,  or  institution  of  learning  incorporated  under  the  laws  of 
any  State  within  the  United  States,  having  capacity  at  the  same  time 
to  educate  not  less  than  one  hundred  and  fifty  male  students,  the 
President  may  detail  an  officer  of  the  Army  on  the  retired  list  to  act 
as  president,  superintendent,  or  professor  thereof;  and  such  officer 
may  receive  from  the  institution  to  which  he  may  be  detailed  the 
difference  between  his  retired  and  full  pay,  and  shall  not  receive  any 
additional  pay  or  allowance  from  the  United  States.3    Act  of  May 
4,1880  (21  Stat.  113). 

950.  Detail  of  retired  officers  to  colleges  not  limited. — Nothing  in 
the  act  entitled  "An  act  to  increase  the  number  of  officers  of  the 
Army  to  be  detailed  to  colleges,  approved  November  third,  eighteen 

1  This  paragraph  amends  paragraph  944  and  reaffirms  paragraphs  974  and  975. 

2  See  Monthly  Army  List  and  Directory  as  to  officers  detailed  under  permis- 
sion of  sections  1225  and  1260,  R.  S.,  as  amended.     See  also  Manual  for  the 
Pay  Department,  pages  134-135. 

3  Officers  of  the  Army  on  the  retired  list  who,  upon  their  own  application,  are 
detailed  to  educational  institutions  in  accordance  with  the  provisions  of  the 
act  of  November  3,  1893  (28  Stat.  7),  are  entitled  to  the  full  pay  of  their  rank. 
(4  Comp.  Dec.,  120.) 


MILITAKY   LAWS   OF    THE   UNITED   STATES.  357 

hundred  and  ninety-three,  shall  be  so  construed  as  to  prevent,  limit, 
or  restrict  the  detail  of  retired  officers  of  the  Army  at  institutions  of 
learning  under  the  provisions  of  section  twelve  hundred  and  sixty, 
Revised  Statutes,  and  the  act  making  appropriations  for  the  support 
of  the  Army,  and  so  forth,  approved  May  fourth,  eighteen  hundred 
and  eighty,  nor  to  forbid  the  issue  of  ordnance  and  ordnance  stores, 
as  provided  in  the  act  approved  September  twenty-sixth,  eighteen 
hundred  and  eighty-eight,  amending  section  twelve  hundred  and 
twenty-five,  Revised  Statutes,  to  the  institutions  at  which  retired 
officers  may  be  so  detailed ;  and  said  act  of  November  third,  eighteen 
hundred  and  ninety-three,  and  said  act  of  May  fourth,  eighteen 
hundred  and  eighty,  shall  not  be  construed  to  allow  the  full  pay  of 
their  rank  to  retired  officers-  detailed  under  said  section  twelve 
hundred  and  sixty,  Revised  Statutes,  and  said  act  of  May  fourth, 
eighteen  hundred  and  eighty.1  Act  of  Aug.  6, 189 ^  (28  Stat.  235). 

ISSUES  OF  ORDNANCE. 

951.  Ordnance  stores  for  colleges. — The  Secretary  of  War  is  au- 
thorized to  issue,  at  his  discretion  and  under  proper  regulations  to  be 
prescribed  by  him,  out  of  ordnance  and  ordnance  stores  belonging  to 
the  Government,  and  which  can  be  spared  for  that  purpose,  such 
number  of  the  same  as  may  appear  to  be  required  for  military  in- 
struction and  practice  by  the  students  of  any  college  or  university 
under  the  provisions  of  this  section,  and  the  Secretary  shall  require 
a  bond  in  each  case,  in  double  the  value  of  the  property,  for  the  care 
and  safe  keeping  thereof,  and  for  the  return  of  the  same  when  re- 
quired: Provided,  That  nothing  in  this  act  shall  be  so  construed  as 
to  prevent  the  detail  of  officers  of  the  Engineer  Corps  of  the  Navy  as 
professors  in  scientific  schools  or  colleges  as  now  provided  by  act  of 
Congress  approved  February  twenty-sixth,  eighteen  hundred   and 
eeventy-nine,  entitled  "An  act  to  promote  a  knowledge  of  steam 
engineering  and  iron  shipbuilding  among  the  students  of  scientific 
schools  or  colleges  in  the  United  States ; "  and  the  Secretary  of  War 
is  hereby  authorized  to  issue  ordnance  and  ordnance  stores  belonging 
to  the  Government  on  the  terms  and  conditions  hereinbefore  provided 
to  any  college  or  university  at  which  a  retired  officer  of  the  Army 
may  be  assigned  as  provided  by  section  twelve  hundred  and  sixty  of 
the  Revised  Statutes.1     Act  of  Sept.  26, 1888  (25  Stat.  491). 

952.  Same. — The  Secretary  of  War  is  authorized  to  issue  at  his 
discretion,  and  under  proper  regulations  to  be  prescribed  by  him, 

1This  statute  replaces  section  1225,  Revised  Statutes,  as  amended  by  the  act 
of  July  5,  1884,  "  saving  always,  however,  all  acts  and  things  done  under  the 
said  amended  section  as  heetofore  existing."  The  subject  of  issues  of  ordnance 
and  ordnance  stores  to  colleges  are  given  at  this  place  because  Congress  has 
incorporated  its  legislation  in  regard  thereto  with  acts  governing  the  detail  of 
officers  at  such  institutions. 


358  MILITARY   LAWS   OF   THE   UNITED   STATES. 

out  of  ordnance  and  ordnance  stores  belonging  to  the  Government, 
and  which  can  be  spared  for  that  purpose,  upon  the  approval  of  the 
governors  of  the  respective  States,  such  number  of  the  same  as  may 
be  required  for  military  instruction  and  practice  by  such  school, 
and  the  Secretary  shall  require  a  bond  in  each  case,  for  double  the 
value  of  the  property,  for  the  care  and  safe  keeping  thereof,  and  for 
the  return  of  the  same  when  required.1  Act  of  Feb.  26,  1901,  (31 
Stat.  810). 

953.  Issues  of  ordnance  and  ordnance  stores. — The  Secretary  of 
War  is  authorized  to  issue  at  his  discretion,  and  under  proper  regu- 
lations to  be  prescribed  by  him,  out  of  ordnance  and  ordnance  stores 
belonging  to  the  Government,  and  which  can  be  spared  for  that 
purpose,  upon  the  approval  of  the  governors  of  the  respective  States 
and  Territories,  such  number  of  the  same  as  may  be  required  for 
military  instruction  and  practice  by  such  school,  and  the  Secretary 
shall  require  a  bond  in  each  case,  for  double  the  value  of  the  prop- 
erty, for  the  care  and  safe-keeping  thereof  and  for  the  return  of  the 
same  when  required.2    Sec.  3,  Act  of  Apr.  21, 1904  (3$  Stat.  226) . 

954.  Same. — The  Secretary  of  War  is  hereby  authorized  to  issue, 
at  his  discretion  and  under  proper  regulations  to  be  prescribed  by 
him,  without  cost  of  transportation  to  the  United  States,  such  obso- 
lete ordnance  and  ordnance  stores  as  may  be  available  to  State  and 
Territorial  educational  institutions  and  to  State  soldiers  and  sailors 
orphans'  homes,  for  purposes  of  drill  and  instruction. 

And  the  Secretary  of  War  shall  require  from  such  institutions  or 
homes  a  bond  in  each  case  in  double  the  value  of  the  property  issued, 
for  the  care  and  safe-keeping  thereof  and  for  the  return  of  the  same 
to  the  United  States  when  required :  Provided,  That  the  issues  herein 
provided  for  shall  be  made  only  to  institutions  upon  recommendation 
of  the  governors  of  States  and  Territories  and  shall  not  be  made  in 
any  case  to  any  educational  institution  to  which  issues  of  such  stores 
are  allowed  to  be  made  under  provisions  of  existing  law.3  Act  of 
June  30, 1906  (34  Stat.  817). 

955.  Same. — Ammunition,  targets,  and  other  accessories  for  small- 
arms  and  machine-gun  target  practice  and  instruction;  marksmen's 
medals,  prize  arms,  and  insignia  for  all  arms  of  the  service;  and 
ammunition,  targets,  target  material,  and  other  accessories  may  be 
issued  for  small-arms  target  practice  and  instruction  at  the  educa- 
tional institutions  and  state  soliders'  and  sailors'  orphans'  homes, 
to  which  issues  of  small  arms  are  lawfully  made,  under  such  regula- 

1  Section  4  of  the  above  enactment  contained  a  clause  giving  immediate  effect 
to  the  statute.  For  other  statutes  regulating  the  detail  of  retired  officers  at 
colleges  see  the  paragraphs  945-950,  ante. 

"This  paragraph  takes  the  place  of  paragraph  952. 

1  See  paragraphs  849,  850,  and  953. 


MILITARY  LAWS  OF   THE   UNITED  STATES.  359 

tions  as  the  Secretary  of  War  may  prescribe,  provided  the  total  value 
of  the  stores  so  issued  to  the  educational  institutions  does  not  exceed 
thirty  thousand  dollars.1  Act  of  Mar.  3, 1911  (36  Stat.  1057). 

956.  Assignment  to  duty  at  Soldiers'  Home. — Retired  officers  of  the 
Army  may  be  assigned  to  duty  at  the  Soldiers'  Home,  upon  a  selec- 
tion by  the  commissioners  of  that  institution,  approved  by  the  Secre- 
tary of  War ;  and  a  retired  officer  shall  not  be  assignable  to  any  other 
duty:  Provided,  That  they  receive  from  the  Government  only  the 
pay  and  emoluments  allowed  by  law  to  retired  officers.2    Sec.  1259, 
R.S. 

957.  Miscellaneous  provisions. — In  addition  to  the  detail  of  retired 
officers  now  authorized  by  law,  it  shall  hereafter  be  lawful  for  the 
Secretary  of  War  to  detail,  whenever  in  his  judgment  the  public 
interests  require  it,  not  exceeding  twenty  retired  officers  for  service 
in  connection  with  the  organized  militia  in  the  States  or  Territories, 
upon  the  request  of  the  governor  thereof,  and  such  retired  officers 
shall  be  entitled,  while  so  employed,  to  receive  the  full  pay  and  allow- 
ances of  their  respective  grades.    Act  of  Mar.  2,  1903  (32  Stat.  932). 

958.  Details   for   various    duties. — The    Secretary    of   War   may 
assign  retired  officers  of  the  Army,  with  their  consent,  to  active  duty 
in  recruiting,  for  service  in  connection  with  the  organized  militia  in 
the  several  States  and  Territories  upon  the  request  of  the  governor 
thereof,  as  military  attaches,  upon  courts-martial,  courts  of  inquiry 
and  boards,  and  to  staff  duties  not  involving  service  with  troops; 
and  such  officers  while  so  assigned  shall  receive  the  full  pay  and 
allowances  of  their  respective  grades.     Act  of  Apr.  23,  190 %   (33 
Stat.  26 4). 

959.  Adjutant-General  of  District  militia. — The  President  of  the 
United  States  may  detail  as  Adjutant-General  of  the  District  of 

1  See  paragraphs  953  and  954. 

aA  retired  Army  officer  is  not  prohibited  by  law  from  holding  office  in  an 
executive  department,  nor  from  receiving  the  salary  thereof  in  addition  to  his 
retired  pay.  (Collins  v.  U.  S.,  15  Ct.  Cls.,  22;  Meigs  v.  U.  S.,  19  Ct.  Cls.,  497.) 
A  retired  officer  may  be  employed  by  the  War  Department.  (Yates  v.  U.  S.,  25 
Ct.  Cls.,  296.)  See  in  this  connection  the  act  of  July  31,  1894  (28  Stat.  205), 
which  permits  retired  officers  to  hold  office  to  which  they  have  been  elected  by 
the  people  or  appointed  by  the  President  with  the  advice  and  consent  of  the 
Senate.  See  also  section  7  of  the  act  of  June  3,  1896  (29  Stat.  235),  which 
contains  the  requirement  "  that  section  2  of  the  act  of  July  31,  1894  (28  Stat. 
205),  shall  not  be  so  constructed  as  to  prevent  the  employment  of  any  retired 
officer  of  the  Army  OF  Navy  to  do  work  under  the  direction  of  the  Chief  of 
Engineers  of  the  United  States  Army  in  connection  with  the  improvement  of 
rivers  and  harbors  of  the  United  States,  or  the  payment  by  the  proper  officer  of 
the  Treasury  of  any  amounts  agreed  upon  as  compensation  for  such  employ- 
ment." This  provision  operates  to  exempt  from  the  terms  of  the  act  of  July  31, 
1894  (sec.  1763,  R.  S.),  all  retired  officers  of  the  Army  or  Navy  who  may  be 
employed  by  the  Engineer  Department  upon  works  of  river  and  harbor  improve- 
ment. 

A  retired  officer  of  the  Army  "  holds  a  lucrative  office,"  and  so  is  ineligible, 
under  the  constitution  of  Texas,  to  hold  civil  office  in  that  State.  State  v. 
De  Gress,  53  Texas,  387.  See,  also,  Hill  v.  Territory,  2  Wash.,  147.) 


360  MILITARY   LAWS   OF   THE   UNITED   STATES. 

Columbia  Militia  any  retired  officer  of  the  Army  who  may  be  nomi- 
nated to  the  President  by  the  Brigadier-General  commanding  the 
District  of  Columbia  Militia,  said  retired  officer  while  so  detailed  to 
have  the  active  service  pay  and  allowances  of  his  rank  in  the  Regular 
Army.  Act  of  June  6,  1900  (31  Stat.  671). 

960.  Ineligible  for  civil  office  in  any  Territory. — No  person  belong- 
ing to  the  Army  or  Navy  shall  be  elected  to  or  hold  any  civil  office  or 
appointment 1  in  any  Territory,2  except  officers  of  the  Army  on  the 
retired  list.3    Sec.  1860,  R.  8. 

961.  Employment  of  retired  officers  in  time  of  war. — In  time  of  war 
retired  officers  of  the  Army  may,  in  the  discretion  of  the  President, 
be  employed  on  active  duty,  other  than  in  the  command  of  troops, 
and  when  so  employed  they  shall  receive  the  full  pay  and  allowances 
of  their  grades.    Sec.  7,  Act  of  Mar.  2,  1899  (30  Stat.  979). 

RETIREMENT   OF    OFFICERS.4 

962.  Retirement  upon  officers  own  application  after  40  years'  serv- 
ice.— When  an  officer  has  served  forty  consecutive  years  as  a  com- 
missioned officer,  he  shall,  if  he  makes  application  therefor  to  the 
President,  be  retired  from  active  service  and  placed  upon  the  retired 
list.    When  an  officer  has  been  thirty  years  in  the  service,  he  may, 
upon  his  own  application,  in  the  discretion  of  the  President,  be  so 
retired,  and  placed  on  the  retired  list.    Sec.  121$,  R.  S. 

1 A  retired  officer  of  the  Army  is  not  ineligible  to  hold  an  appointment  to  a 
civil  office.  (XIX  Opin.  Att.  Gen.,  283;  XV  id.,  306;  Meigs  v.  U.  S.,  19  Ct.  Cls., 
497 ;  Converse  v.  U.  S.,  21  How.,  464 ;  U.  S.  v.  Brindle,  110  U.  S.,  688 ;  U.  S.  v. 
Saunders,  120  U.  S.,  126.) 

2  The  Constitution,  and,  except  as  otherwise  provided,  all  the  laws  of  the 
United  States,  including  laws  carrying  general  appropriations  which  are  not 
locally  inapplicable,  shall  have  the  same  force  and  effect  within  the  said  Ter- 
ritory as  elsewhere  in  the  United  States :  Provided,  That  sections  eighteen 
hundred  and  forty-one  to  eighteen  hundred  and  ninety-one,  inclusive,  nineteen 
hundred  and  ten  and  nineteen  hundred  and  twelve,  of  the  Revised  Statutes, 
and  the  amendments  thereto,  and  an  act  entitled  "An  act  to  prohibit  the  pas- 
sage of  local  or  special  laws  in  the  Territories  of  the  United  States,  to  limit 
territorial  indebtedness,  and  for  other  purposes,"  approved  July  thirtieth,  eight- 
een hundred  and  eighty-six,  and  the  amendments  thereto,  shall  not  apply  to 
Hawaii.  (Sec.  1,  act  of  May  27,  1910,  36  Stat.  443.) 

8  This  provision  amends  section  5  of  the  act  entitled  "An  act  to  provide  a 
government  for  the  Territory  of  Hawaii,"  approved  April  thirteen,  nineteen 
hundred. 

*  It  is  the  practice  of  the  War  Department  to  carry  on  the  unlimited  list  the 
following  officers : 

First.  Those  retired  on  reaching  64  years  of  age. 

Second.  Those  retired  on  their  own  application  after  40  years'  service. 

Third.  Those  previously  on  the  limited  list  who  have  reached  the  age  of  64. 

Fourth.  Those  retired  on  approved  findings  of  examination  board  for  promo- 
tion. 

Officers  placed  on  the  retired  list  by  special  acts  of  Congress  are  carried  on 
neither  the  limited  nor  unlimited  lists.  There  is  usually  a  provision  in  such  acts 
extending  the  limited  list  for  each  individual  case.  Such  officers  are  carried 
under  the  head  of  retired  [under  special  acts  of  Congress].  (See  pp.  580  and 
581,  Army  Register  for  1914.)  By  so  doing  the  authorized  number  on  the 
limited  lists  stands  at  350  without  reference  to  the  number  retired  by  special 
acts. 


MILITARY   LAWS  OF   THE   UNITED  STATES.  361 

963.  Retirement  at  discretion  of  President  after  45  years'1  service, 
or  at  the  age  of  62. — When  any  officer  has  served  forty-five  years  as 
a  commissioned  officer,  or  is  sixty-two  years  old,  he  may  be  retired 
from  active  service  at  the  discretion  of  the  President    Sec.  1244,  R-  S. 

964.  The  same;  compulsory  retirement  at  age  64. — On  and  after  the 
passage  of  this  act  when  an  officer  has  served  forty  years  either  as 
an  officer  or  soldier  in  the  regular  or  volunteer  service,  or  both,  he 
shall,  if  he  make  application  therefor  to  the  President,  be  retired 
from  active  service  and  placed  on  the  retired  list,  and,  when  an 
officer  is  sixty-four  years  of  age,  he  shall  be  retired  from  active 
service  and  placed  on  the  retired  list:  Provided,  further,  That  the 
General  of  the  Army,  when  retired,  shall  be  retired  without  reduc- 
tion in  his  current  pay  and  allowances ;  and  no  act  now  in  force  shall 
be  so  construed  as  to  limit  or  restrict  the  retirement  of  officers  as 
herein  provided  for.    Act  of  June  30, 1882  (22  Stat.  118). 

965.  Unlimited  retired  list. — Nothing  contained  in  the  act  making 
appropriations  for  the  support  of  the  Army  for  the  fiscal  year  end- 
ing June  thirtieth,  eighteen  hundred   and  eighty-three,  approved 
June  thirtieth,  eighteen  hundred  and  eighty-two,  shall  be  so  con- 
strued as  to  prevent,  limit,  or  restrict  retirements  from  active  service 
in  the  Army,  as  authorized  by  law  in  force  at  the  date  of  the  approval 
of  said  act,  retirements  under  the  provisions  of  said  act  of  June 
thirtieth,  eighteen   hundred  and  eighty-two,  being  in   addition  to 
those   theretofore    authorized    by   law.     Act   of  Mar.   3,   1883    (22 
Stat.  457). 

966.  Retired  list. — The  whole  number  of  officers  of  the  Army  on  the 
retired  list  shall  not  at  any  time  exceed  three  hundred  and  fifty,  and 
yny  less  number  to  be  allowed  thereon  may  be  fixed  by  the  President 
in  his  discretion.1    Sec.  1258,  R.  S.,  as  amended  ~by  Act  of  Feb.  16, 
1891  (26  Stat.  763}. 

967.  Transfer  from  limited  to  unlimited  list. — When  officers  who 
have  been  placed  on  the  limited  retired  list  as  established  by  section 
seven,  chapter  two  hundred  and  sixty-three,  page  one  hundred  and 
fifty,  volume  twenty,  United  States  Statutes  at  Large,  shall  have 
attained  the  age  of  sixty-four  years  they  shall  be  transferred  from 
said  limited  retired  list  to  the  unlimited  list  of  officers  retired  by 
operation  of  law  because  of  having  attained  said  age  of  sixty-four 

lrThe  limited  retired  list  was  established  by  section  16,  of  the  act  of  August  3, 
1861  (12  Stat.  289),  which  provided  that  the  number  of  officers  retired  in  ac- 
cordance with  the  authority  conferred  by  the  act  should  not,  at  any  time,  ex- 
ceed 7  per  cent  of  the  whole  number  of  officers  of  the  Army  as  fixed  by  law. 
By  section  5,  of  the  act  of  July  15,  1870  (16  Stat  317,  sec.  1258,  R.  S.),  the 
number  of  officers  to  be  borne  upon  the  retired  list  was  to  be  determined  by 
the  President,  in  his  discretion,  but  was  not  to  exceed  300.  By  section  7,  of  the 
act  of  July  17,  1878  (20  Stat.  150),  the  number  of  retired  officers  was  increased 
to  400.  By  the  act  of  February  16,  1891  (26  Stat.  763),  the  number  was  re- 
duced and  fixed  at  350,  the  number  now  authorized  by  law.  For  statutes  in 
relation  to  the  retirement  of  officers  found  physically  disqualified  for  promotion 
by  boards  of  examination  see  paragraphs  930  and  931,  ante. 


362  MILITARY   LAWS  OF   THE   UNITED  STATES. 

years.  And  the  limited  retired  list  shall  hereafter  consist  of  three  - 
hundred  and  fifty  instead  of  four  hundred,  as  now  fixed  by  law: 
Provided,  That  officers  who  have  been  placed  on  the  retired  list  by 
special  authority  of  Congress  shall  not  form  part  of  the  limited 
retired  list  established  by  this  act.  Act  of  Feb.  16,  1891  (26  Stat. 
763). 

968.  Retirement  for  disability. — When  any  officer  has  become  in- 
capable of  performing  the  duties  of  his  office,  he  shall  be  either 
retired  from  active  service,  or  wholly  retired  from  the  service,  by  the 
President,  as  hereinafter  provided.1    Sec.  1245,  R.  S. 

969.  Special  advancement  in  grade. — Any  officer  of  the  Army  below 
the  grkde    of  brigadier-general  who  served  with  credit  as  an  officer 
or  as  an  enlisted  man  in  the  regular  or  volunteer  forces  during  the 
civil  war  prior  to  April  ninth,  eighteen  hundred  and  sixty-five,  other- 
wise than  as  a  cadet,  and  whose  name  is  borne  on  the  official  register 
of  the  Army,  and  who  has  heretofore  been,  or  may  hereafter  be, 
retired  on  account  of  wounds  or  disability  incident  to  the  service,  or 
on  account  of  age  or  after  forty  years'  service,  may,  in  the  discretion 
of  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
be  placed  on  the  retired  list  of  the  Army  with  the  rank  and  retired 
pay  of  one  grade  above  that  actually  held  by  him  at  the  time  of 
retirement:  Provided,  That  this  Act  shall  not  apply  to  any  officer 
who  received  an  advance  of  grade  since  the  date  of  his  retirement 
or  who  has  been  restored  to  the  Army  and  placed  on  the  retired  list 
by  virtue  of  the  provisions  of  a  special  Act  of  Congress.     Act  of  Apr. 
23,  1904  (33  Stat.  264). 

970.  Same. — Officers  who  served  creditably  in  the  regular  or  vol- 
unteer forces  during  the  civil  war  prior  to  April  ninth,  eighteen 
hundred  and  sixty-five,  and  who  now  hold  the  rank  of  brigadier- 
general  on  the  active  list  of  the  Army,  having  previously  held  that 
rank  for  three  years  or  more,  shall,  when  retired  from  active  service, 
have  the  rank  and  retired  pay  of  major-general.    Act  of  Mar.  2, 1907 
(34  Stat.  1163). 

971.  Same. — Commissioned  officers  of  the  Army,  Navy,  and  Marine 
Corps  on  the  retired  list  whose  rank  has  been  or  shall  hereafter  be 
advanced  by  operation  of  or  in  accordance  with  law  shall  be  entitled 
to  and  shall  receive  commissions  in  accordance  with  such  advanced 
rank.    Act  of  Mar.  4, 1911  (36  Stat.  1354). 

972.  General  officers. — Hereafter  no  officer  holding  a  rank  above 
that  of  colonel  shall  be  retired  except  for  disability  or  on  account  of 
having  reached  the  age  of  sixty-four  years  until  he  shall  have  served 
at  least  one  year  in  such  rank.2    Act  of  June  12, 1906  (34  Stat.  %45). 

1  For  the  sections  providing  method  of  procedure  see  paragraph  982,  post. 

a  See  paragraph  655,  ante,  as  to  section  7,  Act  of  June  18,  1878  (20  Stat.  150), 
providing  that  volunteer  service  shall  be  counted  in  computing  service  for 
longevity  pay  and  retirement. 


MILITARY    LAWS   OP   THE   UNITED   STATES.  363 

973.  Head  of  a  staff  department. — Any  officer  now  holding  office 
in  any  corps  or  department  who  shall  hereafter  serve  as  chief  of  a 
staff  corps  or  department  and  shall  subsequently  be  retired,  shall  be 
retired  with  the  rank,  pay,  and  allowances  authorized  by  law  for  the 
retirement  of  such  corps  or  department  chief.    Sec.  86,  Act  of  Feb. 
2,1901  (31  Stat.755). 

974.  Limitation  to  retired  pay  above  grade  of  major. — Retired 
officers  of  the  Army  above  the  grade  of  major,  heretofore  or  here- 
after assigned  to  active  duty,  shall  hereafter  receive  their  full  retired 
pay  and  shall  receive  no  further  pay  or  allowances  from  the  United 
States.    Act  of  Mar.  2, 1905  (33  Stat.  831). 

975.  Pay  and  allowances  on  active  duty. — A  colonel  or  lieutenant- 
colonel  heretofore  or  hereafter  assigned  to  active  duty  shall  hereafter 
receive  the  same  pay  and  allowances  as  a  retired  major  would  receive 
under  a  like  assignment.    Act  of  June  12, 1906  (34  Stat.  &45). 

RETIRING  BOARDS. 

976.  Composition  of  retiring  board. — The  Secretary  of  War,  under 
the  direction  of  the  President,  shall,  from  time  to  time,  assemble  an 
Army  retiring  board,  consisting  of  not  more  than  nine  nor  less  than 
five  officers,  two-fifths  of  whom  shall  be  selected  from  the  Medical 
Corps.     The  board,  excepting  the  officer  selected  from  the  Medical 
Corps,  shall  be  composed,  as  far  as  may  be,  of  seniors  in  rank  to  the 
officer  whose  disability  is  inquired  of.1    Sec.  1%46,  R-  S. 

977.  Oath  of  members. — The  members  of  said  board  shall  be  sworn 
in  every  case  to  discharge  their  duties  honestly  and  impartially.    Sec. 
1247,  R.  S. 

978.  Powers  and  duties. — A  retiring  board  may  inquire  into  and 
determine  the  facts  touching  the  nature  and  occasion  of  the  disability 
of  any  officer  who  appears  to  be  incapable  of  performing  the  duties 
of  his  office,  and  shall  have  such  powers  of  a  court-martial  and  of  a 
court  of  inquiry  as  may  be  necessary  for  that  purpose.    Sec.  1248, 
R.S. 

979.  Findings. — When  the  board  finds  an  officer  incapacitated  for 
active  service,  it  shall  also  find  and  report  the  cause  which,  in  its 
judgment,  has  produced  his  incapacity,  and  whether  such  cause  is 
an  incident  of  service.     Sec.  1%49,  R.  S. 

980.  Revision  ~by  the  President. — The  proceedings  and  decision  of 
the  board  shall  be  transmitted  to  the  Secretary  of  War,  and  shall  be 
laid  by  him  before  the  President  for  his  approval  or  disapproval 
and  orders  in  the  case.    Sec.  I860,  R.  S. 

981.  Disability  incident  to  service. — When  a  retiring  board  finds 
that  an  officer  is  incapacitated  for  active  service,  and  that  his  inca- 

1For  decisions  upon  questions  arising  in  connection  with  retiring  boards  see 
Dig.  Op.  J.  A.  G.,  983-991,  edition  of  1912. 


364  MILITAKY  LAWS  OF   THE   UNITED   STATES. 

pacity  is  the  result  of  an  incident  of  service,  and  such  decision  is  ap- 
proved by  the  President,  said  officer  shall  be  retired  from  active  serv- 
ice and  placed  on  the  list  of  retired  officers.  Sec.  1251,  R.  S. 

982.  Disability  not  incident  to  service. — When  the  board  finds  that 
an  officer  is  incapacitated  for  active  service,  and  that  his  incapacity 
is  not  the  result  of  any  incident  of  service,  and  its  decision  is 
approved  by  the  President,1  the  officer  shall  be  retired  from  active 
service,  or  wholly  retired  from  the  service,  as  the  President  may  de- 
termine.   The  names  of  officers  wholly  retired  from  the  service  shall 
be  omitted  from  the  Army  Register.2     Sec.  1252,  R.  S. 

983.  Officers  entitled  to  a  hearing. — Except  in  cases  where  an 
officer  may  be  retired  by  the  President  upon  his  own  application,  or 
by  reason  of  his  having  served  forty-five  years,  or  of  his  being  sixty- 
two  years  old,  no  officer  shall  be  retired  from  active  service,  nor  shall 
an  officer,  in  any  case,  be  wholly  retired  from  the  service,  without  a 
full  and  fair  hearing  before  an  Army  retiring  board,  if,  upon  due 
summons,  he  demands  it.3    Sec.  1253,  R.  S. 

984.  To  be  retired  on  actual  rank. — Officers  hereafter  retired  from 
active  service  shall  be  retired  upon  the  actual  rank  held  by  them  at 
the  date  of  retirement.    Sec.  1251f,  R.  S. 

985.  Officers  retired  on  actual  rank. — That  all  officers  of  the  Army 
who  have  been  heretofore  retired  by  reason  of  disability  arising 
from  wounds  received  in  action  shall  be  considered  as  retired  upon 
the  actual  rank  held  by  them,  whether  in  the  regular  or  volunteer 
service,  at  the  time  when  such  wound  was  received,  and  shall  be 
borne  on  the  retired  list  and  receive  pay  hereafter  accordingly; 
and  this  section  shall  be  taken  and  construed  to  include  those  now 
borne  on  the  retired  list  placed  upon  it  on  account  of  wounds  re- 
ceived in  action:  Provided,  That  no  part  of  the  foregoing  act  shall 

1  The  finding  of  a  retiring  board,  approved  by  the  President,  is  conclusive  as 
to  the  facts.    The  board  finds  the  facts  and  the  President  approves  or  disap- 
proves the  finding,  but  the  law  does  not  empower  him  to  modify  the  finding  or 
to  substitute  a  different  one.    There  is  here  a  judicial  power  vested  in  the  two, 
and  not  in  the  President  acting  singly,  and  when  the  power  has  once  been  fully 
exercised  it  is  exhausted  as  to  the  case.     (Dig.  Opin.  J.  A.  G.,  987;  U.  S.  v. 
Burchard,  125  U.  S.,  179 ;  U.  S.  v.  Miller,  19  Ct.  Cls.,  338. ) 

When  the  President  has  once  acted  upon  the  findings  of  a  retiring  board  his 
power  over  the  case  is  exhausted  and  his  subsequent  orders  in  respect  to  such 
officer  are  void  for  want  of  authority.  (XIX  Opin.  Att.  Gen.,  202.) 

2  To  be  "  wholly  retired,"  in  accordance  with  the  terms  of  this  section,  is  to 
be  put  out  of  the  Army  and  out  of  office.     An  officer  wholly  retired  becomes  a 
civilian,   and  can  be  readmitted  to  the  service  only  by  a  new  appointment. 
(Miller  v.  U.  S.,  19  Ct.  Cls.,  338.) 

*  When  the  President  approves  and  acts  upon  the  report  of  a  retiring  board 
he  thereby  determines  that  the  officer  has  had  a  full  and  fair  hearing.  (Miller 
v.  U.  S.,  19  Ct.  Cls.,  338.  But  see  XVI  Att.  Gen.  Opin.,  20.) 

An  officer,  on  being  wholly  retired,  becomes  a  civilian,  and  can  be  readmitted 
to  the  service  only  by  a  new  appointment.  But  he  can  not  be  appointed  at  once 
to  the  retired  list.  A  civilian  can  not  be  appointed  as  a  retired  officer.  He  must 
first  be  appointed  an  officer  on  the  active  list,  of  a  certain  rank.  None  but  a 
commissioned  officer  on  the  active  list  of  the  Army  can  be  placed  on  the  retired 
list.  (XIX  Opin.  Att.  Gen.,  202.) 


MILITARY    LAWS   OF   THE   UNITED   STATES.  365 

apply  to  those  officers  who  had  been  in  service  as  commissioned 
officers  twenty-five  years  at  the  date  of  their  retirement;  nor  to 
those  retired  officers  who  had  lost  an  arm  or  leg,  or  has  an  arm  or 
leg  permanently  disabled  by  reason  of  resection,  on  account  of 
wounds,  or  both  eyes  by  reason  of  wounds  received  in  battle;  and 
every  such  officer  now  borne  on  the  retired  list  shall  be  continued 
thereon  notwithstanding  the  provisions  of  section  two  chapter  thirty- 
eight  act  of  March  thirty,  eighteen  hundred  and  sixty-eight;  and 
be  it  also  provided,  that  no  retired  officer  shall  be  affected  by  this 
act,  who  has  been  retired  or  may  hereafter  be  retired  on  the  rank 
held  by  him  at  the  time  of  his  retirement.1  Sec.  2,  Act  of  Mar.  3, 
1875  (18  Stat.512). 

986.  Status. — Officers  retired  from  active  service  shall  be  with- 
drawn from  command  and  from  the  line  of  promotion.    Sec.  1255, 
R.S. 

987.  Vacancies  caused  by  retirement. — When  any  officer  in  the  line 
of  promotion  is  retired  from  active  service,  the  next  officer  in  rank 
shall  be  promoted  to  his  place,  according  to  the  established  rules  of 
the  service;  and  the  same  rule  of  promotion  shall  be  applied,  suc- 
cessively, to  the  vacancies  consequent  upon  such  retirement.     Sec. 
1257,  R.  S. 

988.  Rights  and  liabilities. — Officers  retired  from  active  service 
shall  be  entitled  to  wear  the  uniform  of  the  rank  on  which  they  may 
be  retired.    They  shall  continue  to  be  borne  on  the  Army  Register, 
and  shall  be  subject  to  the  rules  and  articles  of  war,  and  to  trial  by 
general  court-martial  for  any  breach  thereof.2    See.  1256,  R.  S. 

989.  Clerks  to  retired  officers  prohibited. — Hereafter  no  allowance 
or  compensation  for  clerks  or  secretaries  of  officials  of  the  United 
States  retired  from  active  service  shall  be  authorized.    Act  of  July 
1, 1898  (30  Stat.  644)  - 

990.  Holding  two  offices  by  persons  receiving  $2,500  forbidden. — 
Retired  officers  excepted. — No  person  who  holds  an  office  the  salary 
or  annual  compensation  attached  to  which  amounts  to  the  sum  of 
two  thousand  five  hundred  dollars  shall  be  appointed  to  or  hold  any 
other  office  to  which  compensation  is  attached  unless  specially  hereto- 
fore or  hereafter  specially  authorized  thereto  by  law;  but  this  shall 

lrThe  act  of  March  3,  1875,  should  be  construed  to  have  a  prospective  effect 
only.  (XIX  Opin.  Att.  Gen.,  610.) 

2  A  retired  officer  is  subject  to  trial  by  court-martial,  and  a  court-martial  has 
jurisdiction  of  offenses  committed  after  the  officer  was  retired.  (Runkle  v. 
U.  S.,  19  Ct.  Cls.,  396.) 

An  officer  on  the  retired  list,  being  as  much  a  part  of  the  Army  as  any  officer 
on  the  active  list,  would  be  subject  to  trial  by  general  court-martial  inde- 
pendently of  the  provision,  specifically  so  subjecting  him,  of  section  1256, 
Revised  Statutes.  (Dig.  Opin.  J.  A.  G.,  par.  2200,  edition  1901.) 

A  retired  officer,  upon  conviction,  may  be  sentenced  similarly  to  an  officer 
on  the  active  list,  except  that  the  punishments  of  suspension  and  loss  of  files  or 
relative  rank  are  not  appropriate  to  the  status  of  a  retired  officer.  ( Id.,  note  2. ) 


366  MILITARY   LAWS   OF   THE   UNITED   STATES. 

not  apply  to  retired  officers  of  the  Army  or  Navy  whenever  they  may 
be  elected  to  public  office  or  whenever  the  President  shall  appoint 
them  to  office,  by  and  with  the  advice  and  consent  of  the  Senate. 
Sec.  2,  Act  of  July  31, 1894  (%8  Stat.  205). 

991.  Restoration  of  dismissed  officers. — No  officer  of  the  Army 
who  has  been  or  may  be  dismissed  from  the  service  by  the  sentence 
of  a  general  court-martial,  formally  approved  by  the  proper  review- 
ing authority,  shall  ever  be  restored  to  the  military  service,  except 
by  a  reappointment  confirmed  by  the  Senate.1    Sec.  1288,  R.  S. 

992.  Officers  dropped  for  desertion. — The  President  is  authorized 
to  drop  from  the  rolls  of  the  Army  for  desertion  any  officer  who  is 
absent  from  duty  three  months  without  leave;   and  no  officer  so 
dropped  shall  be  eligible  for  reappointment.    And  no  officer  in  the 
military  or  naval  service  shall  in  time  of  peace  be  dismissed  from 
service  except  upon  and  in  pursuance  of  the  sentence  of  a  court- 
martial  to  that  effect,  or  in  commutation  thereof.2    Sec.  12%9,  R.  S. 

993.  Same,  amendment. — That  the  President  be,  and  he  is  hereby, 
authorized  to  drop  from  the  rolls  of  the  Army  any  officer  who  is 
absent  from  duty  three  months  without  leave,  or  who  has  been  absent 
in  confinement  in  a  prison  or  penitentiary   for  more  than  three 
months  after  final  conviction  by  a  civil  court  of  competent  jurisdic- 
tion; and  no  officer  so  dropped  shall  be  eligible  for  reappointment.3 
Act  of  Jan.  19,  1911  (36  Stat.  894). 

994.  Officers  dismissed  ~by  President  may  demand  trial. — When 
any  officer,  dismissed  by  order  of  the  President,  makes,  in  writing, 

*The  practical  results  of  this  statute,  in  connection  with  other  provisions  of 
law  bearing  upon  the  subject,  are  these:  That  in  time  of  war  the  President 
may  dismiss  an  officer  from  service  at  any  moment  and  for  any  cause ;  that  in 
time  of  peace  he  may  dismiss  him  for  cause,  with  the  cooperation  of  a  court- 
martial;  or  remove  him  without  cause  with  the  consent  of  the  Senate.  (Street 
v.  U.  S.,  24  Ct.  Cls.,  248;  Blake  v.  U.  S.,  103  U.  S.,  227;  McElrath  v.  U.  S.,  102 
U.  S.,  426;  Fletcher  v.  TL  S.,  26  Ct.  Cls.,  541.) 

The  President  has  the  power  to  remove  an  officer  of  the  Army  by  the  appoint- 
ment of  another  in  his  place,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  such  power  is  not  withdrawn  by  the  provisions  of  section  5  of  the  act  of 
July  13,  1866  (sec.  1229,  R.  S.),  and  this  provision  does  not  restrict  the  power 
of  the  President,  by  and  with  the  advice  and  consent  of  the  Senate,  to  displace 
officers  of  the  Army  and  Navy  by  the  appointment  of  others  in  their  places. 
(Keyes  v.  U.  S.,  109  U.  S.,  336,  339;  Blake  v.  U.  S.,  103  U.  S.,  227;  McElrath  v. 
U.  S.,  103  U.  S.,  426 ;  Mimmack  v.  U.  S.,  97  U.  S.,  426 ;  U.  S.  v.  Corson,  114  U.  S., 
619 ;  Montgomery  v.  U.  S.,  19  Ct.  Cls.,  370 ;  Bonnett  v.  U.  S.,  id.,  379 ;  Palen  v. 
U.  S.,  id.,  389 ;  McBlair  v.  U.  S.,  id.,  528 ;  Vanderslice  v.  U.  S.,  id.,  480 ;  XV  Opin. 
Att.  Gen.,  407.) 

As  to  the  distinction  between  a  removal  from  office  and  the  punishment  of 
dismissal  by  sentence  of  a  general  court-martial,  see  Dig.  Opin.  J.  A.  G.,  819, 
E.  2a. 

2  The  jurisdiction  to  find  and  determine  the  fact  of  desertion,  under  this  sec- 
tion, is  vested  in  the  President  alone,  and  his  decision  thereon  can  not  be  re- 
viewed by  the  courts.  (Newton  v.  U.  S.,  18  Ct.  Cls.,  435.)  The  discharge  of  an 
officer  does  not  relieve  the  Government  from  its  obligations  until  he  is  notified 
of  the  fact  and  actually  discharged  from  service.  (Gould  v.  U.  S.,  19  Ct. 
Cls.,  593.) 

'This  paragraph  amends  section  1229  of  the  Revised  Statutes  as  contained 
In  the  preceding  paragraph. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  367 

an  application  for  trial,  setting  forth,  under  oath,  that  he  has  been 
wrongfully  dismissed,  the  President  shall,  as  soon  as  the  necessities 
of  the  service  may  permit,  convene  a  court-martial,  to  try  such  officer 
on  the  charges  on  which  he  shall  have  been  dismissed.  And  if  a 
court-martial  is  not  so  convened  within  six  months  from  the  pres- 
entation of  such  application  for  trial,  or  if  such  court,  being  con- 
vened, does  not  award  dismissal  or  death  as  the  punishment  of  such 
officer,  the  order  of  dismissal  by  the  President  shall  be  void.1  Sec. 
1230,  R.  S. 

995.  Accepting  or  holding  civil  office. — No  officer  of  the  Army  on 
the  active  list  shall  hold  any  civil  office,  whether  by  election  or  ap- 
pointment, and  every  such  officer  who  accepts  or  exercises  the  func- 
tions of  a  civil  office  shall  thereby  cease  to  be  an  officer  of  the  Army, 
and  his  commission  shall  be  thereby  vacated.2    Sec.  1%%2,  R.  S. 

996.  Duties  upon  which  officers  of  the  Army  are  not  to  be  em- 
ployed.— No  officer  of  the  Army  shall  be  employed  on  civil  works 
or  internal  improvements,  or  be  allowed  to  engage  in  the  service  of 
any  incorporated  company,  or  be  employed  as  acting  paymaster  or 
disbursing  agent  of  the  Indian  Department,  if  such  extra  employ- 
ment requires  that  he  shall  be  separated  from  his  company,  regiment, 
or  corps,  or  if  it  shall  otherwise  interfere  with  the  performance  of 
the  military  duties  proper.     Sec.  122^  R.  $.,  as  amended  by  Act  of 
Feb.  27,  1877  (19  Stat.  24$). 

997.  Accepting  diplomatic  or  consular  office. — Any  officer  of  the 
Army  who  accepts  or  holds  any  appointment  in  the  diplomatic  or 
consular  service  of  the  Government  shall  be  considered  as  having 

lrThis  statute  was  held  by  the  Attorney-General  (XII  Opins.,  4)  not  to  be 
unconstitutional,  in  that  it  was  not  "  obnoxious  to  the  objection  that  it  invades 
or  frustrates  the  power  of  the  President  to  dismiss  an  officer."  More  serious 
objections  to  its  constitutionality  are  believed  to  be:  (1)  That  it  authorizes 
the  subjecting  to  military  trial  of  a  civilian;  (2)  that  in  restoring  an  officer 
to  the  Army  it  substitutes  the  action  of  a  court-martial  for  the  appointing 
power  of  the  President. 

The  statute  does  not  indicate  within  what  period  after  dismissal  the  appli- 
cation for  a  trial  should  be  made.  It  can  only  be  said  that,  in  preferring  it, 
due  diligence  should  be  exercised — that  it  should  be  presented  within  a  reason- 
able time.  Held,  that  a  party  who  (without  any  sufficient  excuse)  delayed  for 
nine  years  to  apply  for  a  trial  under  the  statute  might  well  be  regarded  as 
having  waived  his  right  thereto.  (IV  Opin.  Att.  Gen.,  170;  V  id.,  384.) 

To  take  advantage  of  the  benefit  conferred  by  this  section  the  officer  must 
apply  for  trial  within  a  reasonable  time  after  dismissal,  or  acquiescence  will 
be  presumed.  A  delay  of  nine  yenrs  in  a  particular  case  held  to  create  such 
presumption  of  acquiescence.  (Newton  v.  TJ.  S.,  18  Ct.  Cls.,  ^35;  Germaine  v. 
U.  S.,  26  id.,  383.) 

Where  the  President  is  authorized  by  law  to  reinstate  a  discharged  Army 
officer,  he  may  do  so  without  the  advice  and  consent  of  the  Senate.  (Collins  v. 
U.  S.,  15  Ct.  Cls.,  22.)  For  a  list  of  officers  so  reinstated  see  Collins  case.  (14 
Ct  Cls.,  568,  571.) 

a  Where  an  officer  of  the  Army  was  tendered  a  place  on  a  "  board  of  experts  " 
created  by  a  city  ordinance  to  determine  the  most  durable  and  best  pavement 
for  the  streets  of  a  city,  advised  that,  in  view  of  the  provisions  of  section  1222 
of  the  Revised  Statutes,  the  place  be  not  accepted  by  the  officer,  (XVIII  Opin. 
Att.  Gen.,  11.) 


368  MILITARY    LAWS    OF    THE    UNITED    STATES. 

resigned  his  place  in  the  Army,  and  it  shall  be  filled  as  a  vacancy.1 
Sec.  m3,  R.  S. 

998.  Supernumerary  officers  may,  on  their  own  request,  be  dis- 
charged with  certain  pay. — That  any  officer  who  is  supernumerary 
to  the  permanent  organization  of  the  Army  as  provided  by  law  may, 
at  his  own  request,  be  honorably  discharged  from  the  Army,  and 
shall  thereupon  receive  one  year's  pay  for  each  five  years  of  his 
service,  but  no  officer  shall  receive  more  than  three  year's  pay  in  all. 
Act  of  June  30, 1882  (00  Stat.  118) . 

aThe  act  of  March  30,  1868  (15  Stat.  58),  which  is  embodied  in  section  1223 
of  the  Revised  Statutes,  applied  to  officers  on  the  retired  as  well  as  on  the 
active  list,  and  it  made  the  acceptance  of  the  diplomatic  vacate  the  military 
office  eo  instanti;  the  vacancy  thus  created  necessarily  continuing  until  filled 
in  the  usual  way.  (XIX  Opin.  Att.  Gen.,  610.) 

The  act  of  July  31,  1894  (28  Stat.  205),  paragraph  990,  ante,  does  not 
authorize  a  retired  officer  to  accept  a  position  prohibited  by  this  paragraph. 


CHAPTER 


BREVETS— UNIFORM  AND  TITLE  OF  EX-OFFICERS— 
MEDALS  OF  HONOR— CERTIFICATES  OF  MERIT— FOR- 
EIGN DECORATIONS. 


Brevets :  Par. 

Brevet  rank 999 

Same — for  gallant  service  against 
hostile  Indians 1000 

Same — shall  bear  date  from  par- 
ticular action  or  service 1001 

Same — shall  bear  date  from  pas- 
sage of  act 1002 

Same — to  be  honorary 1003 

Same — only  when  actually  en- 
gaged in  hostilities 1004 

Same — shall  wear  uniform  of 
actual  rank 1005 

Same — shall  be    addressed    by 

,    title  of  actual  rank 1006 

Same — uniform  of  highest  volun- 
teer rank 1007 

Same — uniform  of  highest  regu- 
lar rank 1008 

Same — uniform  of  highest  rank 
in  regulars  or  volunteers  dur- 
ing War  with  Spain 1009 

Discrimination  against  persons 
wearing  uniforms 1010 

Foreign  decorations 1011 

Same — to  be  tendered  through 

Department  of  State 1012 

Medals  of  honor 1013-1017 

Same — President  may  cause  to 
be  issued 1013 


Medals  of  honor — Continued.  par. 

Same — may  be    awarded  after 

separation  from  the  service . . .  1014 
Same — may  be  replaced  when 

lost  or  destroyed 1015 

Same — not  required  to  surrender 

old,  when  replaced  by  new  . .  1016 
Same — josette,  or  knot,  and  rib- 
bon to  be  worn  in  lieu  of  and 

with 1017 

Certificates  of  merit 1018 

Corps  badges  and  insignia  of  socie- 
ties    1019 

Military  society  badges 1020 

Distinctive  badge  adopted  by  Regu- 
lar Army  and  Navy  Union 1021 

Same — adopted  by  Army  and 

Navy  Union 1022 

Same — adopted  by  military  so- 
cieties of  men  who  served  dur- 
ing Spanish-American  War.  .  1023 
Same — adopted  by  military  so- 
cieties of  men  who  served  dur- 
ing Chinese  relief  expedition.  1024 
Same — unlawfully  wearing  in 
the  District  of  Columbia  the 
insignia,  badge,  etc.,  of  the 
military  order  of  the  Loyal 
Legion,  Grand  Army  of  the 
Republic,  etc 1025 


BREVETS. 

999.  Brevet  rank. — The  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  may  in  time  of  war  confer  commissions  by 
brevet  upon  commissioned  officers  of  the  Army  for  distinguished 
conduct  and  public  service  in  presence  of  the  enemy.1  Sec.  1209.  R.  S. 

1  Several  brevet  nominations  were  submitted  to  the  Senate  in  the  Erst  session 
of  the  Fifty-seventh  Congress  (1901-2).  The  Committee  on  Military  Affairs 
submitted  a  report  (S.  Doc.  No.  195,  57th  Cong.,  2d  sess.)  upon  these  nomina- 
tions. The  committee  concluded  that  there  existed  no  authority  of  law  to 
issue  brevet  commissions  in  time  of  peace.  Consequently  «o  Jong  as  section 
1209,  Revised  Statutes,  remains  unchanged  brevet  commissions  will  be  issued 
only  in  time  of  war. 


48985°— 15 


369 


370  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1000.  Same — For  gallant   service   against   hostile   Indians. — The 
President  of  the  United  States  be,  and  he  is  hereby,  authorized  and 
empowered,  at  his  discretion,  to  nominate  and,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  appoint  to  brevet  rank  all  officers 
of  the  United  States  Army  now  on  the  active  or  retired  list  who  by 
their  department  commander,  and  with  the  concurrence  of  the  Com- 
manding General  of  the  Army,  have  been  or  may  be  recommended 
for  gallant  service  in  action  against  hostile  Indians  since  January 
first,  eighteen  hundred  and  sixty-seven.    Sec.  1,  Act  of  Feb.  27,  1890 
(26  Stat.  13). 

1001.  Same — Shall  bear  date  from  particular  action  or  service. — 
Brevet  commissions  shall  bear  date  from  the  particular  action  or 
service  for  which  the  officers  were  brevetted.    Sec.  1<210,  R.  S. 

1002.  Same. — Shall  bear  date  from  passage  of  act. — Such  brevet 
commissions  as  may  be  issued  under  the  provisions  of  this  act  shall 
bear  date  only  from  the  passage  of  this  act:  Provided,  however,  That 
the  date  of  the  particular  heroic  act  for  which  the  officer  is  promoted 
shall  appear  in  his  commission.     Sec.  2,  Act  of  Feb.  27,  1890  (26 
Stat.  13). 

1003.  Same — To  be  honorary. — Brevet  rank  shall  be  considered 
strictly  honorary,  and  shall  confer  no  privilege  of  precedence  or  com- 
mand not  already  provided  for  in  the  statutes  which  embody  the 
rules  and  articles  governing  the  Army  of  the  United  States.    Sec.  3, 
id.,  14. 

1004.  Same — Only  when  actually  engaged  in  hostilities. — Officers 
of  the  Army  shall  only  be  assigned  to  duty  or  command  according  to 
their  brevet  rank  when  actually  engaged  in  hostilities.1    Act  of  Mar. 
3,1883  (22  Stat.  457). 

1005.  Same — Shall  wear  uniform  of  actual  rank. — No  officer  shall 
be  entitled,  on  account  of  having  been  brevetted,  to  wear,  while  on 
duty,  any  uniform  other  than  that  of  his  actual  rank.    Sec.  1212,  R.  S. 

1006.  Same — Shall  be  addressed  by  title  of  actual  rank. — No  officer 
shall  be  addressed  in  orders  or  official  communications  by  any  title 
other  than  that  of  his  actual  rank    Sec.  1212,  R.  S. 

1007.  Same — Uniform  of  highest  volunteer  rank. — All  officers  who 
have  served  during  the  rebellion  as  volunteers  in  the  Army  of  the 
United  States,  and  have  been  honorably  mustered  out  of  the  volunteer 
service,  shall  be  entitled  to  bear  the  official  title,  and,  upon  occasions 
of  ceremony,  to  wear  the  uniform  of  the  highest  grade  they  have  held, 

1  When  an  officer  has  been  duly  assigned  to  duty  or  command  according  to  a 
certain  brevet  rank,  that  rank  becomes  his  actual  military  rank  for  the  period 
of  the  assignment.  He  is  empowered  to  exercise  the  authority  which  belongs 
to  such  rank  under  the  circumstances,  to  wear  the  uniform,  and  to  be  addressed 
by  the  title  of  such  rank,  etc.  Held,  however,  that  a  colonel,  assigned  to  com- 
mand according  to  a  brevet  rank  of  general,  was  not  entitled  to  the  aids-de-camp 
of  a  general  except  by  the  authority  of  the  Secretary  of  War.  (Dig.  Opin. 
J.  A.  G.,  969  B  1,  edition,  1912.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  371 

by  brevet  or  other  commissions,  in  the  volunteer  service.  The  highest 
volunteer  rank  which  has  been  held  by  officers  of  the  Regular  Army 
shall  be  entered,  with  their  names,  respectively,  upon  the  Army  Reg- 
ister. But  these  privileges  shall  not  entitle  any  officer  to  command, 
pay,  or  emoluments.  Sec.  1%%6,  R.  S. 

1008.  Same — Uniform  of  highest  regular  rank. — All  officers  who 
have  served  during  the  rebellion  as  officers  of  the  Regular  Army  of 
the  United  States,  and  have  been  honorably  discharged  or  resigned 
from  the  service,  shall  be  entitled  to  bear  the  official  title,  and,  upon 
occasions  of  ceremony,  to  wear  the  uniform  of  the  highest  grade  they 
have  held,  by  brevet  or  other  commission,  as  is  now  authorized  for 
officers  of  volunteers  by  section  twelve  hundred  and  twenty-six,  Re- 
vised Statutes.    Act  of  Feb.  4^1897  (29  Stat.  511). 

1009.  Same — Uniform  of  highest  rank  in  regulars  or  volunteers 
during  war  with  Spain. — All  officers  who  have  served  during  the 
war  with  Spain,  or  since,  as  officers  of  the  Regular  or  Volunteer 
Army  of  the  United  States,  and  have  been  honorably  discharged 
from  the  service,  by  resignation  or  otherwise,  shall  be  entitled  to 
bear  the  official  title,  and,  upon  occasions  of  ceremony,  to  wear  the 
uniform  of  the  highest  grade  they  have  held  by  brevet  or  other  com- 
mission in  the  regular  or  volunteer  service.    Sec.  3^  Act  of  Feb.  £, 
1901  (31  Stat.  757). 

1010.  Discrimination  against  persons  wearing   uniforms. — Here- 
after no  proprietor,  manager,  or  employee  of  a  theater  or  other 
public  place  of  entertainment  or  amusement  in  the  District  of  Co- 
lumbia, or  in  any  Territory,  the  District  of  Alaska  or  Insular  pos- 
session of  the  United  States,  shall  make,  or  cause  to  be  made,  any 
discrimination  against  any  person  lawfully  wearing  the  uniform  of 
the  Army,  Navy,  Revenue-Cutter  Service  or  Marine  Corps  of  the 
United  States  because  of  that  uniform,  and  any  person  making,  or 
causing  to  be  made,  such  discrimination  shall  be  guilty  of  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  five  hundred  dollars.1 
Act  of  Mar.  1, 1911  (36  Stat.  963) . 

1011.  Foreign  decorations. — That  no  decoration,  or  other  thing  the 
acceptance  of  which  is  authorized  by  this  act,  and  no  decoration 
heretofore  accepted,  or  which  may  hereafter  be  accepted,  by  consent 

1  The  following  States  have  laws  prohibiting  anyone  not  in  military  service 
from  wearing  military  uniforms:  Alabama,  Arizona,  Arkansas,  California,  Con- 
necticut, Florida,  Georgia,  Idaho,  Illinois,  Iowa,  Maine,  Maryland,  Michigan, 
Mississippi,  Missouri,  Montana,  New  Hampshire,  New  Mexico,  New  York, 
North  Dakota,  Oklahoma,  Oregon,  Rhode  Island,  South  Carolina,  South  Dakota, 
Tennessee,  Texas,  Utah,  Washington,  West  Virginia,  and  Wisconsin. 

The  following  States  prohibit  the  wearing  of  National  Guard  uniform  by 
anyone  not  a  member  of  the  Guard :  Colorado,  Massachusetts,  and  Wyoming. 

The  following  States  have  laws  prohibiting  discrimination  against  uniforms: 
Connecticut,  Florida,  Massachusetts,  Minnesota,  New  Hampshire,  New  York, 
Oklahoma,  Pennsylvania,  Rhode  Island,  and  Wyoming. 


372  MILITARY   LAWS   OF    THE   UNITED   STATES. 

of  Congress,  by  any  officer  of  the  United  States,  from  any  foreign 
government,  shall  be  publicly  shown  or  exposed  upon  the  person  of 
the  officer  so  receiving  the  same.  Sec.  #,  Act  of  Jan.  31,  1881  (21 
Stat.  604). 

1012.  Same — To  be  tendered  through  Department  of  State. — That 
hereafter  any  present,  decoration,  or  other  thing  which  shall  be  con- 
ferred or  presented  by  any  foreign  government  to  any  officer  of  the 
United  States,  civil,  naval,  or  military,  shall  be  tendered  through 
the  Department  of  State,  and  not  to  the  individual  in  person,  but 
such  present,  decoration,  or  other  thing  shall  not  be  delivered  by 
the  Department  of  State  unless  so  authorized  by  act  of  Congress. 
Sec.  3,  Id. 

MEDALS  OF  HONOR. 

1013.  Same — President  may  cause  to  be  issued. — That  the  Presi- 
dent cause  to  be  struck,   from  the  dies  recently  prepared  at  the 
United  States  Mint  for  that  purpose,  "medals  of  honor"  additional 
to  those  authorized  by  the  act   (resolution)    of  July  12,  1862,  and 
present  the  same  to  such  officers,  noncommissioned  officers,  and  pri- 
vates as  have  most  distinguished,  or  may  hereafter  most  distinguish 
themselves  in  action.1     Sec.  6,  Act  of  Mar.  3, 1863  (12  Stat.  751). 

1014.  Same — May  be  awarded  after  separation  from  the  service. — 
For  three  thousand  medals  of  honor  to  be  prepared,  with  suitable 
emblematic  devices,  upon  the  design  of  the  medal  of  honor  here- 
tofore issued,  or  upon  an  improved  design,  together  with  appro- 
priate rosettes  or  other  insignia  to  be  worn  in  lieu  of  the  medal,  and 
to  be  presented  by  direction  of  the  President,  and  in  the  name  of 

1  This  provision  was  not  embraced  in  the  Revised  Statutes.  Medals  of  honor 
will  be  awarded  by  the  President  to  officers  and  men  who  most  distinguish 
themselves  in  action.  (Pafs.  182,  183,  and  188,  A.  R,  1913;  see  also  G.  O.  42, 
A.  G.  O.,  1897,  and  G.  O.  135,  A.  G.  O.,  1899.) 

As  section  6  of  the  act  of  March  3,  1863  (12  Stat.  751),  provides  for  the  award 
of  the  medal  of  honor  under  certain  conditions  to  officers,  noncommissioned 
officers,  and  privates  only,  held,  that  it  may  not  be  awarded  for  distinguished 
services  in  action  by  a  contract  or  acting  assistant  surgeon,  who  is  no  longer 
in  the  service.  (Dig.  Opin.  J.  A.  G.,  Ib,  665,  edition,  1912.) 

See  also  20  Opin.  Atty.  Gen.,  421,  in  which  advice  was  given  not  to  grant  the 
medal,  as  when  the  application  was  received,  nearly  28  years  after  the  gallant 
conduct,  there  was  no  official  record  on  file  in  the  War  Department  to  sub- 
stantiate the  claim. 

See  24  Opin.  Atty  Gen.,  580,  in  which  it  is  held  that  the  fact  that  after  the 
application  or  recommendation  is  made  the  applicant  leaves  the  service  does 
not  prevent  the  President  from  making  the  award. 

A  medal  of  honor  is  a  recognition  of  gallantry  which  is  granted  by  authority 
of  Congress  to  such  officers  or  enlisted  men  "  as  have  most  distinguished  them- 
selves in  action."  When  a  medal  is  conferred  there  is  included  in  the  grant 
a  conveyance  of  ownership  of  the  medal,  regarded  as  a  chattel,  which  becomes 
the  property  of  the  grantee  and  is  subject  to  such  disposition  as  he  may  see 
fit  to  make  of  it  as  a  part  of  his  personal  estate,  subject,  however,  to  the 
qualification  that  it  may  be  worn  and  used  as  a  medal  of  honor  only  by  the 
person  upon  whom  it  was  originally  conferred  in  recognition  of  his  military 
services.  (Id.,  Ic,  665.) 


MILITARY    LAWS   OF   THE   UNITED   STATES.  373 

Congress,  to  such  officers,  noncommissioned  officers,  and  privates  as 
have  most  distinguished,  or  may  hereafter  most  distinguish,  them- 
selves by  their  gallantry  in  action,  twelve  thousand  dollars:  Pro- 
vided, That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized 
and  directed  to  use  so  many  of  the  medals  and  rosettes  or  other 
insignia  provided  for  by  this  Act  as  may  be  necessary  to  replace  the 
medals  that  have  been  issued  under  the  joint  resolution  of  Congress 
approved  July  twelfth,  eighteen  hundred  and  sixty-two,  and  section 
six  of  the  Act  of  Congress  approved  March  third,  eighteen  hundred 
and  sixty-three:  And  provided  further,  That  whenever  it  shall 
appear  from  official  records  in  the  War  Department  that  any  officer 
or  enlisted  man  of  the  Army  so  distinguished  himself  in  action  as 
to  entitle  him  to  the  award  of  the  Congressional  medal  of  honor 
under  the  provisions  of  the  sixth  section  of  the  Act  of  Congress 
approved  March  third,  eighteen  hundred  and  sixty-three,  entitled 
"An  Act  making  appropriations  for  the  sundry  civil  expenses  of  the 
Government  for  the  year  ending  June  thirtieth,  eighteen  hundred 
and  sixty-four,  and  for  the  year  ending  the  thirtieth  of  June,  eight- 
een hundred  and  sixty-three,  and  for  other  purposes,"  the  fact  that 
the  person  who  so  distinguished  himself  has  since  become  separated 
from  the  military  service,  or  that  the  award  of  the  medal  to  him 
was  not  specifically  recommended  or  applied  for  while  he  was  in  the 
said  service,  shall  not  be  held  to  prevent  the  award  and  presentation 
of  the  medal  to  such  person  under  the  provisions  of  the  law  herein- 
before cited.1  Act  of  Apr.  23, 1904  (3$  Stat.,  274). 

1015.  Same — May  be  replaced  when  lost  or  destroyed. — That  in  any 
case  where  the  President  of  the  United  States  has  heretofore,  under 
any  Act  or  resolution  of  Congress,  caused  any  medal  to  be  made  and 
presented  to  any  officer  or  person  in  the  United  States  on  account 
of  distinguished  or  meritorious  services,  on  a  proper  showing  made 
by  such  person  to  the  satisfaction  of  the  President  that  such  medal 

lrnie  act  of  April  23,  1904  (33  Stat.  274),  provides,  "Whenever  it  shall  ap- 
pear from  official  records  in  the  War  Department  that  any  officer  or  enlisted 
man  of  the  Army  so  distinguished  himself  in  action  as  to  entitle  him  to  the 
award"  of  the  medal  of  honor  under  the  then  existing  law,  the  award  shall 
not  be  prevented  by  the  fact  that  the  person  has  since  become  sepa rated  from 
military  service,  or  that  it  was  not  recommended  or  applied  for  wliile  he  was 
in  the  service.  Held,  that  the  "official  record"  is  one  that  must  have  been 
made  by  an  officer  of  the  Army  pursuant  to  statute,  regulation,  orders,  or 
custom.  Held,  further,  that  an  oral  recommendation  was  not  fni  "official 
record,"  and,  therefore,  could  not  bo  the  basis  of  the  award  of  a  medal.  (Dig. 
Opin.  J.  A.  G.,  A  2a,  665;  see,  also,  Cir.  22,  1905,  War.  Dept.) 

The  recommendation  for  a  medal  of  honor  was  not  made  until  more  than  a 
year  had  elapsed  after  the  gallant  conduct  upon  which  it  was  based,  i.  e.,  July 
1,  1863.  Held,  that  under  the  legislative  rule  fixed  by  the  act  of  April  23, 
1904  (33  Stat.  274),  if  it  shall  appear  from  the  official  records  in  the  War  De- 
partment that  an  officer  or  enlisted  mvm  has  so  distinguished  himse'f  in  action 
as  to  entitle  him  to  the  award  under  the  act  of  March  3,  1803  (12  Stat.  751), 
the  award  may  be  made.  (Id.,  2d,  666.) 


374  MILITARY   LAWS   OF    THE  UNITED   STATES. 

has  been  lost  or  destroyed  through  no  fault  of  the  beneficiary,  and 
that  diligent  search  has  been  made  therefor,  the  President  is  hereby 
authorized  to  cause  to  be  prepared  and  delivered  to  such  person  a 
duplicate  of  such  medal,  the  cost  of  which  shall  be  paid  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated.1  Joint  resolu- 
tion No.  23  of  Apr.  15, 1904  (33  Stat.  588). 

1016.  Same — Not  required   to   surrender   old  when   replaced   ~by 
new. — The  holders  of  medals  of  honor  under  the  Act  approved  July 
twelfth,  eighteen  hundred  and  sixty-two,  and  section  six  of  the  Act 
approved  March  third,  eighteen  hundred  and  sixty-three,  shall  not 
be  required  to  surrender  such  medals  in  case  such  medals  are  replaced, 
in  pursuance  of  the  provisions  of  the  Act  of  Congress  approved  April 
twenty-third,  nineteen  hundred  and  four;  and  that  wherever  the 
holders  of  such  medals  of  honor  have  surrendered  them,  in  order  to 
receive  the  medals  provided  for  by  said  Act  approved  April  twenty- 
third,  nineteen  hundred  and  four,  such  medals  shall  be  returned  to 
them:  Provided,  That  no  recipient  of  both  medals  shall  wear  both 
medals  at  the  same  time.     Joint  resolution  No.  17  of  Feb.  27,  1907 
(34  Stat.  14®%). 

1017.  Same — Rosette,  or  knot,  and  ribbon  to  Tie  worn  in  lieu  of  and 
with. — The  Secretary  of  War  be,  and  he  is  hereby,  authorized  to 
issue  to  any  person  to  whom  a  medal  of  honor  has  been  awarded, 
or  may  hereafter  be  awarded,  under  the  provisions  of  the  joint  reso- 
lution approved  July  twelfth,  eighteen  hundred  and  sixty-two,  and 
the  act  approved  March  third,  eighteen  hundred  and  sixty-three,  a 
rosette  or  knot  to  be  worn  in  lieu  of  the  medal,  and  a  ribbon  to  be 
worn  with  the  medal ;  said  rosette,  or  knot,  and  ribbon  to  be  each  of 
a  pattern  to  be  prescribed  and  established  by  the  President  of  the 
United  States;  and  any  appropriation  that  may  hereafter  be  avail- 
able for  the  contingent  expenses  of  the  War  Department  is  hereby 
made  available  for  the  purposes  of  this  act:  Provided,  That  when- 
ever a  ribbon  issued  under  the  provisions  of  this  act  shall  have  been 
lost,  destroyed,  or  rendered  unfit  for  use,  without  fault  or  neglect  on 
the  part  of  the  person  to  whom  it  is  issued,  the  Secretary  of  War 
shall  cause  a  new  ribbon  to  be  issued  to  such  person  without  charge 
therf or.    Joint  resolution  No.  51,  May  2, 1896  (29  Stat.  473} . 

1018.  Certificates  of  merit. — When  any  enlisted  man  of  the  Army 
shall  have  distinguished  himself  in  the  service  the  President  may,  at 
the  recommendation  of  the  commanding  officer  of  the  regiment  or 
the  chief  of  the  corps  to  which  such  enlisted  man  belongs,  grant  him 

1  Held,  that  the  President  has  no  authority  under  the  act  of  April  23,  1904 
(33  Stat.  274),  to  refuse  to  replace  a  medal  that  was  awarded  under  the  joint 
resolution  of  July  12,  1862  (12  Stat. '623),  and  the  act  of  March  3,  1863  0  * 
Stat.  751),  when  the  same  is  presented  for  that  purpose  by  its  owner.  (Di  , 
Opin.  J.  A.  G.,  2b,  665.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  375 

a  certificate  of  merit.1    Sec.  1216,  R.  S.,  as  amended  by  Act  of  Mar. 
89,1892  (27  Stat.  12). 

1019.  Corps  badges2  and  insignia  of  societies. — All  persons  who 
have  served  as  officers,  noncommissioned  officers,  privates,  or  other 
enlisted  men  in  the  Regular  Army,  volunteer  or  militia  forces  of  the 
United  States,  during  the  war  of  the  rebellion,  and  have  been  hon- 
orably discharged  from  the  service  or  still  remain  in  the  same,  shall 
be  entitled  to  wear,  on  occasions  of  ceremony,  the  distinctive  Army 
badge  ordered  for  or  adopted  by  the  Army  corps  and  division,  re- 
spectively, in  which  they  served.    Sec.  1227,  R.  S. 

1020.  Military  society  badges. — That  the  distinctive  badges  adopted 
by  militar}^  societies  of  men  who  served  in  the  armies  and  navies  of 
the  United  States  in  the  war  ef  the  Revolution,  the  war  of  eighteen 
hundred  and  twelve,  the  Mexican  war,  and  the  war  of  the  rebellion, 
respectively,  may  be  worn  upon  all  occasions  of  ceremony  by  officers 
and  enlisted  men  of  the  Army  and  Navy  of  the  United  States  who 
are  members  of  said  organizations  in  their  own  right.8    Joint  resolu- 
tion No.  50,  of  Sept.  25, 1890  (26  Stat.  681). 

1021.  Distinctive   badge   adopted   by   Regular  Army   and  Navy 
Union. — That  the  distinctive  badge  adopted  by  the  Regular  Army 
and  Navy  Union  of  the  United  States  may  be  worn,  in  their  own 
right,  upon  all  public  occasions  of  ceremony  by  officers  and  enlisted 
men  in  the  Army  and  Navy  of  the  United  States  who  are  members 
of  said  organization.    Joint  resolution  No.  26,  of  May  11,  1894  (28 
Stat.  583). 

*For  section  2,  act  of  February  9.  1891  (26  Stat.  737),  providing  that  a  certifi- 
cate of  merit  granted  to  an  enlisted  man  for  distinguished  service  shall  entitle 
him,  from  the  date  of  such  service,  to  additional  pay  at  the  rate  of  $2  per  month 
while  he  is  in  the  military  service,  although  such  service  may  not  be  continuous, 
see  paragraph  719,  ante. 

See,  also,  24  Op.  Atty.  Gen.,  127,  Sept.  23,  1902,  and  IX  Comp.  Dec.,  160,  Oct. 
24,  1902. 

In  Bell  V.  U.  S.,  28  Ct.  Cls.,  462,  it  was  held  that  a  soldier  to  whom,  when  a 
member  of  an  infantry  regiment,  had  been  granted  a  certificate  of  merit,  was 
entitled  to  continue  to  receive  the  additional  pay  after  reenlisting  in  the  "  gen- 
eral messenger  service." 

See  McNamara  v.  U.  S.,  28  Ct.  Cls.,  416,  where  it  is  held  that  the  act  of  Feb- 
ruary 9,  1891,  is  retroactive,  and  entitled  the  beneficiary  to  the  additional  pay 
from  the  date  of  the  service  for  which  the  certificate  was  awarded. 

See,  to  a  similar  effect,  the  opinion  of  the  Attorney-General  in  XVI  Opins.,  9; 
also  the  subsequent  G.  O.  28,  Hdqrs.  of  Army,  1878. 

3  See  Dig.  Op.  J.  A.  G.,  668-9  B  1-2.  Also  G.  O.  No.  4,  War  Dept,  1905,  as 
amended  by  G.  O.  129,  1908.  See  also  Cir.  82,  War  Dept.  1908,  and  G.  O.  96  and 
97,  War  Dept.,  1909. 

For  section  1296,  Revised  Statutes,  authorizing  the  President  to  prescribe  the 
uniform  of  the  Army  and  quantity  and  kind  of  clothing  which  shall  be  issued 
annually  to  the  troops  of  the  United  States,  see  paragraph  571,  ante. 

*  Held,  that  the  words  "  in  their  own  right "  which  occur  in  those  laws  which 
authorize  the  wearing  of  certain  society  badges  mean  "  right "  because  of  their 
own  service  or  because  of  their  kinship  to  one  who  had  been  in  the  service. 
(Dig.  Opin.  J.  A.  G.,  A  1,668.) 


376  MILITARY   LAWS  OF   THE  UNITED   STATES. 

1022.  Same — Adopted  by  Army  and  Navy  Union. — The  distinctive 
badge  adopted  by  the  Army  and  Navy  Union  of  the  United  States 
may  be  worn,  in  their  own  right,  upon  all  public  occasions  of  cere- 
mony by  officers  and  enlisted  men  of  the  Army  and  Navy  of  the 
United  States  who  are  members  of  said  organization.    Joint  resolu- 
tion No.  18  of  Mar.  2, 1907  (34  Stat.  1423). 

1023.  Same — Adopted  ~by  military  societies  of  men  who  served  dur- 
ing Spanish- American    War. — The   distinctive  badges   adopted   by 
military  societies  of  men  who  served  in  the  armies  and  navies  of  the 
United  States  during  the  Spanish- American  war  and  the  incident 
insurrection  in  the  Philippines  may  be  worn,  upon  all  occasions  of 
ceremony,  by  officers  and  men  of  the  Army  and  Navy  of  the  United 
States  who  are  members  of  said  organizations  in  their  own  right.1 
Sec.  41,  Act  of  Feb.  to,  1901  (31  Stat.  758}. 

1024.  Same — Adopted  l>y  military  societies  of  men  ivho  served 
during  Chinese  relief  expedition. — The  distinctive  badges  adopted 
by  military  societies  of  men  who  served  in  the  armies  and  navies  of 
the  United  States  during  the  Chinese  relief  expedition  of  nineteen 
hundred  may  be  worn  upon  all  occasions  of  ceremony  by  officers  and 
men  of  the  Army  and  Navy  of  the  United  States  who  are  members 
of  said  organization  in  their  own  right.     Joint  resolution  No.  2  of 
Jan.  12, 1903  (32  Stat.  1229). 

1025.  Same — Unlawfully  wearing  in  the  District  of  Columbia  the 
insignia,  badge,  etc.,  of  the  Military  Order  of  the  Loyal  Legion, 
Grand  Army  of  the  Republic,  etc. — Whoever,  in  the  District  of 
Columbia,  not  being  a  member  of  the  Military  Order  of  the  Loyal 
Legion  of  the  United  States,  of  the  Grand  Army  of  the  Republic, 
of  the  Sons  of  Veterans,  of  the  Woman's  Relief  Corps,  of  the  Union 
Veteran's  Union,  of  the  Union  Veteran  Legion,  of  the  United  Span- 
ish War  Veterans,  of  the  National  Society  of  the  Daughters  of  the 
American  Revolution,  and  not  entitled  under  the  rules  of  the  order 
to  wear  the  same,  willfully  wears  or  uses  the  insignia,  distinctive 
ribbon,  or  badge  of  membership,  rosette,  or  button  thereof,  or  who 
uses  or  wears  the  same  to  obtain  aid  or  assistance  thereby,  shall  be 
punished  by  a  fine  of  not  more  than  twenty  dollars  or  by  imprison- 
ment for  not  more  than  thirty  days,  or  by  both  such  fine  and  im- 
prisonment.   Act  of  Mar.  15, 1906  (3\  Stat.  62) . 

1  An  organization  entitled  "  Batson's  squadron  of  Philippine  cavalry "  was 
formed  from  among  the  civilian  employees  of  the  Quartermaster's  Department 
during  the  Philippine  insurrection.  Its  employment  was  assimilated,  in  all  of 
its  essential  incidents,  to  that  of  the  Philippine  Scouts  and  guides  whose  serv- 
ices are  obtained  by  contract  and  paid  for  out  of  the  appropriation  for  inci- 
dental expenses.  But  the  squadron  was  actually  paid  out  of  insular  funds 
furnished  for  that  purpose  to  the  Quartermaster's  Department.  Held,  there- 
fore, that  the  members  of  that  squadron  are  not  entitled  to  the  Philippine  cam- 
paign badge.  (Dig.  Opin.  J.  A.  G.,  669  B  3.) 


CHAPTER  XXVI. 


ENLISTED  MEN. 


Par. 

Enlistment 1026-1033 

General  qualifications 1026 

Persons  not  to  be  enlisted 1027 

Enlistment  of  minors 1028 

Age,  citizenship 1029 

Term  of  enlistment 1030 

Enlistment   and  enlistment  in 

the  Reserve 1031 

Premium  for  recruits 1032 

Fraudulent  enlistment 1033 

Reenlistment 1034-1035 

Reenlistment 1034 

Period  of  enlistment 1035 

Transfer  of  enlisted  men 1036-1037 

Transfer  from  military  to  naval 

service 1036 

Transfer  to  Hospital  Corps 1037 

Retirement 1038-1042 

Retirement  of  enlisted  men 1038 

War  service  to  count  as  double 

time 1039 

Credit  for  foreign  service 1040 

Same 1041 

Credit  not  to  be  given  for  foreign 
service 1042 

Discharge 1043-1049 

By  purchase 1043 

Dependency  of  parent 1044 

Transportation  on  discharge 1045 

Sea  travel 1046 

Lost  certificate 1047 

Issued  under  true  name 1048 

Suspension  of  dishonorable  dis- 
charge   1040 


Par. 

Desertion 1050-1055 

Rights  of  citizenship  forfeited.  1050 

Certain  exemptions 1051 

Reenlistment  of  deserters  and 
soldiers  whose  last  preceding 
term  of  enlistment  was  not 

honest  and  faithful 1052 

Not  entitled  to  bounty  land . . .  1053 

Forfeiture  of  pension 1054 

Aiding,  persuading,  enticing  to 

desert 1055 

Apprehension    of    deserters  —  re- 
wards    1056-1058 

Who  may  arrest  deserters 1056 

Civil   officers  having  power  to 

arrest 1057 

Civil  officer  or  civilian 1058 

Deceased  soldier 1059-1063 

Settlement^  accounts 1059 

Same   and    Navy   and    Marine 

Corps 1060 

Gratuity 1061-1062 

Expense  of  interment,  etc 1063 

Citizenship 1064-1066 

Aliens  honorably  discharged . . .  1064 

Same  from  Navy 1065 

Naturalization  of  seamen 1066 

Miscellaneous  provisions: 

Exemption  from  arrest  for  debt  1067 

Not  to  be  used  as  servants 1068 

Employment  as  stenographers.    1069 
Remount — detachments  at  re- 
mount depots 1070 


ENLISTMENT. 


1026.  General  qualifications. — Recruits  enlisting  in  the  Army  must 
be  effective  and  able-bodied  men,  and  between  the  ages  of  eighteen 

377 


378  MILITARY  LAWS   OF    THE   UNITED   STATEB. 

and  thirty-five  years,  at  the  time  of  their  enlistment.1     This  limita- 
tion as  to  age  shall  not  apply  to  soldiers  reenlisting.    Sec.  1116,  R.  S. 

1027.  Persons  not  to  ~be  enlisted. — No  minor  under  the  age  of  six- 
teen years,2  no  insane  or  intoxicated  person,  no  deserter  from  the 
military  service  of  the  United  States,  and  no  person  who  has  been 
convicted  of  a  felony  shall  be  enlisted  or  mustered  into  the  military 
service.3    Sec.  1118,  R.  8. 

1028.  Enlistment  of  minors. — No  person  under  the  age  of  twenty- 
one  years  shall  be  enlisted  or  mustered  into  the  military  service  of  the 
United  States  without  the  written  consent  of  his  parents  or  guard- 
ians: Provided,  That  such  minor  has  such  parents  or  guardians  en- 
titled to  his  custody  and  control.    Sec.  1117,  R.  S. 

1029.  Age,  citizenship. — In  time  of  peace  no  person   (except  an 
Indian)  who  is  not  a  citizen  of  the  United  States,  or  who  has  not 
made  legal  declaration  of  his  intention  to  become  a  citizen  of  the 
United  States,  or  who  can  not  speak,  read,  and  write  the  English 
language,  or  who  is  over  thirty-five  years  of  age.  shall  be  enlisted  for 
the  first  enlistment  in  the  Army.4    Sec.  2,  Act  of  Aug.  1,  189 4  (28 
Stat.  216),  as  amended  ly  Sec.  4,  Act  of  Mar.  2, 1899  (30  Stat.  978). 

*The  requirements  of  section  1116,  Re  ised  Statutes,  in  respect  to  the  limits 
of  age  for  recruits  upon  their  original  enlistment  into  the  military  service  have 
been  modified  by  the  act  of  February  27,  1893  (27  Stat.  486),  which  established 
the  superior  limit  at  30  years  in  time  of  peace,  and  by  section  4  of  the  act  of 
March  2,  1899  (30  Stat.  978),  which  fixes  the  limits  of  age  for  original  enlist- 
ments at  from  18  to  35  years. 

Enlistment  is  a  contract,  but  it  is  one  of  those  contracts  which  changes  the 
status,  and  where  that  is  changed  no  breach  of  contract  destroys  the  new  status 
or  relieves  from  the  obligations  which  its  existence  imposes.  *  *  *  By  en- 
listment the  citizen  becomes  a  soldier.  His  relations  to  the  State  and  the  pub- 
lic are  changed.  He  acquires  a  new  status,  with  correlative  rights  and  duties, 
and  although  he  may  violate  his  contract  obligations,  his  status  as  a  soldier  is 
unchanged.  He  can  not  of  his  own  volition  throw  off  the  garments  he  has  once 
put  on,  nor  can  he,  the  State  not  objecting,  renounce  his  relations  and  destroy 
his  status  on  the  plea  that,  if  he  had  disclosed  truthfully  the  facts,  the  other 
party,  the  State,  would  not  have  entered  into  the  new  relations  with  him  or 
permitted  him  to  change  his  status.  (U.  S.  v.  Grimley,  137  U.  S.,  147.) 

See  Dig.  Op.  J.  A.  G.,  chapter  Enlistment,  602-624. 

The  age  of  enlistment  for  minors  in  the  Navy  is  14  years.  (Act  of  Aug.  22, 
1912,  37  Stat.  356.) 

*  As  to  minimum  age  of  enlistment,  see  paragraph  1026,  ante. 

*  The  enlistment  contract  of  a  minor  is  void  when  the  recruit  is  under  16,  with 
or  without  the  consent  of  the  parent.     (In  re  Lawler,  40  Fed.  Rep.,  233.)     It  is 
not  void,  but  voidable  only,  as  to  minors  between  16  and  21.     (U.  S.  v.  Morrissey, 
137  U.  S.,  157.)     It  is  not  voidable  at  the  instance  of  the  minor.     (Id.)     It  is 
voidable  at  the  instance  of  the  parent  or  guardian.     (Com.  v.  Blake,  8  Phil., 
523 ;  Turner  v.  Wright,  5  id.,  296 ;  Menges  v.  Camac,  1  Serg.  and  R.,  87 ;  Hen- 
derson v.  Wright,  id.,  299 ;  Seavey  v.  Seymour,  3  Cliff.,  439 ;  In  re  Cosenow,  37 
Fed.  Rep.,  668;  In  re  Hearn,  32  id.,  141;  In  re  Davison,  21  id.,  618;  U.  S.  v.  Wag- 
ner, 24  id.,  135;  In  re  Dohrendorf,  40  Fed.  Rep.,  148;  In  re  Spencer,  id.,  149; 
In  re  Lawler,  id.,  233;  In  re  Wall,  8  id.,  85.) 

A  minor's  contract  of  enlistment  is  voidable,  not  void,  and  is  not  so  voidable 
at  the  instance  of  the  minor.  If,  after  enlistment,  he  commits  an  offense,  is 
actually  arrested,  and  in  course  of  trial  before  the  contract  is  duly  avoided,  he 
may  be  tried  and  punished.  (In  re  Wall.,  8  Fed.  Rep.,  85;  see  also  Barrett  v. 
Hopkins,  7  id.,  312.) 

4  See  paragraph  849,  Army  Regulations,  1913. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  379 

1030.  Term  of  enlistment. — That  hereafter  all  enlistments  in  the 
Army  shall  be  for  the  term  of  three  years,  and  no  soldier  shall  be 
again  enlisted  in  the  Army  whose  service  during  his  last  preceding 
term  of  enlistment  has  not  been  honest  and  faithful.1    Sec.  8,  Act  of 
Aug.  1,  1894  ($8  Stat.  216). 

1031.  Enlistment  and  enlistment  in  the  reserve. — For  the  purpose 
of  utilizing  as  an  auxiliary  to  the  Army  Reserve  hereinafter  provided 
for  the  services  of  men  who  have  had  experience  and  training  in  the 
Regular  Army,  in  time  of  war  or  when  war  is  imminent,  and  after  the 
President  shall,  by  proclamation,  have  called  upon  honorably  dis- 
charged soldiers  of  the  Regular  Army  to  present  themselves  for 
reenlistment  therein  within  a  specified  period,  subject  to  such  condi- 
tions as  may  be  prescribed  in  said  proclamation,  any  person  who  shall 
have  been  discharged  honorably  from  said  Army,  with  character 
reported  as  at  least  good,  and  who  having  been  found  physically 
qualified  for  the  duties  of  a  soldier,  if  not  over  forty-five  years  of 
age,  shall  reenlist  in  the  line  of  said  Army  or  in  the  Signal  or  Hos- 
pital Corps  thereof  within  the  period  that  shall  be  specified  in  said 
proclamation,  shall  receive  on  so  reenlisting  a  bounty  which  shall 
be  computed  at  the  rate  of  eight  dollars  for  each  month  for  the  first 
year  of  the  period  that  shall  have  elapsed  since  his  last  discharge 
from  the  Regular  Army  and  the  date  of  his  reenlistment  therein 
under  the  terms  of  said  proclamation;  at  the  rate  of  six  dollars  per 
month  for  the  second  year  of  such  period ;  a '.  the  rate  of  four  dollars 
per  month  for  the  third  year  of  such  period ;  and  at  the  rate  of  two 
dollars  per  month  for  any  subsequent  year  of  such  period,  but  no 
bounty  in  excess  of  three  hundred  dollars  shall  be  paid  to  any  person 
under  the  terms  of  this  act. 

And  that  on  and  after  November  first,  nineteen  hundred  arid 
twelve,  all  enlistments  in  the  Regular  Army  shall  be  for  the  term  of 
seven  years,  the  first  four  years  in  the  service  with  the  organizations 
of  which  those  enlisting  shall  form  a  part,  and,  except  as  otherwise 
provided  herein,  the  last  three  years  qn  furlough  and  attached  to  the 
Army  Rererve  hereinafter  provided  for :  Provided,  That  at  the  expi- 
ration of  four  years'  continuous  service  with  such  organizations, 
either  under  a  first  or  any  subsequent  enlistment,  any  soldier  may  be 
reenlisted  for  another  period  of  seven  years,  as  above  provided  for, 

1  The  contract  of  enlistment  is  an  entirety.  If  service  for  any  portion  of  the 
time  is  criminally  omitted  the  pay  and  allowances  for  faithful  services  are  not 
earned.  (Lander  v.  U.  S.,  92  U.  S.,  77.) 

This  section  operates  to  repeal  section  119,  Revised  Statutes,  and  section  2  of 
the  act  of  June  16,  1890  (26  Stat.  187),  which  fixed  the  term  of  enlistment  in 
the  Army  at  five  years,  which  in  turn  has  been  repealed  by  the  act  of  August 
24,  1912  (37  Stat.  590),  paragraph  1031,  post.  As  to  the  reenlistment  of  men 
whose  last  preceding  term  of  enlistment  has  not  been  honest  and  faithful,  see 
paragraph  1052,  post. 


380  MILITARY  LAWS  or  THE  UKITED  STATES. 

in  which  event  he  shall  receive  his  final  discharge  from  his  prior  en- 
listment: Provided  further,  That  any  enlisted  man,  at  the  expiration 
of  three  years'  continuous  service  with  such  organizations,  either 
under  a  first  or  any  subsequent  enlistment,  upon  his  written  applica- 
tion, may  be  furloughed  and  transferred  to  the  Army  Reserve,  in 
the  discretion  of  the  Secretary  of  War,  in  which  event  he  shall  not 
be  entitled  to  reenlist  in  the  service  until  the  expiration  of  his  term 
of  seven  years :  Provided  further,  That  for  all  enlistments  hereafter 
accomplished  under  the  provisions  of  this  act,  four  years  shall  be 
counted  as  an  enlistment  period  in  computing  continuous- service 
pay :  Provided  further,  That  hereafter  the  Army  Reserve  shall  con- 
sist of  all  enlisted  men  who,  after  having  served  not  less  than  four 
years  with  the  organizations  of  which  they  form  a  part,  shall  receive 
furloughs  without  pay  or  allowances  until  the  expiration  of  their 
terms  of  enlistment,  together  with  transportation  in  kind  and  sub- 
sistence as  provided  for  by  this  act  in  the  case  of  discharged  soldiers, 
but  when  any  soldier  is  furloughed  to  the  Reserve  his  accounts  shall 
bt  closed  and  he  shall  be  paid  in  full  to  the  date  such  furlough  be- 
comes effective:  Provided  further,  That  any  enlisted  man,  subject 
to  good  conduct  and  physical  fitness  for  duty,  upon  his  written  appli- 
cation to  that  effect,  shall  have  the  right  of  remaining  with  the 
organization  to  which  he  belongs  until  the  completion  of  his  whole 
enlistment,  without  passing  into  the  Reserve:  Provided  further, 
That  except  upon  reenlistment  after  four  years'  service  or  as  now 
otherwise  provided  for  by  law,  no  enlisted  man  shall  receive  a  final 
discharge  until  the  expiration  of  his  seven-year  term  of  enlistment, 
including  his  term  of  service  in  the  Army  Reserve,  but  any  such  en- 
listed man  may  be  reenlisted  for  a  further  term  of  seven  years  under 
the  same  conditions  in  the  Army  at  large,  or,  in  the  discretion  of 
the  Secretary  of  War,  for  a  term  of  three  years  in  the  Army  Reserve ; 
and  any  person  who  may  have  been  discharged  honorably  from  the 
Regular  Army,  with  character  reported  as  at  least  good,  and  who 
has  been  found  physically  qualified  for  the  duties  of  a  soldier,  if  not 
over  forty-five  years  of  age,  may  be  enlisted  in  the  Army  Reserve 
lor  a  similar  term  of  three  years :  And  provided  further,  That  in  the 
event  of  actual  or  threatened  hostilities  the  President,  when  so  au- 
thorized by  Congress,  may  summon  all  furloughed  soldiers  who  be- 
long to  the  Army  Reserve  to  rejoin  their  respective  organizations, 
and  during  the  continuance  of  their  service  with  such  organizations 
they  shall  receive  the  pay  and  allowances  authorized  by  law  for  sol- 
diers serving  therein,  and  any  enlisted  man  who  shall  have  reenlisted 
in  the  Army  Reserve  shall  receive  during  such  service  the  additional 
pay  now  provided  by  law  for  the  soldiers  of  his  arm  of  the  service 
in  their  second  enlistment  period.  Upon  reporting  for  duty,  and 
being  found  physically  fit  for  service,  they  shall  receive  a  sum  equal 


MILITARY    LAWS   OF   THE   UNITED   STATES.  381 

to  five  dollars  per  month  for  each  month  during  which  they  shall 
have  belonged  to  the  Reserve,  as  well  as  the  actual  cost  of  transpor- 
tation and  subsistence  from  their  homes  to  the  places  at  which  they 
may  be  ordered  to  report  for  duty  under  such  summons.  Sec.  2,  Art 
of  Aug.  24, 1912  (37  Stat.  590). 

1032.  Premium  for  recruit. — A  premium  of  two  dollars  shall  be 
paid  to  any  citizen,  noncommissioned  officer,  or  soldier  for  each  ac- 
cepted recruit  he  may  bring  to  a  recruiting  rendezvous.1    Sec.  11W< 
R.S. 

1033.  Fraudulent    enlistment. — Fraudulent    enlistment,    and    the 
receipt  of  any  pay  or  allowance  thereunder,  is  hereby  declared  a  mili- 
tary offense  and  made  punishable  by  court-martial,  under  the  sixty- 
second  article  of  war.    Sec.  3,  Act  of  July  27, 1892  (27  Stat.  278). 

1034.  Reenlistment. — Hereafter  any  soldier  honorably  discharged 
at  the  termination  of  an  enlistment  period  who  reenlists  within  three 
months   thereafter   shall   be   entitled   to   continuous-service   pay   as 
herein  provided,  which  shall  be  in  addition  to  the  initial  pay  provided 
for  in  this  Act  and  shall  be  as  follows,  namely:  For  those  whose 
initial  pay  as  provided  herein  is  thirty-six  dollars  or  more  an  in- 
crease of  four  dollars  monthly  pay  for  and  during  the  second  enlist- 
ment, and  a  further  increase  of  four  dollars  for  and  during  each  sub- 
sequent enlistment  up  to  and  including  the  seventh,  after  which  the 
pay  shall  remain  as  in  the  seventh  enlistment.    For  those  whose  ini- 
tial pay  as  provided  for  herein  is  eighteen,  twenty-one,  twenty-four, 
or  thirty  dollars,  an  increase  of  three  dollars  monthly  pay  for  and 
during  the  second  enlistment,  and  a  further  increase  of  three  dollars 
for  and  during  each  subsequent  enlistment  up  to  and  including  the 
seventh,  after  which  the  pay  shall  remain  as  in  the  seventh  enlist- 
ment.   For  those  whose  initial  pay  as  provided  for  herein  is  fifteen 
and  sixteen  dollars,  an  increase  of  three  dollars  monthly  pay  for  and 
during  the  second  and  third  enlistments  each,  and  a  further  increase 
of  one  dollar  for  and  during  each  subsequent  enlistment  up  to  and 
including  the  seventh,  after  which  the  pay  shall  remain  as  in  the 
seventh  enlistment.     Act  of  May  11, 1908  (35  Stat.  109) . 

1035.  Period  of  enlistment. — Hereafter  any  soldier  honorably  dis- 
charged at  the  termination  of  his  first  or  any  succeeding  enlistment 
period  who  reenlists  after  the  expiration  of  three  months  shall  be 
regarded  as  in  his  second  enlistment;  that  an  enlistment  shall  not 
be  regarded  as  complete  until  the  soldier  shall  have  made  good  any 
time  lost  during  an  enlistment  period  by  unauthorized  absences  ex- 
ceeding one  day.  but  any  soldier  who  receives  an  honorable  discharge 
for  the  convenience  of  the  Government  after  having  served  more  than 

1  This  statute  is  practically  obsolete.    It  was  last  applied  during  the  rebellion 
of  1861-1865  against  the  United  States. 


382  MILITARY   LAWS   OF    THE   UNITED   STATES. 

half  of  his  enlistment  shall  be  considered  as  having  served  an  enlist- 
ment period  within  the  meaning  of  this  Act;  that  the  present  enlist- 
ment period  of  men  now  in  service  shall  be  determined  by  the  number 
of  years  continuous  service  they  have  had  at  the  date  of  approval  of 
this  Act,  under  existing  laws,  counting  three  years  to  an  enlistment, 
and  the  former  service  entitling  an  enlisted  man  to  reenlisted  pay 
under  existing  laws  shall  be  counted  as  one  enlistment  period.  Id. 

TRANSFER  OF  ENLISTED  MEN. 

1036.  Transfer  from  military  to  naval  service. — Any  person  en- 
listed in  the  military  service  of  the  United  States  may,  on  applica- 
tion to  the  Navy  Department,  approved  by  the  President,  be  trans- 
ferred to  the  Navy  or  Marine  Corps,  to  serve  therein  the  residue  of 
his  term  of  enlistment,  subject  to  the  laws  and  regulations  for  the 
government  of  the  Navy.     But  such  transfer  shall  not  release  him 
from  any  indebtedness  to  the  Government,  nor,  without  the  consent 
of  the  President,  from  any  penalty  incurred  for  a  breach  of  military 
law.1    Sec.lltfl.R.S. 

1037.  Transfers   to  Hospital   Corps. — Any  enlisted   man   in  the 
Army  shall  be  eligible  for  transfer  to  the  Hospital  Corps  as  a  private. 
Sec.  5,  Act  of  Mar.  1, 1887  (24  Stat.  435). 

RETIREMENT. 

1038.  Retirement  of  enlisted  men. — When  an  enlisted  man  shall 
have  served 2  thirty  years  either  in  the  Army,  Navy,  or  Marine  Corps, 
or  in  all,  he  shall,  upon  making  application  to  the  President,  be 
placed  upon  the  retired  list,  with  seventy-five  per  centum  of  the  pay 
and  allowances  he  may  then  be  in  receipt  of,  and  that  said  allow- 
ances shall  be  as  follows:  Nine  dollars  and  fifty  cents  per  month  in 
lieu  of  rations  and  clothing  and  six  dollars  and  twenty-five  cents 
per  month  in  lieu  of  quarters,  fuel,  and  light:  Provided,  That  in 
computing  the  necessary  thirty  years'  time  all  service  in  the  Army, 
Navy,  and  Marine  Corps  shall  be  credited. 

SEC.  2.  That  all  Acts  and  parts  of  Acts,  so  far  as  they  conflict  with 
the  provisions  of  this  Act,  are  hereby  repealed.  Sees.  1  and  #,  Act 
of  Mar.  2,  1907  (34  Stat.  1217). s 

1039.  War  service,  etc.,  to  ~be  computed  as  double  time. — If  said 
enlisted  man  had  war  service  with  the  Army  in  the  field,  or  in  the 
Navy  or  Marine  Corps  in  active  service,  either  as  volunteer  or  reg- 
ular, during  the  war  of  the  rebellion,  such  war  service  shall  be  com- 

1  See  paragraphs  114  and  115,  Army  Regulations,  1913. 

3  As  to  service  as  officers  in  the  Volunteers,  in  the  Porto  Rico  Regiment,  and 
in  the  Philippine  Scouts,  see  paragraphs  709  and  710,  ante. 

"This  act  amended  the  act  of  February  14,  1885  (23  Stat.  305),  which  created 
the  retired  list  for  enlisted  men.  (See  Art.  134,  A.  R.,  1913.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  383 

puted  as  double  time  in  computing  the  thirty  years  necessary  to 
entitle  him  to  be  retired.1     Act  of  Sept.  30, 1890  (26  Stat.  504). 

1040.  Credit  for  foreign  service. — Hereafter  in  computing  length 
of  service  for  retirement,  credit  shall  be  given  the  soldier  for  double 
the  time  of  his  actual  service  in  Porto  Rico,  Cuba,  or  in  the  Philip- 
pine Islands.2    Act  of  May  26, 1900  (31  Stat.  209). 

1041.  Same. — Hereafter  in  computing  the  length  of  service  for 
retirement,  credit  shall  be  given  soldiers  for  double  the  time  of  their 
actual  service  in  China,  Cuba,  the  Philippine  Islands,  the  Island 
of  Guam,  Alaska,  and  Panama ;  but  double  credit  shall  not  be  given 
for  service  hereafter  rendered  in  Porto  Rico  or  the  Territory  of 
Hawaii.     Act  of  Apr.  23, 1904  (33  Stat.  264). 

1042.  Same — Credit  not  to  l>e+.given  in  connection  with  enlistments 
subsequent  to  August  24,  1912. — In  computing  length  of  service  for 
retirement  credit  for  double  time  for  foreign  service  shall  not  be 
given  to  those  who  hereafter  enlist:  And  provided  further,  That 
nothing  in  this  provision  shall  be  so  construed  as  .to  forfeit  credit 
for  double  time  already  accrued.     Act  of  Aug.  24,  1912   (37  Stat. 
575). 

DISCHARGE. 

1043.  Discharge  ~by  purchase. — That  in  time  of  peace  the  President 
may,  in  his  discretion  and  under  such  rules  and  upon  such  condi- 
tions as  he  shall  prescribe,  permit  any  enlisted  man  to  purchase 
his  discharge  from  the  Army.    The  purchase  money  to  be  paid  under 
this  section  shall  be  paid  to  a  paymaster  of  the  Army  and  be  de- 
posited to  the  credit  of  one  or  more  of  the  current  appropriations 
for  the  support  of  the  Army,  to  be  indicated  by  the  Secretary  of  War, 
and  be  available  for  the  payment  of  expenses  incurred  during  the 
fiscal  year  in  which  the  discharge  is  made.3    Sec.  4,  Act  of  June  16, 
1890  (26  Stat.  158). 

'The  act  of  February  14,  1885  (23  Stat.  305),  which  created  the  retired  list 
for  enlisted  men,  was  amended  by  the  act  of  September  30,  1890  (26  Stat.  504), 
by  the  addition  of  the  proviso  permitting  war  service  during  the  war  of  the 
rebellion  to  be  computed  as  double  time  in  computing  the  thirty  years'  service 
necessary  to  entitle  him  to  be  retired. 

It  has  been  held  by  the  Secretary  of  War  that  the  term  "war  service,"  as 
used  in  the  act  of  September  30,  1890,  shall  include  service  rendered  as  a  com- 
missioned officer,  and  that,  for  the  purposes  of  this  statute,  the  war  began  on 
April  15,  1861,  and  ended  on  April  2,  1866,  as  respects  all  theaters  of  operation, 
except  the  State  of  Texas,  and  as  to  that  State  that  the  war  ended  on  April  20, 
1866.  (Circular  No.  2,  H.  Q.  A.,  Mar.  10,  1891.) 

Upon  the  retirement  of  an  enlisted  man  from  active  service  he  is  entitled  to 
transportation  in  kind  to  the  place  of  his  enlistment  or  to  his  home.  Section 
1290,  Revised  Statutes,  does  not  apply  to  enlisted  men  transferred  to  the  re- 
tired list,  in  that  they  are  not  discharged.  (3  Dig.  2d  Comp.  Dec.,  par.  874; 
U.  S.  v.  Tyler,  105  U.  S.,  244.) 

2  See  paragraph  1042,  post. 

*  As  to  discharge  in  general  see  fourth  Article  of  War,  page  581,  post.  See  also 
Army  Regulations,  1913,  article  21,  and  Dig.  Op.  J.  A.  G.,  427^63.  Also  G.  O. 
No.  23,  War  Dept,  March  28,  1913. 

For  return  of  honorable  discharge  see  paragraph  214,  ante. 


384  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1044.  Dependency  of  parent. — In  the  event  of  the  enlistment  of  a 
soldier  in  the  Army  for  the  period  required  by  law,  and  after  the 
expiration  of  one  year  of  service  should  either  of  his  parents  die, 
leaving  the  other  solely  dependent  upon  the  soldier  for  support,  such 
soldier  may,  upon  his  own  application,  be  honorably   discharged 
from  the  service  of  the  United  States  upon  due  proof  being  made 
of  such  condition  to  the  Secretary  of  War.1    Sec.  30,  Act  of  Feb.  8, 

1901  (31  Stat.  756). 

1045.  Transportation  on  discharge. — Hereafter  when  an  enlisted 
man  is  discharged  from  the  service,  except  by  way  of  punishment 
for  an  offense,  he  shall  be  entitled  to  transportation  in  kind  and 
subsistence  from  the  place  of  his  discharge  to  the  place  of  his  en- 
listment, or  to  such  other  place  within  the  continental  limits  of  the 
United  States  as  he  may  select,  to  which  the  distance  is  no  greater 
than  from  the  place  of  discharge  to  place  of  enlistment;  but  if  the 
distance  be  greater  he  may  be  furnished  with  transportation   in 
kind  and  subsistence  for  a  distance  equal  to  that  from  place  of  dis- 
charge to  place  of  enlistment,  or,  in  lieu  of  such  transportation  and 
subsistence,  he  shall,  if  he  so  elects,  receive  two  cents  a  mile,  except 
for  sea  travel,  from  the  place  of  his  discharge  to  the  place  of  his 
enlistment.2    Act  of  Aug.  21>, 1912  (37  Stat.  576). 

1046.  Sea  travel. — For  sea  travel  on  discharge     *     *     *    transpor- 
tation and  subsistence  only  shall  be  furnished  to  enlisted  men.2    Act 
of  Mar.  8, 1901  (31  Stat.  903). 

1047.  Lost  certificate. — Whenever  satisfactory  proof  shall  be  fur- 
nished to  the  War  Department  that  any  officer  or  enlisted  man  who 
has  been  or  shall  hereafter  be  honorably  discharged  from  the  mili- 
tary service  of  the  United  States  has  lost  his  certificate  of  discharge, 
or  the  same  has  been  destroyed  without  his  privity  or  procurement, 
the  Secretary  of  War  shall  be  authorized  to  furnish  to  such  officer 
or  enlisted  man,  or  to  the  widow  of  such  officer  or  enlisted  man,  a 
certificate  of  such  discharge,  to  be  indelibly  marked,  so  that  it  may  be 
known  as  a  certificate  in  lieu  of  a  lost  or  destroyed  discharge:  Pro- 
vided, That  such  certificate  shall  not  be  accepted  as  a  voucher  for  the 
payment  of  any  claim  against  the  United  States  for  pay,  bounty, 
or  other  allowance,  or  as  evidence  in  any  other  case.3    Act  of  July  1, 

1902  (32  Stat.  629). 

1048.  Issued  under  true  name. — The  Secretary  of  War  and  the 
Secretary  of  the   Navy  be,   and   they   are  hereby,   authorized   and 
required  to  issue  certificates  of  discharge  or  orders  of  acceptance  of 

1  See  G.  O.  No.  23,  War  Department,  March  28,  1913. 

2  For  statutes  and  regulations  governing  the  payment  of  travel  allowance  to 
officers  and  enlisted  men,  see  the  chapter  entitled  The  Pay  Department   (The 
Quartermaster  Corps). 

3  This  paragraph  virtually  takes  the  place  of  section  224,  Revised  Statutes. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  385 

resignation,  upon  application  and  proof  of  identity,  in  the  true  name 
of  such  persons  as  enlisted  or  served  under  assumed  names,  while 
minors  or  otherwise,  in  the  Army  or  Navy  during  any  war  between 
the  United  States  and  any  other  nation  or  people  and  were  hon- 
orably discharged  therefrom.  Applications  for  said  certificates  of 
discharge  or  amended  orders  of  resignation  may  be  made  by  or  on 
behalf  of  persons  entitled  to  them,  but  no  such  certificate  or  order 
shall  be  issued  where  a  name  was  assumed  to  cover  a  crime  or  to 
avoid  its  consequence.  Act  of  Aug.  22,  1912  (37  Stat.  324). 

1049.  Suspension  of  dishonorable  discharge. — That  the  reviewing 
authority  may  suspend  the  execution  of  a  sentence  of  dishonorable 
discharge  until  the  soldier's  release  from  confinement ;  but  the  order 
of  suspension  may  be  vacated  at  any  time  and  the  execution  of  the 
dishonorable  discharge  directed  by  the  officer  having  general  court- 
martial  jurisdiction  over  the  command  in  which  the  soldier  is  held, 
or  by  the  Secretary  of  War :  And  provided  further,  That  the  author- 
ized enlisted  strength  of  the  Army  and  of  organizations  thereof  shall 
be  exclusive  of  soldiers  under  sentences  which  include  confinement 
and  dishonorable  discharge.    Act  of  Apr.  27,  1914  (38  Stat.  354). 

DESERTION. 

1050.  Rights  of  citizenship  forfeited  for  desertion,  etc. — All  per- 
sons who  deserted  the  military  or  naval  service  of  the  United  States 
and  did  not  return  thereto  or  report  themselves  to  a  provost-marshal 
within  sixty  days  after  the  issuance  of  the  proclamation  by  the 
President,  dated  the  llth  day  of  March,  1865,  are  deemed  to  have 
voluntarily  relinquished  and  forfeited  their  rights  of  citizenship,  as 
well  as  their  right  to  become  citizens ;  and  such  deserters  shall  be  for- 
ever incapable  of  holding  any  office  of  trust  or  profit  under  the 
United    States,  or   of   exercising   any   rights   of   citizens   thereof.1 
Sec.  1996,  R.  S. 

1051.  Certain  soldiers  and  sailors  exempted  from  the  forfeitures  of 
the  last  section. — No  soldier  or  sailor,  however,  who  faithfully  served 
according  to  his  enlistment  until  the  19th  day  of  April,  1865,  and 
who,  without  proper  authority  or  leave  first  obtained,  quit  his  com- 
mand or  refused  to  serve  after  that  date,  shall  be  held  to  be  a 
deserter  from  the  Army  or  Navy ;  but  this  section  shall  be  construed 
solely  as  a  removal  of  any  disability  such  soldier  or  sailor  may  have 
incurred,  under  the  preceding  section,  by  the  loss  of  citizenship  and 
of  the  right  to  hold  office,  in  consequence  of  his  desertion.     Sec. 
1997,  R.  S. 

1  These  penalties  only  take  effect  upon  conviction  by  court-martial.     (Kurtz 
v.  Moffett,  115  TJ.  S.,  501.) 

48985°— 15 25 


386  MILITARY   LAWS   OF    THE  UNITED   STATES. 

1052.  Reenlistment  of  deserters  and  of  soldiers  whose  last  preceding 
term  of  enlistment  was  not  honest  and  faithful. — Every  person  who 
hereafter  deserts  the  military  or  naval  service  of  the  United  States, 
or  who,  being  duly  enrolled,  departs  the  jurisdiction  of  the  district 
in  which  he  is  enrolled,  or  goes  beyond  the  limits  of  the  United 
States,  with  intent  to  avoid  any  draft  into  the  military  or  naval 
service,  lawfully  ordered,  shall  be  liable  to  all  the  penalties  and  for- 
feitures of  section  nineteen  hundred  and  ninety-six  of  the  Revised 
Statutes  of  the  United  States :  Provided,  That  the  provisions  of  this 
section  and  said  section  nineteen  hundred  and  ninety-six  shall  not 
apply  to  any  person  hereafter  deserting  the  military  or  naval  service 
of  the  United  States  in  time  of  peace:  And  provided  further,  That 
the  loss  of  rights  of  citizenship  heretofore  imposed  by  law  upon  de- 
serters from  the  military  or  naval  service  may  be  mitigated  or  re- 
mitted by  the  President  where  the  offense  was  committed  in  time  of 
peace  and  where  the  exercise  of  such  clemency  will  not  be  prejudicial 
to  the  public  interests :  And  provided  further,  That  the  provisions  of 
section  eleven  hundred  and  eighteen  of  the  Revised  Statutes  of  the 
United  States  that  no  deserter  from  the  military  service  of  the  United 
States  shall  be  enlisted  or  mustered  into  the  military  service,  and  the 
provisions  of  section  two  of  the  Act  of  Congress  approved  August 
first,  eighteen  hundred  and  ninety-four,  entitled  "An  Act  to  regulate 
enlistments  in  the  Army  of  the  United  States,"  shall  not  be  construed 
to  preclude  the  reenlistment  or  muster  into  the  Army  of  any  person 
who  has  deserted,  or  may  hereafter  desert,  from  the  military  service 
of  the  United  States  in  time  of  peace,  or  of  any  soldier  whose  service 
during  his  last  preceding  term  of  enlistment  has  not  been  honest  and 
faithful,  whenever  the  reenlistment  or  muster  into  the  military  serv- 
ice of  such  person  or  soldier  shall,  in  view  of  the  good  conduct  of 
such  person  or  soldier  subsequent  to  such  desertion  or  service,  be 
authorized  by  the  Secretary  of  War.1    .Sec.  1998,  R.  S.,  as  amended 
ly  Act  of  Aug.  22, 1912  (37  Stat.  356) . 

1053.  Deserters  not  entitled  to  bounty  land. — No  person  who  has 
been  in  the  military  service  of  the  United  States  shall,  in  any  case, 
receive  a  bounty-land  warrant  if  it  appears  by  the  muster  rolls  of 
his  regiment  or  corps  that  he  deserted  or  was  dishonorably  dis- 
charged from  service.    Sec.  $438,  R.  S. 

1054.  Forfeiture  of  pension. — Any  soldier  who  deserts  shall,  besides 
incurring  the  penalties  now  attaching  to  the  crime  of  desertion,  for- 
feit all  right  to  pension  which  he  might  otherwise  have  acquired. 
Sec.  6,  Act  of  Apr.  26, 1898  (30  Stat.  365). 

1055.  Aiding,  persuading,  enticing  to  desert. — Whoever  shall  entice 
or  procure,  or  attempt  or  endeavor  to  entice  or  procure,  any  soldier. 

1  These  penalties  onV  take  effect  upon  conviction  by  court-martial.     (Kurtz  v. 
Moffett,  115  U.  S.,  501.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  387 

in  the  military  service,  or  any  seaman  or  other  person  in  the  naval 
service  of  the  United  States,  or  who  has  been  recruited  for  such 
service,  to  desert  therefrom,  or  shall  aid  any  such  soldier,  seaman, 
or  other  person  in  deserting  or  in  attempting  to  desert  from  such 
service;  or  whoever  shall  harbor,  conceal,  protect,  or  assist  any  such 
soldier,  seaman,  or  other  person  who  may  have  deserted  from  such 
service,  knowing  him  to  have  deserted  therefrom,  or  shall  refuse  to 
give  up  and  deliver  such  soldier,  seaman,  or  other  person  on  the  de- 
mand of  any  officer  authorized  to  receive  him,  shall  be  imprisoned  not 
more  than  three  years  and  fined  not  more  than  two  thousand  dollars. 
Sec.  42,  Act  of  Mar.  4,  1909,  Criminal  Code  (35  Stat.  1097). 

APPREHENSION   OF   DESERTERS REWARDS. 

1056.  Who  may  arrest  deserters. — United  States  marshals  and  their 
deputies,  sheriffs  and  their  deputies,  constables,  and  police  officers 
of  towns  and  cities  are  hereby  authorized  to  apprehend,  arrest,  and 
receive  the  surrender  of  any  deserter  from  the  Army  for  the  purpose 
of  delivering  him  to  any  person  in  the  military  service  authorized  to 
receive  him.     Sec.  3,  Act  of  June  16, 1890  (86  Stat.  157). 

1057.  Arrest,  etc.,  of  deserters  ~by  civil  officers. — It  shall  be  lawful 
for  any  civil  officer  having  authority  under  the  laws  of  the  United 
States  or  of  any  State,  Territory,  or  District,  to  arrest  offenders,  to 
summarily  arrest  a  deserter  from  the  military  service  of  the  United 
States  and  deliver  him  into  the  custody  of  the  military  authority  of 
the  General  Government.1    Sec.  2,  Act  of  June  18,  1898  (30  Stat. 

4*4). 

1058.  Payment  to  civil  officers  or  citizens. — For  the  apprehension, 
securing   and   delivering   of   deserters,  including  escaped   military 
prisoners,  and  the  expenses  incident  to  their  pursuit,  and  no  greater 
sum  than  $50  for  each  deserter  or  escaped  military  convict  shall,  in 
the  discretion  of  the  Secretary  of  War,  be  paid  to  any  civil  officer  or 
civilian  for  such  services  and  expenses.    Act  of  Mar.  2, 1913  (37  Stat. 
713). 

DECEASED    SOLDIERS. 

1059.  Settlement  of  accounts. — Hereafter,  in  the  settlement  of  the 
accounts  of  deceased  officers  or  enlisted  men  of  the  Army,  where  the 
amount  due  the  decedent's  estate  is  less  than  five  hundred  dollars 
and  no  demand  is  presented  by  a  duly  appointed  legal  representative 
of  the  estate,  the  accounting  officers  may  allow  the  amount  found  due 
to  the  decedent's  widow  or  legal  heirs  in  the  following  order  of 
precedence:  First,  to  the  widow;  second,  if  decedent  left  no  widow, 
or  the  widow  be  dead  at  time  of  settlement,  then  to  the  children  or 
their  issue,  per  stirpes;  third,  if  no  widow  or  descendants,  then  to 

1  See  Dig.  Op.  J.  A.  G.,  402-413,  edition  1912. 


388  MILITARY   LAWS   OF    THE   UNITED   STATES. 

the  father  and  mother  in  equal  parts,  provided  the  father  has  not 
abandoned  the  support  of  his  family,  in  which  case  to  the  mother 
alone;  fourth,  if  either  the  father  or  mother  be  dead  then  to  the  one 
surviving;  fifth,  if  there  be  no  widow,  child,  father,  or  mother  at 
the  date  of  settlement,  then  to  the  brothers  and  sisters  and  children 
of  deceased  brothers  and  sisters,  per  stirpes :  Provided,  That  this  Act 
shall  not  be  so  construed  as  to  prevent  payment  from  the  amount 
due  the  decedent's  estate  of  funeral  expenses,  provided  a  claim  there- 
for is  presented  by  the  person  or  persons  who  actually  paid  the  same 
before  settlement  by  the  accounting  officers.  Act  of  June  30,  1906 
(34Stat.  750). 

1060.  Same — Navy  and  Marine  Corps. — Hereafter,  in  the  settle- 
ment of  the  accounts  of  deceased  officers  or  enlisted  men  of  the  Navy 
and  Marine  Corps,  where  .the  amount  due  the  decedent's  estate  is  less' 
than  five  hundred  dollars  and  no  demand  is  presented  by  a  duly  ap- 
pointed legal  representative  of  the  estate,  the   accounting  officers 
may  allow  the  amount  found  due  to  the  decedent's  widow  or  legal 
heirs  in  the  following  order  of  precedence:  First,  to  the  widow; 
second,  if  the  decedent  left  no  widow,  or  widow  be  dead  at  time  of 
settlement,  then  to  the  children  or  their  issue,  per  stirpes;  third,  if 
no  widow  or  descendants,  then  to  the  father  and  mother  in  equal 
parts,  provided  father  has  not  abandoned  the  support  of  his  family, 
in  which  case  to  the  mother  alone;  fourth,  if  either  the  father  or 
mother  be  dead,  then  to  the  one  surviving;  fifth,  if  there  be  no  widow, 
child,  father,  or  mother  at  the  date  of  settlement,  then  to  the  brothers 
and  sisters  and  children  of  deceased  brothers  and  sisters,  per  stirpes : 
Provided,  That  this  Act  shall  not  be  so  construed  as  to  prevent  pay- 
ment from  the  amount  due  the  decedent's  estate  of  funeral  expenses, 
provided  a  claim  therefor  is  presented  by  the  person  or  persons  who 
actually  paid  the  same  before  settlement  by  the  accounting  officers. 
Act  of  May  27,  1908  (35  Stat.  373). 

(While  this  paragraph  appears  to  refer  exclusively  to  the  Navy  and  Marine 
Corps,  it  is  inserted  here  because  it  was  enacted  under  the  general  heading 
"  Under  the  War  Department "  in  the  sundry  civil  appropriation  act  of  May 
27,  1908.) 

1061.  Gratuity. — Hereafter  immediately  upon  official  notification 
of  the  death  from  wounds  or  disease  contracted  in  line  of  duty  of  any 
officer  or  enlisted  man  on  the  active  list  of  the  Army,  the  Paymaster- 
General  of  the  Army  shall  cause  to  be  paid  to  the  widow  of  such 
officer  or  enlisted  man,  or  to  any  other  person  previously  designated 
by  him,  an  amount  equal  to  six  months'  pay  at  the  rate  received  by 
such  officer  or  enlisted  man  at  the  date  of  his  death,  less  seventy-five 
dollars  in  the  case  of  an  officer  and  thirty-five  dollars  in  the  case  of 
an  enlisted  man.    From  the  amount  thus  reserved  the  Quartermas- 
ter's Department  shall  be  reimbursed  for  expenses  of  interment,  and 


MILITARY   LAWS   OF   THE   UNITED   STATES.  389 

the  residue,  if  any,  of  the  amount  reserved,  shall  be  paid  subsequently 
to  the  designated  person.  The  Secretary  of  War  shall  establish 
regulations  reqniring  each  officer  and  enlisted  man  to  designate  the 
proper  person  to  whom  this  amount  shall  be  paid  in  case  of  his  death, 
and  said  amount  shall  be  paid  to  that  person  from  funds  appropriated 
for  the  pay  of  the  Army.  (See  next  paragraph.)  Act  of  May  11, 
1908  (35  Stat.  108). 

1062.  Same.  —  The  Act  approved  May  eleventh,  nineteen  hundred 
and  eight,  for  the  support  of  the  army  for  the  fiscal  year  ending  June 
thirtieth,  nineteen  hundred  and  nine,  in  so  far  as  it  relates  to  the 
payment  of  six  months'  pay  to  the  widow  of  an  officer  or  enlisted 
man,  and  so  forth,  be  amended  as  follows  : 

Strike  out  the  words  "  contrasted  in  the  line  of  duty  "  and  insert  in 
lieu  thereof  the  words,  "  not  the  result  of  his  own  misconduct."  Act 
of  Mar.  3,  1909  (35  Stat.,  735). 

1063.  Expenses  of  interment,  etc.  —  For  the  expenses  of  interment, 
or  of  preparation  and  transportation  to  their  homes  or  to  such  na- 
tional cemeteries  as  may  be  designated  by  proper  authority,  in  the 
discretion  of  the  Secretary  of  War,  of  the  remains  of  officers,  includ- 
ing acting  assistant  surgeons,  and  enlisted  men  of  the  army  active 
list;  for  the  expenses  of  interment,  or  of  preparation  and  trans- 
portation to  their  homes,  of  the  remains  of  civil  employees  of  the 
army  in  the  employ  of  the  War  Department  who  die  abroad,  inclusive 
of  Alaska,  or  on  army  transports;  for  the  expenses  of  removal  of 
remains  from  abandoned  posts  to  permanent  military  posts  or  na- 
tional cemeteries,  including  the  remains  of  federal  soldiers,  sailors, 
or  marines  interred  in  fields  or  abandoned  private  and  city  ceme- 
teries; and  in  any  case  where  the  expenses  of  burial  or  shipment  of 
the  remains  of  officers  or  enlisted  men  of  the  army  who  die  on  the 
active  list  are  borne  by  individuals,  where  such  expenses  would  have 
been  lawful  claims  against  the  Government,  reimbursement  to  such 
individuals  may  be  made  of  the  amount  allowed  by  the  Government 
for  such  services,  to  be  paid  out  of  the  funds  appropriated  by  this 
Act,  but  no  reimbursement  shall  be  made  under  this  Act  of  such 
expenses  incurred  prior  to  the  first  day  of  July,  nineteen  hundred 
and  ten,     *     *     *     dollars.     Act  of  Aug.  24,  1912  (37  S  tat. 


(This  paragraph  will  be  found  in  the  last  few  sundry  civil  appropriation 
acts.  This  paragraph  has  the  effect  of  making  one  appropriation  available  for 
expenses  of  interment,  etc.,  whereas  heretofore  the  expenses  had  to  be  met  from 
different  appropriations.) 

CITIZENSHIP. 

1064.  Aliens  honorably  discharged  from  military  service.  —  Any 
alien  of  the  age  of  twenty-one  years  and  upward,  who  has  enlisted, 
or  may  enlist,  in  the  armies  of  the  United  States,  either  the  regular 


390  MILITABY   LAWS   OF    THE   UNITED   STATES. 

or  volunteer  forces,  and  has  been,  or  may  be  hereafter,  honorably  dis- 
charged, shall  be  admitted  to  become  a  citizen  of  the  United  States, 
upon  his  petition,  without  any  previous  declaration  of  his  intention 
to  become  such  ;  and  he  shall  not  be  required  to  prove  more  than  one 
year's  residence  within  the  United  States  previous  to  his  application 
to  become  such  citizen  ;  and  the  court  admitting  such  alien  shall,  in 
addition  to  such  proof  of  residence  and  good  moral  character,  as  now 
provided  by  law,  be  satisfied  by  competent  proof  of  such  person's 
having  been  honorably  discharged  from  the  service  of  the  United 
States.1  Sec.  2166,  R.  S. 

1065,  Aliens  honorably  discharged  from  the  naval  service.  —  Any 
alien  of  the  age  of  twenty-one  years  and  upward  who  has  enlisted 
or  may  enlist  in  the  United  States  Navy  or  Marine  Corps,  and  has 
served  or  may  hereafter  serve  five  consecutive  years  in  the  United 
States  Navy  or  one  enlistment  in  the  United  States  Marine  Corps, 
and  has  been  or  may  hereafter  be  honorably  discharged,  shall  be 
admitted  to  become  a  citizen  of  the  United  States  upon  his  petition. 
without  any  previous  declaration  of  his  intention  to  become  such  ;  and 
the  court  admitting  such  alien  shall,  in  addition  to  proof  of  good 
moral  character,  be  satisfied  by  competent  proof  of  such  person's 
service  in  and  honorable  discharge  from  the  United  States  Navy  or 
Marine  Corps.    Act  of  July  26,  1894  ($8  Stat.  124)  - 

1066.  Naturalization  of  seamen.  —  Every  seaman,  being  a  foreigner, 
who  declares  his  intention  of  becoming  a  citizen  of  the  United  States 
in  any  competent  court,  and  shall  have  served  three  years  on  board 
of  a  merchant  vessel  of  the  United  States  subsequent  to  the  date  of 
such  declaration,  may,  on  his  application  to  any  competent  court,  and 
the  production  of  his  certificate  of  discharge  and  good  conduct  dur- 
ing that  time,  together  with  the  certificate  of  his  declaration  of  inten- 


,  honorably  discharged  after  enlisting  in  our  Army,  are  not,  by  such 
discharge  alone,  made  citizens,  but  they  are  thereupon  entitled  (under  a  provi- 
sion of  the  act  of  July  17,  1862,  now  section  2166,  Revised  Statutes)  to  be  ad- 
mitted to  become  citizens  without  previous  declaration  of  intention,  upon  merely 
presenting  to  the  proper  court  (see  sec.  2165,  R.  S.)  a  petition  for  the  purpose, 
accompanied  by  proof  of  at  least  one  year's  residence  within  the  United  States 
previous  to  the  application,  of  good  moral  character,  and  of  the  fact  of  honorable 
discharge.  (Dig.  Opin.  J.  A.  G.,  par.  401,  edition  1901.) 

Under  the  act  of  July  30,  1892,  an  enlisted  man,  to  be  eligible  for  promotion 
as  commissioned  officer,  must  be  a  citizen  of  the  United  States.  And,  in  order 
to  be  promptly  naturalized,  under  section  2166,  Revised  Statutes,  he  must  first 
be  honorably  discharged.  So,  advised  that  such  alien,  to  be  qualified  for  exami- 
nation and  appointment  under  the  act,  should  be  discharged  and,  after  naturali- 
zation, be  reenlisted.  (Id.,  par.  403.) 

The  mere  enlistment  and  honorable  discharge  of  an  alien  as  a  soldier  of  our 
Army  do  not  per  se  constitute  him  a  citizen  of  the  United  States.  He  must  still 
make  formarpetition  to  one  of  the  courts,  etc.,  specified  in  section  2165,  Revised 
Statutes,  and  present  thereupon  the  evidence  required  by  section  2166.  (Id., 
par.  736.) 

A  native-born  minor  is  a  citizen  of  the  United  States  under  the  fourteenth 
amendment  of  the  Constitution.  (Id.,  par.  737.) 

See  Dig.  Op.  J.  A.  G.,  pp.  20,  613,  614,  617,  834,  edition  1912. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  391 

tion  to  become  a  citizen,  be  admitted  a  citizen  of  the  United  States ; 
and  every  seaman,  being  a  foreigner,  shall,  after  his  declaration  of 
intention  to  become  a  citizen  of  the  United  States,  and  after  he  shall 
have  served  such  three  years,  be  deemed  a  citizen  of  the  United  States 
for  the  purpose  of  manning  and  serving  on  board  any  merchant  vessel 
of  the  United  States,  anything  to  the  contrary  in  any  act  of  Congress 
notwithstanding;  but  such  seaman  shall,  for  all  purposes  of  protec- 
tion as  an  American  citizen,  be  deemed  such,  after  the  filing  of  his 
declaration  of  intention  to  become  such  citizen.  Sec.  2174,  R.  S. 

(This  would  apply  to  members  of  the  crew  of  an  Army  transport  vessel.) 

MISCELLANEOUS  PROVISIONS. 

1067.  Exemption  from  arrest-for  debt. — No  enlisted  man  shall,  dur- 
ing his  term  of  service,  be  arrested  on  mesne  process,  or  taken  or 
charged  in  execution  for  any  debt,  unless  it  was  contracted  before 
his  enlistment,  and  amounted  to  twenty  dollars  when  first  contracted. 
Sec.  1237,  R.  S. 

1068.  Enlisted  men  not  to  ~be  used  as  servants. — No  officer  shall  use 
an  enlisted  man  as  a  servant  in  any  case  whatever.    Sec.  123%,  R.  S. 

1069.  Employment  as  stenographers. — Hereafter  enlisted  men  may 
be  detailed  to  serve  as  stenographic  reporters  for  general  courts- 
martial,  courts  of  inquiry,  military  commissions,  and  retiring  boards, 
and  while  so  serving  shall  receive  extra  pay  at  the  rate  of  not  ex- 
ceeding five  cents  for  each  one  hundred  words  taken  in  shorthand 
and  transcribed,  such  extra  pay  to  be  met  from  the  annual  appro- 
priation for  expenses  of  courts-martial,  and  so  forth.    Act  of  Aug. 
24,1912  (37  S  tat.  575). 

1070.  Remount  detachments  at  remount  depots. — That  hereafter 
from  the  enlisted  force  of  the  Army  now  provided  by  law  the  Presi- 
dent may  authorize  the  organization  of  remount  detachments  at  each 
of  the  remount  depots,  and  may  authorize  the  appointment  therein 
of    such    noncommissioned    officers,    mechanics,    artificers,    farriers, 
horseshoers,  and  cooks  as  may  be  necessary  for  the  administration 
of  such  remount  depot:  Provided,  That  nothing  herein  shall  be  so 
construed  as  to  authorize  an  increase  in  the  total  number  of  enlisted 
men  of  the  Army  now  authorized  by  law.    Act  of  Mar.  3,  1911  (36 
Stat.  1049). 


CHAPTER 


THE  TKOOPS  OF  THE  LINE. 


Par. 

Cavalry 1071-1080 

Same — organization  of  regiment  1071 

Same— colored  regiments 1072 

Same — may  be  dismounted 1073 

Same — organization  of  troops. . .  1074 
Same — increase  of  corporals  and    fc 

privates 1075 

Same — bands,  organization 1076 

Same — details,  regimental  staff, 

etc 1077 

Same — veterinarians,    pay  and 

allowances 1078 

Same — retirement  of 1079 

Same — remount  detachments. .   1080 

The  Artillery  Corps 1081-1094 

Same — organization 1081 

Same — shall      comprise       two 

branches 1082 

Same 1083 

Same — separation  of  branches; 
officers  to  temporarily  form 

one  list,  etc 1084 

Same — vacancies  caused  by 
separation  to  be  filled  accord- 
ing to  seniority 1085 

Coast    Artillery    to    constitute 

corps 1086 

Same — composition  and  duties.  1087 


Par. 


The  Artillery  Corps— Continued. 
Same — company    organization; 

total  strength 1088 

Same— bands 1089 

Field  Artillery — organization . .  1090 
Same — battery,      organization; 
maximum  enlisted    strength 

not  to  be  increased 1091 

Same — regimental  and  battalion 
noncommissioned  staff  officers, 

etc 1092 

Same — composition  and  duties .  1093 

Same— bands 1094 

Infantry 1096-1104 

Same — organization  of  regiment  1095 

Same — colored  regiments 1096 

Same — company  organization. .  1097 
Same — increase   as  to  noncom- 
missioned officers  and  privates  1098 
Same — bands,  organization  of..  1099 
Same — details,  regimental  staff, 

etc 1100 

Vacancies,  how  filled 1101 

Same — after  promotions 1102 

Same — appointment  of  enlisted 

men 1103 

Prison  guard,  organization  of . . .   1104 
Maximum  strength 1105 


CAVALRY. 

1071.  Same — Organization  of  regiment. — Each  regiment  of  cavalry 
shall  consist  of  one  colonel,  one  lieutenant-colonel,  three  majors,  fifteen 
captains,  fifteen  first  lieutenants,  and  fifteen  second  lieutenants ;  two 
veterinarians,  one  sergeant-major,  one  quartermaster-sergeant,  one 
commissary-sergeant,  three  squadron  sergeants-major,  two  color- 
sergeants  with  rank,  pay,  and  allowances  of  squadron  sergeant- 
major,  one  band,  and  twelve  troops  organized  into  three  squadrons 
of  four  troops  each.1  Sec.  2,  Act  of  Feb.  2, 1911  (31  Stat.  748} . 

xThis  enactment  replaces  section  1102,  Revised  Statutes,  and  section  2.  act 
of  March  2,  1899,  in  pari  inateria.  Section  28  of  the  act  of  February  2,  1901 
(31  Stat.  755),  contained  the  requirement  that  "vacancies  in  the  grade  of  field 

393 


394  MILITARY  LAWS  OF   THE  UNITED   STATES. 

1072.  Same — Colored  regiments. — The  enlisted  men  of  two  regi- 
ments of  cavalry  shall  be  colored  men.    Sec.  1104,  R.  S. 

1073.  Same — May  ~be  dismounted. — Any  portion  of  the  cavalry 
force  may  be  armed  and  drilled  as  infantry,  or  dismounted  cavalry, 
at  the  discretion  of  the  President.     Sec.  1105,  R.  S. 

1074.  Same — Organization  of  troops. — Each  troop  of  cavalry  shall 
consist  of  one  captain,  one  first  lieutenant,  one  second  lieutenant, 
one  first  sergeant,  one  quartermaster  sergeant,  six  sergeants,  six  cor- 
porals, two  cooks,  two  farriers  and  blacksmiths,  one  saddler,  one 
wagoner,  two  trumpeters,  and  forty-three  privates,  the  commissioned 
officers  to  be  assigned  from  those  hereinbefore  authorized  :x  Provided, 
That  one  of  the  two  "  blacksmiths  and  farriers  "  now  authorized  by 
law  for  each  troop  of  cavalry  shall  hereafter  be  designated  "  farrier." 
and  the  other  "  horseshoer,"  and  that  the  additional  pay  of  nine  dol- 
lars per  month  provided  for  "  one  blacksmith  and  farrier  in  each 
troop  of  cavalry  for  performing  the  duty  of  horseshoer  "  in  the  Act 
of  Congress  approved  May  eleventh,  nineteen  hundred  and  eight, 
shall  be  paid  to  the  soldier  designated  as  "  horseshoer."    Sec.  2,  Act  of 
Feb.  2,  1901  (31  Stat.  748),  as  amended  ly  Act  of  Mar.  3,  1909  (35 
Stat.,  735). 

officers  and  captain  created  by  this  act  in  the  cavalry,  artillery,  and  infantry 
shall  be  filled  by  promotion,  according  to  seniority  in  each  branch,  respectively. 
For  the  method  of  filling  vacancies  created  by  the  act  of  February  2,  1901, 
in  the  grades  of  first  and  second  lieutenants,  see  paragraph  1102,  post. 

Of  the  several  cavalry  regiments  now  composing  the  peace  establishment,  the 
first,  a  regiment  of  dragoons,  was  authorized  by  the  act  of  March  2,  1833 
(4  Stat.  652).  A  second  regiment  of  dragoons  was  authorized  by  the  act  of 
May  23,  1836  (5  Stat.  32).  The  second  regiment  of  dragoons  was  converted 
into  a  regiment  of  riflemen  by  the  act  of  August  23,  1842  (5  Stat.  512),  but  was 
reconverted  into  a  regiment  of  dragoons  by  the  act  of  April  4,  1844  (5  Stat. 
654).  A  regiment  of  mounted  riflemen  was  added  to  the  establishment  by  the 
act  of  May  19,  1846  (9  Stat.  13).  Two  regiments  of  cavalry  (known  as  the 
First  and  Second)  were  authorized  by  the  act  of  March  3,  1855  (10  Stat.  635), 
A  third  regiment  of  cavalry  was  organized  by  order  of  the  President  on  May  4, 
1861,  confirmed  by  the  act  of  July  29,  1861  (12  Stat.  279).  In  accordance  with 
the  authority  conferred  by  the  act  of  August  3,  1861,  the  six  mounted  regiments 
of  the  Army  were  consolidated  into  one  corps  and  designated  as  follows : 

The  First  Regiment  of  Dragoons,  as  the  First  Cavalry. 

The  Second  Regiment  of  Dragoons,  as  the  Second  Cavalry. 

The  Regiment  of  Mounted  Riflemen,  as  the  Third  Cavalry. 

The  First  Regiment  of  Cavalry,  as  the  Fourth  Cavalry. 

The  Second  Regiment  of  Cavalry,  as  the  Fifth  Cavalry. 

The  Third  Regiment  of  Cavalry,  as  the  Sixth  Cavalry. 

Four  regiments  of  cavalry,  the  Seventh,  Eighth,  Ninth,  and  Tenth,  the  Ninth 
and  Tenth  composed  of  colored  men,  were  added  to  the  establishment  under 
the  authority  conferred  by  the  act  of  July  28,  1866  (14  Stat.  332)  ;  the  Eleventh, 
Twelfth,  Thirteenth,  Fourteenth,  and  Fifteenth  were  added  by  section  2,  act  of 
February  2,  1901  (31  Id.,  748). 

1  This  enactment  replaces  section  1103,  Revised  Statutes,  and  section  2,  act 
of  March  2,  1899  (30  ibid.,  977). 

Since  1883  companies  of  cavalry  have  been  designated  as  troops.  (Circulars 
8  and  9,  A.  G.  O.,  of  1883.)  By  General  Orders,  Nos.  79  and  120,  of  1890,  the 
enlisted  men  of  Troops  L  and  M  of  each  regiment  of  cavalry  were  distributed 
among  the  other  troops.  By  General  Orders,  No.  27,  of  1898,  issued  at  the  out- 
break of  the  war  with  Spain,  the  skeletonized  troops  were  reestablished  and 
restored  to  the  status  occupied  by  them  prior  to  the  skeletonization  in  1890, 


MILITARY   LAWS   OF   THE    UNITED   STATES.  395 

1075.  Same — Increase  of  corporals  and  privates. — The  President, 
in  his  discretion,  may  increase  the  number  of  corporals  in  any  troop 
of  cavalry  to  eight,  and  the  number  of  privates  to  seventy-six,  but  the 
number  of  enlisted  men  authorized  for  the  whole  Army  shall  not  at 
any  time  be  exceeded.    Sec.  2,  Act  of  Feb.  2,  1901  (31  Stat.  748). 

1076.  Same — Bands,  organization. — Each  cavalry  band  shall  consist 
of  one  chief  musician ;  one  chief  trumpeter ;  one  principal  musician ; 
one  drum  major,  who  shall  have  the  rank,  pay,  and  allowances  of  a 
first  sergeant;  four  sergeants;  eight  corporals;  one  cook,  and  eleven 
privates.1    Sec.  2,  Act  of  Mar.  2, 1899  (30  Stat.  977). 

1077.  Same — Details,  regimental  staff,  etc. — Of  the  officers  herein 
provided,  the  captains  and  lieutenants  not  required  for  duty  with 
the  troops  shall  be  available  for  detail  as  regimental  and  squadron 
staff  officers  and  such  other  details  as  may  be  authorized  by  law  or 
regulations.2    Sec.  2,  Act  of  Pel.  2,  1901  (31  Stat.  748). 

1  Section  2  of  the  act  of  February  2,  1901  (31  Stat.  748),  provides  that  each 
cavalry  band  shall  be  organized  as  now  provided  by  law. 

As  to  monthly  pay  of  bands,  and  restrictions  upon  their  furnishing  music 
outside  the  limits  of  military  posts  in  competition  with  local  civilian  musicians 
see  paragraph  701,  ante. 

2  The  act  of  August  24,  1912  (37  Stat.  571),  provides  that  hereafter  in  time 
of  peace  whenever  any  officer  holding  a  permanent  commission  in  the  line  of 
the  Army  with  rank  below  that  of  major  shall  not  have  been  actually  present 
for  duty  for  at  least  two  of  the  last  preceding  six  years  with  a  troop,  battery, 
or  company  of  that  branch  of  the  Army  in  which  he  shall  hold  said  commis- 
sion, such  officer  shall  not  be  detached  nor  permitted  to  remain  detached  from 
such  troop,  battery,  or  company  for  duty  of  any  kind ;  arid  all  pay  and  allow- 
ances shall  be  forfeited  by  any  superior  for  any  period  during  which,  by  his 
order,  or  his  permission,  or  by  reason  of  his  failure  or  neglect  to  issue  or  cause 
to  be  issued  the  proper  order  or  instructions  at  the  proper  time,  any  officer  shall 
be  detached  or  permitted  to  remain  detached  in  violation  of  any  of  the  terms 
of  this  proviso,  etc.     By  joint  resolution  of  August  24,  1912  (37  Stat.  645),  the 
operation  of  this  proviso  was  postponed  until  on  and  after  December  15, 1912. 

For  composition,  duties,  etc.,  of  the  regimental,  battalion,  and  squadron  staff 
see  paragraphs  248-255,  Army  Regulations,  1913. 

That  hereafter,  in  determining  the  eligibility,  under  the  provisions  of  the  act 
of  Congress  approved  August  24,  1912,  of  troop,  battery,  or  company  officers 
for  detail  as  officers  of  the  various  staff  corps  and  departments  of  the  Army, 
except  the  General  Staff  Corps,  service  actually  performed  by  any  such  officer 
with  troops  prior  to  December  15,  1912,  as  a  regimental,  battalion,  or  squadron 
staff  officer,  shall  be  deemed  to  have  been  duty  with  a  battery,  company,  or 
troop :  Provided  further,  That  regimental,  battalion,  and  squadron  quarter- 
masters and  commissaries  shall  hereafter  be  required  to  perform  the  duties  of 
officers  of  the  Quartermaster  Corps,  including  the  receipting  for  any  money  or 
property  pertaining  to  said  corps  when  no  officer  of  the  Quartermaster  Corps  is 
present  for  such  duties,  and  nothing  contained  in  the  Army  appropriation  act 
approved  August  24,  1912,  shall  hereafter  be  held  or  construed  so  as  to  prevent 
competent  authority  from  requiring  any  officers  of  the  Army  to  act  temporarily 
as  quartermasters  wherever  there  shall  be  no  officers  of  the  Quartermaster 
Corps  and  no  regimental,  battalion,  or  squadron  quartermasters  or  commissaries 
present  for  such  duty.  (Act  of  Mar.  2,  1913  (37  Stat.  706).) 

That  after  September  1,  1914,  in  time  of  peace,  whenever  any  officer  holding 
a  permanent  commission  in  the  line  of  the  Army,  with  rank  of  colonel,  lieuten- 
ant colonel,  or  major,  shall  not  have  been  actually  present  for  duty  for  at  least 
two  years  of  the  last  preceding  six  years  with  a  command  composed  of  not  less 
than  two  troops,  batteries,  or  companies  of  that  branch  of  the  Army  in  which 
he  shall  hold  said  commission,  such  officer  shall  not  be  detached  nor  permitted 
to  remain  detached  from  such  command  for  duty  of  any  kind  except  as  here- 


396  MILITARY  LAWS  OF   THE  UNITED   STATES. 

1078.  Same — Veterinarians,  pay  and  allowances. — The  grade  of 
veterinarian  of  the  second  class  in  cavalry  regiments,  United  States 
Army,  is  hereby  abolished,  and  hereafter  the  two  veterinarians  au- 
thorized for  each  cavalry  regiment  and  the  veterinarians  author- 
ized for  the  Artillery  Corps  shall  receive  the  pay  and  allowances 
of  second  lieutenants,  mounted.1     Sec.  W,  Act  of  Feb.  2,  1901   (31 
Stat.  753);  Act  of  Mar.  2, 1901  (id.,  901). 

1079.  Same — Retirement  of. — Hereafter  so  much  of  section  twenty, 
of  the  Act  approved  February  second,  nineteen  hundred  and  one,  as 
provides  that  veterinarians  shall  receive  the  pay  and  allowances  of 
second  lieutenants,  mounted,  shall  be  interpreted  to  authorize  their 
retirement  under  the  laws  governing  the  retirement  of  second  lieu- 
tenants.    Act  of  Mar.  3,  1911  (36  Stat.  1042). 

1080.  Same — Remount  detachments. — That  hereafter  from  the  en- 
listed force  of  the  Army  now  provided  by  law  the  President  may 
authorize  the  organization  of  remount  detachments  at  each  of  the 
remount  depots,  and  may  authorize  the  appointment  therein  of  such 
noncommissioned  officers,  mechanics,  artificers,  farriers,  horseshoers, 
and  cooks  as  may  be  necessary  for  the  administration  of  such  re- 

inafter  specifically  provided;  and  all  pay  and  allowances  shall  be  forfeited  by 
any  superior  for  any  period  during  which,  by  his  order  or  his  permission,  or 
by  reason  of  his  failure  or  neglect  to  issue  or  cause  to  be  issued  the  proper 
order  or  instructions  at  the  proper  time,  any  officer  shall  be  detached  or  per- 
mitted to  remain  detached  in  violation  of  any  of  the  terms  of  this  act;  but 
nothing  in  this  act  shall  be  held  to  apply  in  the  case  of  any  officer  for  such 
period  as  shall  be  actually  necessary  for  him,  after  having  been  relieved  from 
detached  service,  to  join  the  organization  or  command  to  which  he  shall  belong 
in  that  branch  in  which  he  shall  hold  a  permanent  commission;  nor  shall  any- 
thing in  this  act  be  held  to  apply  to  the  detachment  or  detail  of  officers  for 
duty  in  connection  with  the  construction  of  the  Panama  Canal  until  after  such 
canal  shall  have  been  formally  opened,  or  in  connection  with  the  Alaska  Road 
Commission  or  the  Alaska  Railroad  or  the  Bureau  of  Insular  Affairs;  and 
nothing  in  this  act  shall  prevent  the  redetail  of  officers  above  the  grade  of 
major  to  fill  vacancies  in  the  various  staff  corps  and  departments  as  provided 
for  by  section  26  of  the  act  of  Congress  approved  February  2,  1901 :  Provided 
further,  That  whenever  the  service  record  of  any  field  officer  is  to  be  ascer- 
tained for  the  purposes  of  this  act,  all  duty  actually  performed  by  him,  during 
the  last  preceding  six  years,  in  a  grade  below  that  of  major,  in  connection  with 
any  statutory  organization  of  that  branch  of  the  Army  in  which  he  shall  hold 
a  permanent  commission,  or  as  a  staff  officer  of  any  coast-defense  or  coast- 
artillery  district,  shall  be  credited  to  him  as  actual  presence  for  duty  with  a 
command  composed  as  hereinbefore  prescribed :  And  provided  further,  That 
temporary  duty  of  any  kind  hereafter  performed  with  United  States  troops  in 
the  field  for  a  period  or  periods  the  aggregate  of  which  shall  not  exceed  60 
days  in  any  one  calendar  year,  and  duty  hereafter  performed  in  command  of 
United  States  Army  mine  planter  by  an  officer  assigned  to  a  company  from 
which  this  detachment  is  drawn,  and  duty  hereafter  performed  in  command  of 
a  machine-gun  platoon  or  a  machine-gun  unit,  by  any  officer  who,  before  assign- 
ment to  such  duty,  shall  have  been  regularly  assigned  to,  and  shall  have  en- 
tered upon  duty  with,  an  organization  or  a  command  the  detachment  of  certain 
officers  from  which  is  prohibited  by  the  act  of  Congress  approved  August  24, 
1912,  or  by  this  act,  shall,  for  the  purposes  of  said  acts,  hereafter  be  counted  as 
actual  presence  for  duty  with  such  organization  or  command.  (Act  of  Apr.  27, 
1914,  Pub.  No.  91,  38  Stat.  — .) 

1  This  enactment  replaces  section  1102,  Revised  Statutes,  and  section  2,  act  of 
March  2,  1899.     (30  Stat.  977,) 


MILITARY   LAWS   OF   THE    UNITED   STATES.  397 

mount  depot:  Provided,  That  nothing  herein  shall  be  so  construed 
as  to  authorize  an  increase  in  the  total  number  of  enlisted  men  of 
the  Army  now  authorized  by  law.  Act  of  Mar.  3,  1911  (36  Stat. 
1049). 

THE  ARTILLERY  CORPS.1 

1081.  Same — Organization. — The  regimental    organization   of   the 
artillery  arm  of  the  United  States  Army  is  hereby  discontinued,  and 
that  arm  is  constituted  and  designated  as  the  artillery  corps.     It 
shall  be  organized  as  hereinafter  specified  and  shall  belong  to  the 
line  of  the  Army.    Sec.  3,  act  of  Feb.  2,  1901  (31  Stat.  748). 

1082.  Same — /Shall  comprise  two  branches. — The  artillery  corps 
shall  comprise  two  branches — the  coast  artillery  and  the  field  artil- 
lery.   The  coast  artillery  is  defined  as  that  portion  charged  with  the 
care  and  use  of  the  fixed  and  movable  elements  of  land  and  coast 
fortifications,  including  the  submarine  and  torpedo  defenses;  and 
the  field  artillery  as  that  portion  accompanying  an  army  in  the  field, 
and  including  field  and  light  artillery  proper,  horse  artillery,  siege 
artillery,  mountain  artillery,  and  also  machine-gun  batteries:  Pro- 
vided, That  this  shall  not  be  construed  to  limit  the  authority  of  the 
Secretary  of  War  to  order  coast  artillery  to  any  duty  which  the 
public  service  demands,  or  to  prevent  the  use  of  machine  or  other 
field  guns  by  any  other  arm  of  the  service  under  the  direction  of  the 
Secretary  of  War.3    Sec.  4,  Act  of  Feb.  2, 1901  (31  Stat.  749). 

1083.  Same. — The  artillery  of  the  United  States  Army  shall  consist 
of  the  Chief  of  Artillery,  the  coast  artillery,  and  the  field  artillery. 
The  coast  artillery  and  the  field  artillery  shall  be  organized  as  here- 
inafter specified,  and  the  artillery  shall  belong  to  the  line  of  the 
Army:  Provided,  That  on  and  after  July  first,  nineteen  hundred 
and  eight,  the  Chief  of  Artillery  shall  cease  to  exercise  supervision 

*At  the  general  reduction  of  the  Army,  effected  in  pursuance  of  the  act  of 
March  2,  1821  (3  Stat.  615),  the  artillery  was  consolidated  into  four  regiments 
of  nine  companies  each,  one  of  which,  in  each  regiment,  was  to  be  designated 
and  equipped  as  light  artillery.  The  Ordnance  Department  was  merged  in  the 
artillery,  a  supernumerary  captain,  for  ordnance  duty,  was  added  to  each  regi- 
ment, and  the  President  was  authorized  "  to  select  from  the  regiments  of  ar- 
tillery such  officers  as  may  be  necessary  to  perform  ordnance  duties  who,  while 
so  detached,  shall  be  subject  only  to  the  orders  of  the  War  Department."  The 
Ordnance  Department  was  separated  from  the  artillery  by  the  act  of  May  25. 
1832  (4  Stat.  605).  One  company  was  added  to  each  regiment  by  the  act  of 
July  5,  1838  (5  Stat.  256),  and  two  companies  by  section  18  of  the  act  of  March 
3,  1847  (9  Stat.  184),  making  twelve  companies  in  all.  The  act  of  March  3, 
1847,  authorized  the  President  to  designate  an  additional  company  Ui  each 
regiment  to  be  armed  and  equipped  as  light  artillery.  The  fifth  regiment  was 
added,  as  a  regiment  of  light  artillery,  by  order  of  the  President,  on  May  5, 
1861,  the  organization  being  confirmed  by  the  act  of  July  29,  1861  (12  Stat. 
279).  The  sixth  and  seventh  regiments  were  added,  and  the  organization  of 
the  first  five  regiments  modified,  by  the  act  of  March  8,  1898  (30  Stat.  261). 
This  section  replaces  sections  1099-1101,  Revised  Statutes,  the  act  of  March  8, 
1898  (30  id.,  261),  and  section  3.  act  of  March  2,  1899  (id.,  977). 

1  See  section  1,  act  of  January  25,  1907  (34  Stat.  861),  paragraph  1083,  post, 


398  MILITAKY   LAWS   OF    THE   UNITED   STATES. 

over  the  field  artillery  and  shall  thereafter  be  designated  as  the  Chief 
of  Coast  Artillery.1    Sec.  1,  Act  of  Jan.  25,  1907  (34  Stat.  861). 

1084.  /Same — Separation  of  branches;  officers  to  temporarily  form 
one  list,  etc. — On  and  after  the  approval  of  this  Act  the  coast  artillery 
and  the  field  artillery  shall  be  permanently  separated,  the  separa- 
tion to  be  effected  as  follows : 

All  officers  in  the  present  Artillery  Corps  shall  remain  on  one  list 
as  regards  promotion  until  sufficient  promotions  shall  have  been 
made  as  far  as  the  present  number  of  officers  permit,  to  provide  in 
each  grade,  together  with  the  officers  remaining  therein,  the  total 
number  of  officers  of  the  grade  provided  for  in  this  Act  for  the  coast 
and  field  artillery  combined.  After  such  promotion  they  shall,  in 
each  grade,  together  with  the  officers  remaining  therein,  the  total 
the  field  artillery,  according  to  special  aptitude  and  qualifications 
and  agreeably  to  individual  preference,  so  far  as  may  be  practicable 
and  for  the  good  of  the  service,  such  assignments  to  be  permanent; 
and  all  officers  promoted  or  appointed  in  the  artillery  thereafter  shall 
be  commissioned  as  officers  of  the  coast  artillery  or  the  field  artillery, 
as  the  case  may  be,  and  shall  be  promoted  by  seniority  in  their  own 
branch,  subject  to  the  provisions  of  the  laws  governing  promotion  in 
the  Army  at  large.  Sec.  9,  id.,  863. 

1085.  Same — Vacancies  caused  ~by  separation  to  l>e  -filled  according 
to  seniority. — All  vacancies  created  or  caused  by  this  Act  which  can 
be  filled  by  promotion  of  officers  now  in  the  Artillery  Corps  shall  be 
filled  by  promotion  according  to  seniority,  subject  to  examination  as 
now  prescribed  by  law.    Of  the  vacancies  created  or  caused  by  this 
Act  which  can  not  be  filled  by  promotion  of  officers  now  in  the  Artil- 
lery Corps,  one-fifth  in  each  branch  shall  be  filled  in  each  fiscal  year 
until  the  total  number  of  officers  herein  provided  for  shall  have  been 
attained.    The  vacancies  remaining  in  the  grade  of  second  lieutenant 
shall  be  filled  by  appointment  in  the  following  order :  First,  of  gradu- 
ates of  the  United  States  Military  Academy ;  second,  of  enlisted  men 
whose  fitness  for  advancement  shall  have  been  determined  by  com- 
petitive examination;  third,  of  candidates  from  civil  life;  and  all 
such  appointments  shall  be  made  in  accordance  with  the  provisions 
of  existing  law.    Sec.  10,  id. 

1086.  Coast  Artillery  to  constitute  corps. — The  coast  artillery  shall 
constitute  a  corps,  and  shall  consist  of  one  Chief  of  Coast  Artillery 
with  the  rank,  pay,  and  allowances  of  a  brigadier-general,  as  pro- 
vided in  section  one  of  this  Act ;  fourteen  colonels ;  fourteen  lieuten- 
ant-colonels;  forty-two  majors;  two  hundred  and  ten  captains;  two 
hundred  and  ten  first  lieutenants,  and  two  hundred  and  ten  second 

1  See  section  4,  act  of  February  2,  1901  (31  Stat.  749),  paragraph  1082,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  399 

lieutenants;  and  the  captains  and  lieutenants  provided  for  in  this 
section  not  required  for  duty  with  companies  shall  be  available  for 
duty  as  staff  officers  of  the  various  coast  artillery  commands  and  for 
such  other  details  as  may  be  authorized  by  law  and  regulations;1 
twenty-one  sergeants-major  with  the  rank,  pay,  and  allowances  of 
regimental  sergeants-major  of  infantry;  twenty-six  master  electri- 
cians; sixty  engineers;  seventy-four  electrician-sergeants,  first  class; 
seventy-four  electrician-sergeants,  second  class;  forty-two  sergeants- 
major  with  the  rank,  pay,  and  allowances  of  battalion  sergeants- 
major  of  infantry;  forty-two  master  gunners;  sixty  firemen;  one 
hundred  and  seventy  companies,  and  fourteen  bands,  organized  as 
now  provided  for  by  law  for  artillery  corps  bands.  Sec.  5,  id.,  861. 

1087.  Same — Composition  and  duties. — The  coast  artillery  is  the 
artillery  charged  with  the  care  and  use  of  the  fixed  and  movable  ele- 
ments of  land  and  coast  fortifications,  including  the  submarine  mine 
and  torpedo  defenses.    Sec.  3,  id. 

1088.  Same — Company  organization-  total  strength. — Each  com- 
pany of  coast  artillery  shall  consist  of  one  captain,  one  first  lieu- 
tenant, one  second  lieutenant,  one  first  sergeant,  one  quartermaster- 
sergeant,  two  cooks,  two  mechanics,  two  musicians,  and  such  number 
of  sergeants,  corporals,  and  privates  as  may  be  fixed  by  the  President 
in  accordance  with  the  requirements  of  the  service  to  which  it  may 
be  assigned:  Provided,  That  the  total  number  of  sergeants  and  cor- 
porals in  the  coast  artillery,  so  fixed,  shall  not  exceed  one  thousand 
three  hundred  and  sixty  and  two  thousand  and  forty,  respectively, 
and  that  the  total  enlisted  strength  of  the  coast  artillery,  as  pro- 
vided under  this  Act,  shall  not  exceed  nineteen  thousand  one  hun- 
dred and  forty-seven,  exclusive  of  master  electricians,  electrician- 
sergeants,  first  class,  and  electrician-sergeants,  second  class.    Sec.  6, 
id.,  862. 

1089.  Same — Bands. — Fourteen  bands,  organized  as  now  provided 
for  by  law  for  artillery  corps  bands.2    Sec.  5,  id. 

1090.  Field  Artillery,  organization. — The  field  artillery  shall  con- 
sist of  six  regiments,  each  organized  as  follows:  One  colonel,  one 
lieutenant-colonel,  two  majors,  eleven  captains,  thirteen  first  lieu- 
tenants, and  thirteen  second  lieutenants;  two  veterinarians,  one  ser- 

*As  to  the  law  governing  length  of  details.  (Manchu  legislation.)  See  note, 
paragraph  1077,  ante. 

2  By  section  3,  act  of  March  2,  1S99  (30  Stat.  978),  it  is  provided  that  each 
artillery  band  shall  consist  of  one  chief  musician,  one  chief  trumpeter,  one 
principal  musician,  one  drum-major,  who  shall  have  the  rank,  pay,  and  allow- 
ances of  a  first  sergeant,  four  sergeants,  eight  corporals,  one  cook,  and  eleven 
privates. 

The  act  of  February  2,  1901  (31  Stat  749),  in  its  provision  for  the  organiza- 
tion of  the  Artillery  Corps,  authorized  ten  bauds,  organized  as  now  authorized 
by  law  for  artillery  regiments. 


400  MILITARY   LAWS   OF   THE   UNITED   STATES. 

geant-major,  one  quartermaster-sergeant,  one  commissary- sergeant, 
two  battalion  sergeants-major,  two  battalion  quartermaster-ser- 
geants, two  color-sergeants,  one  band,  and  six  batteries  organized 
into  two  battalions  of  three  batteries  each.  Of  the  officers  herein 
provided  the  captains  and  lieutenants  not  required  for  duty  with  bat- 
teries shall  be  available  for  detail  as  regimental  and  battalion  staff 
officers,  and  for  such  other  details  as  may  be  authorized  by  law  and 
regulations.1  Battalion  adjutants  shall  be  detailed  from  the  captains, 
and  battalion  quartermasters  and  commissaries  from  lieutenants. 
Each  field  artillery  band  shall  be  organized  as  provided  by  law  for 
cavalry  bands:  Provided,  That  the  President  in  his  discretion  may 
increase  by  nine  mounted  orderlies  the  regimental  strength  herein 
authorized.  Sec.  7,  id. 

1091.  Same — Battery,  organization;  maximum  enlisted  strength 
not  to  be  increased. — Each  battery  of  field  artillery  shall  consist  of 
one  captain,  two  first  lieutenants,  two  second  lieutenants,  one  first 
sergeant,  one  quartermaster-sergeant,  one  stable  sergeant,  one  chief 
mechanic,  six  sergeants,  twelve  corporals,  four  mechanics,  three  cooks, 
two  musicians,  and  one  hundred  and  tAvo  privates,  the  commissioned 
officers  to  be  assigned  from  among  those  hereinbefore  authorized  for 
the  regiment:  Provided,  That  the  President  in  his  discretion  may 
increase  the  number  of  sergeants  in  any  battery  of  field  artillery  to 
eight,  the  number  of  corporals  to  sixteen,  the  number  of  mechanics 
to  seven,  the  number  of  musicians  to  three,  and  the  number  of 
privates  to  one  hundred  and  forty-nine:  Provided  further,  That 
nothing  contained  in  this  Act  shall  increase  the  total  number  of  en- 
listed men  in  the  line  of  the  Army,  together  with  the  native  scouts, 
as  authorized  by  section  thirty-six  of  the  Act  of  Congress  approved 
February  second,  nineteen  hundred  and  one,  entitled  "An  Act  to  in- 
crease the  efficiency  of  the  permanent  military  establishment  of  the 
United  States."  Sec.  8,  id. 

1902.  Same — Regimental  and  battalion  noncommissioned  staff 
officers,  etc. — The  regimental  and  battalion  noncommissioned  staff 
officers  herein  authorized  for  regiments  of  field  artillery  shall  have 
the  pay  and  allowances  of  corresponding  grades  in  the  cavalry ;  the 
battalion  quartermaster-sergeant  shall  have  the  pay  and  allowances 
of  sergeant-major,  junior  grade,  of  the  Artillery  Corps;  the  chief 
mechanic  the  pay  and  allowances  of  sergeant,  and  the  mechanics  of 
field  artillery  the  pay  and  allowances  of  artificers  of  field  artillery; 
engineer,  sixty-five  dollars  a  month  and  allowances  of  ordnance-ser- 
geant ;  electrician-sergeant,  first  class,  forty-five  dollars  a  month  and 
allowances  of  ordnance-sergeant;  electrician-sergeant,  second  class, 

*As  to  the  law  governing  length  of  details  (Mancliu  legislation),  see  note, 
paragraph  1077,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  401 

thirty-five  dollars  a  month  and  allowances  of  ordnance-sergeant; 
master  gunner,  the  pay  and  allowances  of  ordnance-sergeant;  fire- 
man, thirty  dollars  a  month  and  allowances  of  ordnance-sergeant; 
and  that  the  rates  of  pay  of  all  other  enlisted  men  of  the  coast  and 
the  field  artillery  shall  be  as  now  provided  by  law :  Provided,  That 
casemate  electricians,  observers,  first  class,  and  plotters  shall  receive 
nine  dollars  a  month  in  addition  to  their  pay;  that  chief  planters, 
chief  loaders,  observers,  second  class,  gun  commanders,  and  gun 
pointers  shall  receive  seven  dollars  a  month  in  addition  to  their  pay, 
and  that  first-class  gunners  shall  receive  two  dollars  a  month  and 
second-class  gunners  one  dollar  a  month  in  addition  to  their  pay: 
Provided  further,  That  the  number  of  casemate  electricians  shall  not 
exceed  forty-four;  that  the  numj>er  of  observers,  first  class,  shall  not 
exceed  one  hundred  and  seventy;  that  the  number  of  plotters  shall 
not  exceed  one  hundred  and  seventy;  that  the  number  of  chief 
planters  shall  not  exceed  forty-four;  that  the  number  of  chief  loaders 
shall  not  exceed  forty- four;  that  the  number  of  observers,  second 
class,  shall  not  exceed  one  hundred  and  seventy ;  that  the  number  of 
gun  commanders  shall  not  exceed  three  hundred  and  seventy-eight, 
and  that  the  number  of  gun  pointers  shall  not  exceed  three  hundred 
and  seventy-eight :  And  provided  further,  That  no  enlisted  man  shall 
receive  under  this  section  more  than  one  addition  to  his  pay.1  Sec. 
11,  id.,  863. 

1093.  Same — Composition  and  duties. — The  field  artillery  is  the 
artillery  which  accompanies  an  army  in  the  field,  and  includes  light- 
artillery,  horse  artillery,  siege  artillery,  and  mountain  artillery.    Sec. 
4,  id.,  861. 

1094.  Same — Bands. — Each  field  artillery  band  shall  be  organized 
as  provided  by  law  for  cavalry  bands : 2  Provided,  That  the  President 
in  his  discretion  may  increase  by  nine  mounted  orderlies  the  regi- 
mental strength  herein  authorized.     Sec.  7,  id.,  862. 

INFANTRY. 

1095.  Same — Organization  of  regiment. — Each  regiment  of  infan- 
try shall  consist  of  one  colonel,  one  lieutenant-colonel,  three  majors, 
fifteen  captains,  fifteen  first  lieutenants,  and  fifteen  second  lieuten- 
ants, one  sergeant-major,  one  quartermaster-sergeant,  one  commis- 
sary-sergeant, three  battalion  sergeants-major,  two  color-sergeants, 
with  rank,  pay,  and  allowances  of  battalion  sergeants-major,  one 

1  As  to  pay,  however,  see  Chapter  XVIII.  the  Quartermaster  Corps,  pay  of 
enlisted  men,  paragraphs  G95  and  697-8,  ante. 

"  See  paragraph  1076,  ante,  which  provides  that  each  cavalry  band  shall  consist 
of  one  chief  musician,  one  chief  trumpeter,  one  principal  musician,  one  drum 
ma.ior,  who  shall  have  the  rank,  pay,  and  allowances  of  a  first  sergeant,  four 
sergeants,  eight  corporals,  one  cook,  and  eleven  privates. 

48985°— 15 26 


402  MILITAKY   LAWS   OF    THE   UNITED   STATES. 

band,  and  twelve  companies,  organized  into  three  battalions  of  four 
companies  each.1    Sec.  10,  Act  of  Feb.  8,  1901  (31.  Stat.  750). 

1096.  Same — Colored  regiments. — The  enlisted  men  of  two  regi- 
ments of  infantry  shall  be  colored  men.    Sec.  1108,  R.  S. 

1  This  enactment  replaces  section  1106,  Revised  Statutes,  and  section  4,  act  of 
March  2,  1899  (30  Stat.  977),  in  pari  materia.  Section  28  of -the  act  of  Feb- 
ruary 2,  1901  (31  Stat.  755),  contained  the  requirement  that  "vacancies  in  the 
grade  of  field  officers  and  captain  created  by  this  act  in  the  cavalry,  artillery, 
and  infantry  shall  be  filled  by  promotion  according  to  seniority  in  each  branch 
respectively."  For  method  of  filling  vacancies  created  by  that  enactment  in 
the  grades  of  first  and  second  lieutenant,  see  paragraphs  1102  and  1103,  post. 

The  First  Regiment  of  infantry  was  authorized  by  the  act  of  April  30,  1790 
(1  Stat.  119),  the  Second  by  the  act  of  March  3,  1791  (id.  222),  the  Third  and 
Fourth  by  the  act  of  May  30,  1796  (id.  483),  the  Fifth,  Sixth,  and  Seventh 
regiments  by  the  act  of  June  26,  1812  (2  Stat.  764),  and  the  number  of  regi- 
ments of  infantry  was  fixed  at  seven  by  the  act  to  reduce  and  fix  the  military 
establishment,  approved  March  2,  1821.  The  Eighth  Regiment  was  added  by 
the  act  of  July  5,  1838,  and  the  President  was  authorized,  "  whenever  he  may 
deem  it  expedient,  to  cause  not  exceeding  two  of  the  regiments  of  infantry  to  be 
armed  and  equipped  as  regiments  of  riflemen,  and  one  other  of  the  regiments  of 
infantry  to  be  armed  and  equipped  and  to  serve  as  a  regiment  of  light  infantry." 
The  Ninth  and  Tenth  regiments  were  authorized  by  the  act  of  March  3,  1855 
(10  Stat.  701).  The  Eleventh  to  the  Nineteenth  Regiments,  inclusive,  were 
organized  by  order  of  the  President  on  May  4,  1861,  the  organization  being 
confirmed  by  the  act  of  July  29,  1861  (12  Stat.  279).  Twenty-five  regiments, 
from  the  Twentieth  to  the  Forty-fifth,  inclusive,  were  authorized  by  the  act  of 
July  28,  1866,  of  which  four,  from  the  Thirty-eighth  to  the  Forty-first,  inclu- 
sive, were  to  be  composed  of  colored  men,  and  four,  from  the  Forty-second  to 
the  Forty-fifth,  inclusive,  were  to  be  composed  of  men  who  had  been  wounded 
in  line  of  duty  and  were  to  constitute  a  Veteran  Reserve  Corps.  At  the  reduc- 
tion effected  in  pursuance  of  section  2  of  the  act  of  March  3,  1869  (15  Stat. 
318),  the  number  of  infantry  regiments  was  reduced  to  twenty-five.  In  effect- 
ing the  consolidation  required  by  the  act  above  cited,  the  designations  of  the 
First,  Second,  Third,  Fourth,  Fifth,  Sixth,  Seventh,  Eighth,  Ninth,  Tenth, 
Twelfth,  Thirteenth,  Twentieth,  and  Twenty-third  regiments  were  not  changed ; 
the  Eleventh  Regiment  was  formed,  by  consolidation,  from  the  Twenty-fourth 
and  Twenty-ninth;  the  Fourteenth  from  the  Fourteenth  and  Forty-fifth;  the 
Fifteenth  from  the  Fifteenth  and  Thirty-fifth ;  the  Sixteenth  from  the  Eleventh 
and  Thirty-fourth;  the  Seventeenth  from  the  Seventeenth  and  Forty-fourth; 
the  Eighteenth  from  the  Eighteenth  and  Twenty-fifth;  the  Nineteeth  from  the 
Nineteeth  and  Twenty-eighth;  the  Twenty-first  from  the  Twenty-first  and 
Thirty-second;  the  Twenty-second  from  the  Twenty-second  and  Thirty-first; 
the  Twenty-fourth  from  the  Thirty-eighth  and  Forty-first;  the  Twenty-fifth 
from  the  Thirty-ninth  and  Fortieth.  Five  new  regiments,  from  the  Twenty- 
sixth  to  the  Thirtieth,  inclusive,  were  added  by  section  10,  act  of  February  2, 
1901  (31  Stat.  750). 

The  regiments  organized  prior  to  the  4th  of  May,  1861,  were  composed  of  ten 
companies  each;  those  organized  by  Executive  order  of  that  date  were  each 
composed  of  three  battalions  of  eight  companies  each.  The  organization  pre-. 
scribed  by  the  act  of  July  28,  1866,  fixed  the  organization  of  an  infantry  regi- 
ment at  10  companies,  of  a  cavalry  regiment  at  twelve  companies,  and  a  regi- 
ment of  artillery  at  the  same  number. 

By  the  act  of  April  26,  1898  (30  Stat.  364),  a  battalion  organization  was 
adopted  for  the  infantry,  each  regiment  being  composed  of  two  battalions  of 
four  companies  each,  and  of  two  skeleton,  or  unmanned  companies.  Upon  a 
declaration  of  war  by  Congress,  the  President  was  authorized  to  organize  a 
third  battalion,  to  be  composed  of  the  two  skeleton  companies  and  two  addi- 
tional companies.  By  section  4  of  the  act  of  March  2,  1899  (30  Stat.  977).  the 
regimental  organization  of  infantry  was  made  to  consist  of  three  battalions  of 
four  companies  each;  by  section  15  of  the  same  enactment,  however,  the  regi- 
mental organization,  as  it  existed  on  April  1,  1898,  was  required  to  be  restored 
by  the  discharge  of  supernumerary  officers  and  'enlisted  men.  The  artillery 
regiments  were  exempted  from  this  reduction. 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  403 

1097.  Same — Company    organization. — Each    infantry    company 
shall  consist  of  one  captain,  one  first  lieutenant,  one  second  lieutenant, 
one  first  sergeant,  one  quartermaster-sergeant,  four  sergeants,  six 
corporals,  two  cooks,  two  musicians,  one  artificer,  and  forty-eight 
privates,  the  commissioned  officers  to  be  assigned  from  those  herein- 
before authorized.1    Sec.  10,  Act  of  Feb.  0,  1901  (31  Stat.  750). 

1098.  Same — Increase   as   to   noncommissioned   officers   and  pri- 
vates.— The  President,  in  his  discretion,  may  increase  the  number  of 
sergeants  in  any  company  of  infantry  to  six,  the  number  of  corporals 
to  ten,  and  the  number  of  privates  to  one  hundred  and  twenty-seven, 
but  the  total  number  of  enlisted  men  authorized  for  the  whole  Army 
shall  not  at  any  time  be  exceeded.     Id. 

1099.  Same — Bands,  organization  of. — Each  infantry  band  shall 
consist  of  one  chief  musician,  one  principal  musician,  one  drum- 
major,  who  shall  have  the  rank,  pay,  and  allowances  of  a  first  ser- 
geant, four  sergeants,  eight  corporals,  one  cook,  and  twelve  privates.2 
Sec.  4,  Act  of  Mar.  2, 1899  (30  Stat.  978} . 

1100.  Same — Details,  regimental  staff,  etc. — Of  the  officers  herein 
provided,  the  captains  and  lieutenants  not  required  for  duty  with 
the  companies  shall  be  available  for  detail  as  regimental  and  bat- 
talion staff  officers  and  such  other  details  as  may  be  authorized  by  law 
or  regulation.3    Sec.  10,  Act  of  Feb.  2, 1901  (31  Stat.  750). 

1101.  Vacancies,  how  -filled. — Vacancies  in  the  grade  of  field  officers 
and  captain  created  by  this  act,  in  the  cavalry,  artillery,  and  infantry 
shall  be  filled  by  promotion  according  to  seniority  in  each  branch 
respectively.     Sec.  28,  id.,  755. 

1102.  Same — After  promotions. — Vacancies  existing  after  the  pro- 
motions have  been  made  shall  be  provided  for  as  follows :  A  sufficient 
number  shall  be  reserved  in  the  grade  of  second  lieutenant  for  the 
next  graduating  class  at  the  United  States  Military  Academy. 

Persons  not  over  forty  years  of  age  who  shall  have,  at  any  time, 
served  as  volunteers  subsequent  to  April  twenty-first,  eighteen  hundred 
and  ninety-eight,  may  be  ordered  before  boards  of  officers  for  such  ex- 
amination as  may  be  prescribed  by  the  Secretary  of  War,  and  those 
who  establish  their  fitness  before  these  examining  boards  may  be 
appointed  to  the  grades  of  first  or  second  lieutenant  in  the  Regular 
Army,  taking  rank  in  the  respective  grades  according  to  seniority 
as  determined  by  length  of  prior  commissioned  service;  but  no  per- 
son appointed  under  the  provisions  of  this  section  shall  be  placed 

1  See  note  to  paragraph  1095,  ante. 

*  Section  10,  act  of  February  2,  1901  (31  Stat.  750),  contained  the  requirement 
that  "each  infantry  band  shall  be  organized  as  now  required  by  law."  (See 
note,  par.  1095,  ante.) 

'As  to  the  law  governing  length  of  details  (Manchu  legislation),  see  note 
to  paragraph  1077,  ante. 


404  MILITARY   LAWS  OF    THE   UNITED   STATES. 

above  another  in  the  same  grade  with  longer  commissioned  service, 
and  nothing  herein  contained  shall  change  the  relative  rank  of  offi- 
cers heretofore  commissioned  in  the  Regular  Army.  Id. 

1103.  Same — Appointment  of  enlisted  men. — Enlisted  men  of  the 
Eegular  Army  or  volunteers  may  be  appointed  second  lieutenants  in 
the  Regular  Army  to  vacancies  created  by  this  act,  provided  that  they 
shall  have  served  one  year  under  the  same  conditions  now  authorized 
by  law  for  enlisted  men  of  the  Regular  Army.     Id.,  756. 

1104.  Prison    guard — Organization    of. — Hereafter    recruit    and 
prison  companies  shall  have  noncommissioned  officers,  musicians, 
artificers  and  cooks  of  the  numbers  and  grades  allowed  by  law  for 
companies  of  infantry.    Act  of  Mar.  2, 1907  (34  Stat.  1160). 

MAXIMUM  STRENGTH. 

1105.  The  President  is  authorized  to  maintain  the  enlisted  force  of 
the  several  organizations  of  the  Army  at  their  maximum  strength 
as  fixed  by  this  act  during  the  present  exigencies  of  the  service,  or 
until  such  time  as  Congress  may  hereafter  otherwise  direct.1    Sec. 
30,  Act  of  Fel.  2, 1901  (31  Stat.  756). 

1  For  the  maximum  strength  referred  to  in  this  section,  see,  as  to  the  cavalry 
troop,  section  2,  act  of  February,  1901  (31  Stat.  748),  paragraph  1075,  ante; 
as  to  the  artillery  arm,  see  section  6,  ibid.,  paragraphs  1088-1091,  ante;  as  to 
the  infantry  company,  see  section  10,  ibid.,  paragraphs  1097-1098,  ante;  as  to 
the  engineer  company,  see  section  11,  ibid.,  paragraph  796,  ante;  for  a  similar 
authority  to  increase  the  strength  of  the  several  organizations  in  time  of  war, 
see  the  act  of  April  26,  1898  (30  Stat.  364).  Section  36,  act  of  February  2,  1901 
(31  Stat.  757),  contains  the  requirement  that  the  "  total  of  the  enlisted  men  of 
the  line  of  the  Army,  together  with  the  native  force  therein  authorized,  shall 
not  exceed,  at  any  time,  one  hundred  thousand  men." 


CHAJPTER    XXVIII. 


THE   UNITED   STATES   MILITAEY  ACADEMY— THE 
AEMY  WAK  COLLEGE— THE  SERVICE  SCHOOLS. 


Par. 

Military  and  academic  staff..  1106-1138 
Officers,  professors,  and  instruc- 
tors   1106 

Supervision  of  the  academy. . .  1107 
Appointment  of  officers  and  pro- 
fessors   1108 

Selection  of  officers 1109 

Rank    of   superintendent   and 

commandant 1110 

Superintendent  in  command  of 

academy  and  post 1111 

Commandant  in   command    of 

battalion  of  cadets 1112 

Superintendent  and  comman- 
dant, pay  and  allowances...  1113 

Command  of  academic  staff 1114 

Leave  of  absence  of  superin- 
tendent   1115 

Professor  of  law,  assignment.  . .   1116 
Associate   professor  of   mathe- 
matics    1117 

Associate  professor  of  modern 

languages 1118 

Professor  of  ordnance  and  gun- 
nery   1119 

Assistant  professors  of  ordnance 

and  gunnery 1120 

Professor  of  English  and  history .  1121 
Assistant  professors  of  English 

and  history 1122 

Instructor  of  military  hygiene. .  1123 
Professor  of  military  hygiene. . .  1124 
Professors,  pay  and  allowances.  1125 
Professors  and  associate  profes- 
sors, rank 1126 

Assistant  professors,  pay  and  al- 
lowances    1127 

Assistant  instructors  of  tactics, 

pay  and  allowances 1128 

Professors,  retirement 1129 

Restriction  on  detail  of  gradu- 
ates as  professors  and  instruc- 
tors   1130 

Master  of  the  sword,  rank  and 
pay 1131 


Par. 
Military  and  academic  staff — Contd. 

Same 1132 

Chaplain,  appointment  and  ten- 
ure   1133 

Librarian;  assistant  librarian...  1134 

Adjutant 1135 

Quartermaster  and  commissary 

of  cadets 1136 

Constructing  quartermaster 1137 

Leave  of  absence  of  officers,  pro- 
fessors, etc 1138 

The  corps  of  cadets 1139-1164 

Number  and  appointment 1139 

Number  at  large 1140 

Increase  in  corps 1141 

Appointee  from  Porto  Rico 1142 

Appointees  from  the  Philippine 

Islands 1143 

Appointees  from  the  District  of 

Columbia 1144 

Appointment  in  advance 1145 

Age  of  appointees 1146 

Qualifications  for  admission 1147 

Physical  examination 1148 

Dates  of  admission 1149 

Oath 1150 

Engagement  for  service 1151 

Traveling   expenses   of   candi- 
dates   1152 

Pay  and  allowances 1153 

Graduation  and  commission 1154 

One  additional  officer  only  to 

each  company 1155 

Pay  of  graduated  cadets 1156 

Mileage  of  graduated  cadets  from 

home  to  first  station 1157 

Organization  into  companies...  1158 

Liability  to  duty 1159 

No  study  on  Sunday 1160 

Instruction  in  physiology,  etc. .  1161 

Deficient  cadets 1162 

Courts-martial   for  trial  of  ca- 
dets    1163 

Hazing 1164 

405 


406 


MILITARY  LAWS  OF   THE  UNITED  STATES. 


Par. 

Military  Academy  Band 1165-1167 

Organization  and  allowances...  1165 

Pay 1166 

Music  furnished  outside  of  reser- 
vation   1167 

Detachments  of  enlisted  men.   1168-1171 
Army  service  men,  Quartermas- 
ter Corps 1168 

Same — not    entitled    to    extra 

duty 1169 

Restriction  on  strength  of  de- 
tachments   1170 

Engineer  detachment 1171 

The  library 1172-1173 

Senate  documents  for  library. . .  1172 
Depository  of  Government  pub- 
lications   1173 

The  Board  of  Visitors 1174-1175 

How  constituted  and  appointed.  1174 
Duties...  .  1175 


Par. 

Miscellaneous 1176-1188 

Additional  pay  of  certain  enlist- 
ed men 1176 

Contingencies   of   superintend- 
ent  1177 

Contingent  fund '. 1178 

Proceeds  of  sale  of  unserviceable 

material 1179 

The  Cullum  Memorial  Hall 1180 

Buildings  for  religious  worship.  1181 

The  Army  War  College 1182 

The  service  schools 1183 

The  engineer  school 1184 

The  Artillery  schools 1185 

The  Mounted  Service  School..  1186 
Leaves  of  absence  of  instructors 

at  service  schools 1187 

Prizes  for  graduates  from  Army 
schools  for  bakers  and  cooks.  1188 


THE  MILITARY  ACADEMY.1 

1106.  Officers,  Professors,  and  Instructors. — The  United  States 
Military  Academy  at  West  Point,  in  the  State  of  New  York,1  shall 
be  constituted  as  follows:  There  shall  be  one  superintendent;  one 
commandant  of  cadets;  one  senior  instructor  in  the  tactics  of  artil- 
lery; one  senior  instructor  in  the  tactics  of  cavalry;  one  senior  in- 
structor in  the  tactics  of  infantry;  one  professor  and  one  assistant 
professor  of  civil  and  military  engineering ; 2  one  professor  and  one 
assistant  professor  of  natural  and  experimental  philosophy ; 3  one 
professor  and  one  assistant  professor  of  mathematics ; 4  one  professor 
and  one  assistant  professor  of  chemistry,  mineralogy,  and  geology ; 5 
one  professor  and  one  assistant  professor  of  drawings ; 6  one  pro- 

1  The  Military  Academy  was  established  in  pursuance  of  authority  conferred 
by  the  act  of  March  16,  1802   (2  Stat.  137),  which  contained  a  requirement 
authorizing  the  President  to  establish  a  corps  of  engineers :  "  The  said  corps, 
when  so  organized,  shall  be  stationed  at  West  Point,  in  the  State  of  New  York, 
and  shall  constitute  a  military  academy."     Sections  26  and  27,  act  of  March  16, 
1802  (2  Stat.  137).    The  post  of  West  Point  ceased  to  be  an  engineer  station 
and  the  control  of  the  Military  Academy  was  transferred  from  the  Chief  of 
Engineers  to  such  officer  or  officers  as  the  Secretary  of  War  may  assign  to  that 
duty  by  the  act  of  July  13,  1866  (14  Stat.  92). 

2  The  office  of  professor  of  civil  and  military  engineering  was  established  by 
section  2  of  the  act  of  April  29,  1802  (2  Stat.  720). 

8  The  office  of  professor  of  natural  and  experimental  philosophy  was  estab- 
lished by  section  2  of  the  act  of  April  29,  1802  (2  Stat.  702). 

4  The  office  of  professor  of  mathematics  was  established  by  section  2  of  the 
act  of  April  29,  1802  (2  Stat.  702). 

§  The  office  of  professor  of  chemistry,  mineralogy,  and  geology  was  established 
by  section  19  of  the  act  of  July  5,  1838  (5  Stat.  259). 

a  The.  office  of  teacher  of  drawing,  first  created  by  Executive  order,  received 
statutory  recognition  in  section  2  of  the  act  of  April  29,  1812  (2  Stat.  720). 
The  office  of  professor  of  drawing  was  established  by  section  3  of  the  act  of 
August  8,  1846  (9  Stat.  161). 


MILITARY  LAWS  OF  THE  UNITED  STATES.  407 

f essor  of  modern  languages ; 1  one  assistant  professor  of  the  French 
language;  one  assistant  professor  of  the  Spanish  language;2  one 
assistant  professor  of  law ;  one  adjutant; 3  one  master  of  the  sword;  * 
and  one  teacher  of  music.  Sec.  1309,  R.  S. 

1107.  Supervision  of  the  Academy. — The  supervision  and  charge  of 
the  Academy  shall  be  in  the  War  Department,  under  such  officer  or 
officers  as  the  Secretary  of  War  may  assign  to  that  duty.5    Sec.  1331. 
R.S. 

1108.  Appointment  of  Officers  and  Professors. — The  superintend- 
ent, the  commandant  of  cadets,  and  the  professors  shall  be  appointed 
by  the  President.    The  assistant  professors,  acting  assistant  profes- 
sors, and  the  adjutant  shall  be  officers  of  the  Army,  detailed  and 
assigned  to  such  duties  by  the  Secretary  of  War,  or  cadets  assigned 
by  the  superintendent,  under  the  direction  of  the  Secretary  of  War. 
Sec.  1313,  R.  S. 

1109.  Selection  of  Officers. — The  superintendent  and  commandant 
of  cadets  may  be  selected,  and  all  other  officers  on  duty  at  the  Acad- 
emy may  be  detailed,  from  any  arm  of  the  service.    Sec.  13H,  R.  S. 

1110.  Rank  of  Superintendent  and  Commandant. — The  superin- 
tendent and  the  commandant  of  cadets,  while  serving  as  such,  shall 

1The  office  of  teacher  of  French,  first  established  by  Executive  regulation, 
received  statutory  recognition  in  section  2  of  the  act  of  April  29,  1802  (2  Stat. 
702).  The  office  of  professor  of  French  was  established  by  section  3  of  the  act 
of  August  8,  1846  (9  Stat.  361).  The  act  of  June  20,  1879  (21  Stat.  34),  con- 
tained the  requirement  that  *•  when  a  vacancy  occurs  in  the  office  of  professor 
of  the  French  language  or  in  the  office  of  professor  of  the  Spanish  language  in 
the  Military  Academy,  both  these  offices  shall  cease,  and  the  remaining  one  of 
the  two  professors  shall  be  professor  of  modern  languages;  and  thereafter 
there  shall  be  in  the  Military  Academy  one,  and  only  one,  professor  of  modern 
languages."  On  June  30,  1882,  a  vacancy  having  occurred  in  the  office  of  pro- 
fessor of  Spanish,  the  statute  became  operative  and  the  offices  of  professor  of 
French  and  professor  of  Spanish  were  merged,  by  operation  of  law,  in  the 
office  of  professor  of  modern  languages.  The  office  of  professor  of  Spanish, 
created  by  section  2  of  the  act  of  February  15,  1857  (11  Stat.  161),  ceased  to 
exist,  by  operation  of  law,  on  June  30,  1882,  having  been  merged  in  the  office  of 
professor  of  modern  languages  in  conformity  to  section  4  of  the  act  of  June  20, 
1879  (21  Stat.  34). 

For  notes  in  respect  to  the  establishment  of  the  offices  of  instructor  of 
ordnance  and  gunnery  and  practical  military  engineering,  see  notes  1  and  2  on 
page  411,  post. 

2  The  offices  of  assistant  professor  of  civil  and  military  engineering,  natural 
and  experimental  philosophy,  and  mathematics  were  established  by  section  2 
of  the  act  of  April  29,  1812  (2  Stat.  720)  ;  that  of  chemistry,  mineralogy,  and 
geology  by  section  19  of  the  act  of  July  5,  1838  (5  Stat.  259)  ;  those  of  French 
and  drawing  by  section  2  of  the  act  of  August  6,  1852   (10  Stat.  29;  that  of 
Spanish  by  section  3  of  the  act  of  February  28,  1867  (14  Stat.  416),  and  that  of 
law  by  the  act  of  January  5,  1895  (28  Stat.  630). 

3  For  the  status  of  this  office  see  paragraph  1135,  post. 

*  For  the  status  of  this  office  see  paragraphs  1131  and  1132,  post. 

"The  Military  Academy  is  exempted  from  the  control  and  supervision  of  de- 
partment commanders  by  the  terms  of  paragraph  191,  Army  Regulations  of  1913, 
except  as  to  the  administration  of  military  justice ;  and  the  superintendent  has 
power  to  convene  general  courts-martial  for  the  trial  of  enlisted  men.  (Act  of 
Mar.  2,  1913,  37  Stat.  722.) 


408  MILITABY  LAWS  OF   THE  UNITED  STATES. 

have,  respectively,  the  local  rank  of  colonel  and  lieutenant-colonel  of 
engineers.1    Sec.  1310,  R.  S. 

1111.  Superintendent  in  Command  of  Academy  and  Post. — The 
superintendent,  and,  in  his  absence,  the  next  in  rank,  shall  have  the 
immediate  government  and  military  command  of  the  Academy,  and 
shall  be  commandant  of  the  military  post  of  West  Point.2    Sec.  1311. 
E.S. 

1112.  Commandant  in  command  of  battalion  of  cadets. — The  com- 
mandant of  the  cadets  shall  have  the  immediate  command  of  the 
battalion  of  cadets,  and  shall  be  instructor  in  the  tactics  of  artillery, 
cavalry,  and  infantry.    Sec.  1312,  R.  S. 

1  The  office  of  superintendent  was  created  by  section  28  of  the  act  of  March  16, 
1802  (2  Stat.  137),  which  contained  the  requirement  that  "the  principal  engi- 
neer and,  in  his  absence,  the  next  in  rank,  shall  have  the  superintendence  of  the 
Military  Academy  under  the  direction  of  the  President  of  the  United  States." 
So  much  of  the  act  of  March  16,  1802,  as  restricted  the  appointment  to  this  office 
to  the  Corps  of  Engineers  was  replaced  by  section  6  of  the  act  of  July  16,  1866 
(14  Stat.  92),  which  vested  the  supervision  of  the  Academy  in  the  War  Depart- 
ment, under  such  officer  or  officers  as  the  Secretary  of  War  may  assign  to  that 
duty.  By  the  act  of  January  12,  1858  (11  Stat  333),  the  local  rank  of  colonel 
of  engineers  was  conferred  upon  the  superintendent. 

The  act  of  June  20,  1840  (5  Stat.  398),  contained  the  requirement  that  the 
commander  of  the  corps  of  cadets  should  be  either  the  instructor  of  infantry 
tactics,  of  cavalry  or  artillery  tactics,  or  of  practical  engineering ;  and  his  pay 
and  emoluments  were  in  no  case  to  be  less  than  those  allowed  by  law  to  the 
professor  of  mathematics.  By  the  act  of  June  12,  1858  (11  id.,  333),  the  pay 
of  this  officer  was  fixed  at  that  of  a  lieutenant-colonel. 

*  The  post  of  West  Point  is  one  of  the  military  posts  of  the  United  States,  and 
the  appropriation  for  the  construction  of  buildings  at  military  posts  is  appli- 
cable to  the  erection  of  such  quarters  as  are  for  the  use  of  the  military  post  at 
that  place  and  independent  of  the  Military  Academy  located  there.  (5  Comp. 
Dec.,  812;  3  Dig.  Dec.  Sec.  Comp.,  216.) 

Expenditures  for  the  support  of  the  Military  Academy  must  be  limited  to  the 
amounts  appropriated  iii  the  acts  for  the  support  of  the  Academy,  unless  a 
contrary  purpose  on  the  part  of  Congress  clearly  appears  in  its  legislation. 
(Id.,  216.) 

Residents  and  visitors  at  the  Academy. — No  person  can  be  entitled,  as  a  matter 
of  right,  to  enter  within  the  limits  of  this  post  unless  he  be  authorized  to  do  so 
by  the  laws  of  the  United  States,  or  by  some  officer  having  authority  under  the 
law  to  grant  permission  to  enter  such  limits.  The  Superintendent  of  the  Acad- 
emy, as  commandant  of  this  post,  has  a  general  authority  to  prevent  any  per- 
son in  civil  life  residing  permanently  or  temporarily  at  the  post,  or  occasionally 
resorting  to  the  post,  from  interrupting  its  discipline,  or  obstructing  in  any  way 
the  performance  of  the  duties  assigned  by  law  to  the  officers  and  cadets.  In  the 
exercise  of  a  sound  discretion,  the  commandant  of  the  post  may  therefore  order 
from  it  any  person  not  attached  to  it  by  law  whose  presence  is,  in  his  judgment, 
injurious  to  the  interests  of  the  Academy.  And  in  case  any  person  so  ordered 
shall  refuse  to  depart,  after  reasonable  notice  and  within  a  reasonable  time, 
having  regard  to  the  circumstances  of  the  case,  I  think  the  Superintendent  may 
lawfully  remove  him  by  force.  (Ill  Opin.  Att.  Gen ,  268-273.)  When,  however, 
the  United  States  have  leased  a  dwelling  house  within  the  post  belonging  to 
them  to  an  individual,  they  have  no  greater  right  than  an  individual  would 
have  in  respect  to  the  ejectment  of  the  lessee.  (Id.) 

No  person  has  the  right  to  enter  the  limits  of  the  post  of  West  Point,  not  even 
to  visit  the  post-office  there,  unless  specially  authorized  by  the  laws  of  the 
United  States  or  by  some  officer  having  authority  to  grant  permission.  (Id.) 

The  Superintendent  of  the  Military  Academy  is  not  in  general  authorized  to 
arrest  and  confine  in  the  guardhouse  a  civilian  for  a  mere  breach  of  the  police 
regulations  of  the  post  or  Academy.  His  proper  remedy  is  to  have  the  offender 
removed  as  soon  as  practicable,  and  without  unnecessary  force,  from  the  reser- 
vation. (Dig.  Opin.  J.  A.  G.,  p.  267,  V.  A.  3d  (1).) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  409 

1113.  Superintendent  and  commandant,  pay  and  allowances. — The 
superintendent  of  the  Military  Academy  shall  have  the  pay  of  a 
colonel,  and  the  commandant  of  cadets  shall  have  the  pay  of  a  lieu- 
tenant-colonel.   Sec.  1334,  R.  S. 

1114.  Command  of  academic  staff. — The  academic  staff,  as  such, 
shall  not  be  entitled  to  any  command  in  the  Army  separate  from  the 
Academy.    Sec.  1314,  R.  S. 

1115.  Leave  of  absence  of  superintendent. — Hereafter  the  Secre- 
tary of  War  may  grant  the  superintendent  of  the  academy  leave  of 
absence  without  deduction  from  pay  or  allowances  for  the  same  pe- 
riod that  the  superintendent  may  grant  leave  of  absence  to  other 
officers  of  the  academy  under  the  provisions  of  section  thirteen  hun- 
dred and  thirty  of  the  Eevised  Statutes.    Act  of  Aug.  9,  1912  (37 
Stat.  263}. 

1116.  Professor  of  law — Assignment. — The  Secretary  of  War  may 
assign  one  of  the  judge-advocates  of  the  Army  to  be  professor  of 
law.     Act  of  June  6,  1874  (18  Stat.  60).    Provided,  That  the  Sec- 
retary of  War  may,  in  his  discretion,  assign  any  officer  of  the  Army 
as  professor  of  law.1    Act  of  June  1, 1880  (21  Stat.  153). 

1117.  Associate  professor   of  mathematics. — There   shall  be   ap- 
pointed at  the  Military  Academy  from  the  Army,  in  addition  to  the 
professors  authorized  by  the  existing  laws,  an  associate  professor  of 
mathematics,  who  shall  receive  the  pay  and  allowances  of  a  captain 
mounted,  and  when  his  service  as  associate  professor  of  mathematics 
at  the  Academy  exceeds  ten  years,  he  shall  receive  the  pay  and  allow- 
ances of  major;  and  hereafter  there  shall  be  allowed  and  paid  to  the 
said  associate  professor  of  mathematics  ten  per  centum  of  his  current 
yearly  pay  for  each  and  every  term  of  five  years'  service  in  the  Army 
and  at  the  Academy :  Provided,  That  such  addition  shall  in  no  case 
exceed  forty  per  centum  of  said  yearly  pay;  and  said  associate  pro- 
fessor of  mathematics  is  hereby  placed  upon  the  same  footing  as  re- 
gards restrictions  upon  pay  and  retirement  from,  active  service  as 
officers  of  the  Army.    Act  of  Mar.  1, 1893  (27  Stat.  515) . 

1118.  Associate  professor  of  modern  languages. — For  pay  of  one 
associate  professor  of  modern  languages  in  addition  to  pay  as  cap- 
tain, five  hundred  dollars:  Provided,  That  the  Secretary  of  War 
shall  assign  an  officer  of  the  Army  to  the  Military  Academy  as  asso- 
ciate professor  of  modern  languages,  and  that  such  officer,  while  so 
serving,  shall  receive  the  pay  and  allowances  of  a  major.    Act  of  Mar. 
3,1903  (32  Stat.  1012). 

1119.  Professor  of  ordnance  and  gunnery. — For  pay  of  one  pro- 
fessor of  ordnance  and  science  of  gunnery  (lieutenant-colonel),  in 
addition  to  pay  as  major:  Provided,  That  the  position  shall  be  filled 

xThe  acts  of  June  27,  1881  (21  Stat.  319),  and  June  30,  1882  (22  Stat.  125), 
contain  a  similar  provision. 


410  MILITARY  LAWS  OF   THE  UNITED  STATES. 

by  the  detail  of  an  officer  of  the  Army,  who,  while  so  serving,  shall 
have  the  title  and  status  of  other  professors,  *  *  *  five  hundred 
dollars.1  Act  of  Mar.  2,  1907  (34  Stat.  1063). 

1120.  Assistant  professors  of  ordnance  and  gunnery. — For  pay  of 
nine  assistant  professors  (captains),  two  of  whom  are  hereby  author- 
ized hereafter  for  the  department  of  English  and  history  and  the 
department  of  ordnance  and  gunnery,  one  for  each  department,  re- 
spectively, in  addition  to  pay  as  first  lieutenant,  three  thousand  six 
hundred  dollars.    Act  of  Mar.  3, 1911  (36  Stat.  1016). 

1121.  Professor  of  English  and  history.— The  head  of  the  depart- 
ment of  English  and  history  shall  hereafter  have  the  same  status  as 
the  professors  at  the  head  of  the  other  departments  of  instruction 
at  the  Military  Academy,  and  the  President  of  the  United  States  is 
hereby  authorized,  by  and  with  th'e  consent  of  the  Senate,  to  appoint 
a  civilian  in  the  department  of  English  and  history,  United  States 
Military  Academy,  a  professor  at  the  Military  Academy,  with  the 
rank,  pay,  allowances,  title,  and  status  of  the  other  professors :  Pro- 
vided further,  That  the  provisions  of  law  relating  to  retirement  for 
disability  in  line  of  duty  shall  not  apply  in  the  case  of  this  professor 
until  after  he  shall  have  served  fifteen  years  at  the  Military  Academy. 
Act  of  Apr.  19,  1910  (36  Stat.  31%). 

1122.  Assistant  professors  of  English  and  history. — Hereafter  two 
assistant  professors  shall  be  authorized  in  the  department  of  English 
and  history,  one  for  English  and  one  for  history.    Act  of  Aug.  9, 
1912  (37  Stat.  252). 

1123.  Instructor  of  military  hygiene. — The  Secretary  of  War  may 
detail  an  officer  of  the  Medical  Corps  of  the  Army  to  the  Military 
Academy  as  instructor  of  military  hygiene.    Act  of  Mar.  ^,  1909  (35 
Stat.  1028). 

1124.  Professor  of  military  hygiene. — Hereafter  any  officer  detailed 
from  the  Medical  Corps  of  the  Army  as  senior  medical  officer  of  the 
post  at  the  Military  Academy,  whose  rank  shall  not  be  below  that 
of  lieutenant-colonel,  shall  be  the  professor  of  military  hygiene. 
Act  of  Apr.  19, 1910  (36  Stat.  312). 

1125.  Professors,  pay  and  allowances. — Each  of  the  professors  of 
the  Military  Academy  whose  service  as  professor  at  the  Academy 
exceeds  ten  years  shall  have  the  pay  and  allowances  of  colonel, 
and  all  other  professors  shall  have  the  pay  and  allowances  of  lieu- 
tenant-colonels; 2  and  the  instructors  of  ordnance  and  science  of 

1  See  paragraph  1125,  post. 

2  The  act  of  April  29,  1812   (2  Stat.  702),  conferred  upon  the  professor  of 
natural  and  experimental  philosophy  the  pay  and  emoluments  of  a  lieutenant 
colonel ;  and  that  of  major  upon  the  professors  of  engineering  and  mathematics. 
The  professor  of  chemistry,  mineralogy,  and  geology  was  placed  upon  the  same 
footing,  in  respect  to  pay  and  emoluments,  as  the  professor  of  mathematics, 
by  section  19  of  the  act  of  July  5,  1838   (5  Stat.  259).     By  the  act  of  March 
3,  1851   (9  Stat.  594),  the  pay  of  the  professors  of  engineering,  natural  and 


MILITAKY   LAWS   OF  THE  UNITED  STATES.  411 

gunnery 1  and  of  practical  engineering  2  shall  have  the  pay  and  allow- 
ances of  major;  and  hereafter  there  shall  be  allowed  and  paid  to  the 
said  professors  ten  per  centum  of  their  current  yearly  pay  for  each 
and  every  term  of  five  years'  service  in  the  Army  and  at  the  Acad- 
emy: Provided,  That  such  addition  shall  in  no  case  exceed  forty 
per  centum  of  said  yearly  pay ;  and  said  professors  are  hereby  placed 
upon  the  same  footing,  as  regards  restrictions  upon  pay  and  retire- 
ment from  active  service,  as  officers  of  the  Army.  Sec.  1336,  R.  S. 

experimental  philosophy,  mathematics,  and  chemistry  was  fixed  at  $2,000  per 
annum,  and  that  of  the  professors  of  French  and  drawing  at  $1,500  per  annum 
these  sums  to  be  "  in  lieu  of  pay  proper,  ordinary  rations,  forage,  and  servants." 
By  section  2  of  the  act  of  February  16,  1857  (11  Stat  161),  the  pay  of  profes- 
sor of  Spanish  was  fixed  at  $2,000  per  annum,  subject  to  the  restrictions 
contained  in  the  act  of  March  3,  1851.  By  section  13  of  the  act  of  July  15,  1870 
(16  Stat.  319),  professors  whose  "service  exceeded  thirty-five  years  were  to 
receive  the  pay  and  allowances  of  colonels;  those  whose  service  had  been 
less  than  thirty-five  years,  but  exceeded  twenty-five  years,  were  to  receive  the 
pay  and  allowances  of  lieutenant  colonels,  and  all  other  professors  were  to 
receive  the  pay  and  emoluments  of  major.  By  the  act  of  February  28,  1873 
(17  Stat.  479),  professors  whose  service  exceeded  ten  years  were  to  receive  the 
pay  and  emoluments  of  colonels,  and  all  other  professors  the  pay,  etc.,  of  lieu- 
tenant colonels.  This  statute  was  amended  by  section  4  of  the  act  of  June  23, 
1874  (21  Stat.  34),  so  as  to  require  ten  years'  service  as  a  professor  at  the 
Military  Academy  as  a  condition  precedent  to  receiving  the  pay  and  allowances 
of  colonel. 

By  the  act  of  August  9,  1912  (37  Stat.  264),  it  is  provided  "That  any  officer 
of  the  United  States  Army  now  holding  the  position  of  permanent  professor  at 
the  United  States  Military  Academy  who  on  July  first,  nineteen  hundred  and 
fourteen,  should  have  served  not  less  than  thirty-three  years  in  the  Army, 
one-third  of  which  service  shall  have  been  as  professor  and  instructor  at  the 
Military  Academy,  shall  on  that  date  have  the  rank,  pay,  and  allowances  of  a 
colonel  in  the  Army." 

The  professors  of  the  Military  Academy  do  not  belong  to  the  staff  of  the 
Army  within  the  meaning  of  section  1205,  Revised  Statutes,  since  they  have 
no  military  rank  or  grade.  The  fact  that  they  are  authorized  by  the  President 
to  wear  the  uniform  of  the  rank  as  of  which  they  are  paid  does  not  invest 
them  with  such  rank.  This  can  be  given  them  by  Congress  alone.  (Dig.  Opin. 
J.  A.  G.,  McClure,  2066,  par.  2.) 

A  captain  of  cavalry  does  not  vacate  his  office  as  such  by  the  acceptance  of 
that  of  professor  of  the  Military  Academy,  there  being  no  incompatibility  in 
the  functions  of  the  two  offices.  (Id.,  1812.) 

The  professors  of  the  Military  Academy  at  West  Point  are  commissioned 
officers  of  the  Army,  whose  pay  and  allowances  are  assimilated  to  those  of  a 
lieutenant  colonel  and  a  colonel ;  and  in  case  of  such  disability  as  is  described 
in  section  4693,  Revised  Statutes,  they  are  entitled  to  pensions  at  the  same 
rate  with  officers  of  the  rank  of  lieutenant  colonel.  (XVII  Opin.  Att.  Gen.,  359.) 

*The  office  of  instructor  of  ordnance  and  gunnery  was  established  by  the 
Secretary  of  War,  on  the  recommendation  of  the  academic  board,  on  December 
31,  1856;  the  duties  of  the  former  instructor  of  artillery,  which  were  not  con- 
nected with  instruction  in  the  drill  regulations  of  the  arm,  being  transferred 
to  the  office  thus  established.  By  the  act  of  June  12,  1858  (11  Stat.  333),  the 
duty  of  instruction  in  the  drill  regulations  was  vested  in  the  commandant  of 
cadets  and  the  assistant  instructors  authorized  by  that  enactment.  An  officer 
of  ordnance  was  assigned  to  duty  as  instructor  of  ordnance  and  gunnery  by 
Special  Orders,  No.  31,  H.  Q.  U.  S.  Military  Academy  on  February  27,  1857. 
(See  par.  1106,  ante.) 

"The  office  of  instructor  of  practical  military  engineering  was  established 
by  section  2  of  the  act  of  July  20,  1840  (5  Stat.  397)  ;  upon  the  recommenda- 
tion of  the  Chief  of  Engineers,  dated  April  24,  1844,  an  officer  of  engineers  was 
appointed  to  the  office. 


412  MILITAEY  LAWS  OF   THE  UNITED   STATES. 

1126.  Professors  and  associate  professors,  rank. — The  professors 
and  the  associate  professor  of  the  United  States  Military  Academy 
shall  have  the  actual  rank  in  the  United  States  Army  now  assigned 
to  them  by  assimilation  in  the  regulations  of  the  Military  Academy 
prescribed  by  the  President  of  the  United  States,  and  that  they  shall 
exercise  command  only  in  the  academic  department  of  the  United 
States  Military  Academy.    Act  of  June  28, 1902  (32  Stat.  409). 

1127.  Assistant  professors,  pay  and  allowances. — Each  assistant 
professor  and  each  senior  assistant  instructor  of  cavalry,  artillery, 
and  infantry  tactics  shall  receive  the  pay  of  a  captain.1    Sec.  1337, 
R.S. 

1128.  Assistant  instructors  of  tactics,  pay  and  allowances. — The 
assistant  instructors  of  tactics  commanding  cadet  companies  at  West 
Point  shall  receive  the  pay  and  allowances  as  assistant  professors  in 
the  other  branches  of  study.2    Act  of  Mar.  3, 1875  (18  Stat.  467} . 

1129.  Professors,    retirement. — The    professors    of    the    Military 
Academy  at  West  Point  are  placed  on  the  same  footing,  as  to  retire- 
ment from  active  service,  as  officers  of  the  Army.    Sec.  1333,  R.  S. 

1130.  Restriction  on  detail  of  graduates  as  professors  and  instruc- 
tors.— Hereafter  no  graduate  of  the  Military  Academy  shall  be  as- 
signed or  detailed  to  serve  at  said  Academy  as  a  professor,  instruc- 
tor, or  assistant  to  either,  within  two  years  after  his  graduation,  and 
so  much  of  the  act  of  June  thirtieth,  eighteen  hundred  and  eighty- 
i  wo,  as  requires  a  longer  service  than  two  years  for  said  assignments 
or  details  is  hereby  repealed.3    Act  of  July  26, 1894  (88  Stat.  151). 

1131.  Master  of  the  sword,  rank  and  pay. — The  master  of  the  sword 
shall  hereafter  act  as  instructor  of  military  gymnastics  and  physical 
culture  at  the  Military  Academy,  and  shall  have  the  relative  rank  and 
shall  be  entitled  to  the  pay,  allowances,  and  emoluments  of  a  first 
lieutenant,  mounted:  Provided,  however,  That  whenever  a  vacancy 
shall  occur  in  the  office  of  master  of  the  sword  and  instructor  of  mili- 
tary gymnastics  and  physical  culture  the  said  office  shall  cease  and 
determine,  and  the  duties  thereunto  pertaining  shall  thereafter  be 
performed  by  an  officer  of  the  line  of  the  Army  to  be  selected  for  that 
purpose  by  the  Secretary  of  War.    Sec.  1338,  R.  S.,  as  amended  ~by 
Act  of  Mar.  2, 1901  (31  Stat.  914). 

Assistant  professors  at  the  Military  Academy  are  entitled  to  the  quarters  of 
captains.  IX  Opin.  Att.  Gen.,  284.  The  distinction  contended  for  at  the  Mili- 
tary Academy  between  academic  and  military  rank  is  not  allowable  in  the 
choice  of  quarters.  (5  id.,  627.) 

2  Section  2  of  the  act  of  July  20,  1840  (5  Stat.  398),  contained  the  require- 
ment that  the  pay  and  emoluments  of  instructors  in  cavalry,  artillery,  and  in- 
fantry tactics  should  not  be  less  than  was  allowed  by  law  (captain  mounted) 
to  the  assistant  professor  of  mathematics.  This  statute  was  replaced  by  the  act 
of  June  12,  1858  (11  Stat.  333),  which  conferred  the  pay  of  captain  mounted 
upon  the  senior  assistant  instructor  in  each  of  the  arms  of  service. 

'The  act  of  June  30,  1882  (22  Stat.  123),  contained  the  requirement  that  no 
graduate  of  the  Military  Academy  should  be  assigned  or  detailed  to  serve  as  a 
professor,  instructor,  or  assistant  to  either,  within  four  years  after  his  gradua- 
tion. 


MILITARY   LAWS  OF  THE  UNITED   STATES.  413 

1132.  Same. — The  master  of  the  sword  shall  have  the  relative  rank 
and  shall  be  entitled  to  the  pay,  allowances  and  emoluments  of  a 
captain  mounted.    Act  of  Mar  3, 1905  (33  Stat.  850). 

1133.  Chaplain,  appointment  and  tenure. — The  duties  of  chaplain 
at  the  Military  Academy  shall  hereafter  be  performed  by  a  clergy- 
man to  be  appointed  by  the  President  for  a  term  of  four  years,  and 
the  said  chaplain  shall  be  eligible  for  reappointment  for  an  additional 
term  or  terms  and  shall,  while  so  serving,  receive  the  same  pay  and 
allowances  as  are  now  allowed  to  a  captain  mounted.1    Act  of  Feb. 
18,1896  (29  Stat.  8). 

1134.  Librarian,  assistant  librarian. — The  librarian  and  assistant 
librarian  at  the  Military  Academy  shall  each  receive  one  hundred  and 
twenty  dollars  a  year  additional  pay.2    Sec.  1340,  R.  S. 

1135.  Adjutant. — The  adjutant  of  the  Military  Academy  shall  have 
the  pay  of  an  adjutant  of  a  cavalry  regiment.3    Sec.  1335,  R.  S. 

1136.  Quartermaster  and  commissary  of  cadets. — The  Secretary  of 
War  is  hereby  directed  to  detail  a  competent  officer  to  act  as  quar- 
termaster and  commissary  for  the  battalion  of  cadets,  by  whom  all 
purchases  and  issues  of  supplies  of  all  kinds  for  the  cadets,  and  all 
provisions  for  the  mess,  shall  be  made,  and  that  all  supplies  of  all 
kinds  and  description  shall  be  furnished  to  the  cadets  at  actual  cost, 
without  any  commission  or  advance  over  said  cost;  and  such  officer 
so  assigned  shall  perform  all  the  duties  of  purveying  and  supervision 
for  the  mess,  as  now  done  by  the  purveyor,  without  other  compensa- 
tion.4   Act  of  Aug.  7, 1876  (19  Stat.  126) . 

'The  office  of  chaplain  was  established  by  the  act  of  April  4,  1818  (3  Stat. 
426),  which  authorized  the  appointment  of  a  chaplain  at  the  Military  Academy, 
who  shall  also  be  professor  of  geography,  history,  and  ethics.  By  the  act  of 
February  18,  1896  (29  Stat.  8),  the  professorship  thus  authorized  was  discon- 
tinued, the  duties  of  chaplain  being  performed  by  the  officer  whose  appoint- 
ment was  authorized  by  that  statute,  and  the  duty  of  giving  instruction  in  his- 
tory being  transferred  by  executive  regulation  to  the  department  of  law. 

2  The  annual  acts  of  appropriation  from  that  of  February  18,  1871  (16  Stat. 
414),  to  that  of  July  26,  1894  (28  Stat.  156),  contained  a  provision  authorizing 
the  payment  of  $1,000  per  annum  for  compensation  of  the  librarian's  assistant. 
In  the  acts  of  February  12,  1895  (28  Stat  631),  and  March  6,  1896  (29  Stat. 
49),  the  compensation  of  the  librarian's  assistant  was  fixed  at  $1,200  per 
annum. 

Salary  of  librarian  increased  by  act  of  March  3,  1905  (33  Stat.  854),  from 
$2,500  to  $3,000  and  carried  at  the  latter  rate  in  the  annual  appropriation  acts 
since  that  year.  As  the  annual  appropriation  acts  carry  only  $3,000  for  the 
librarian,  section  1340,  R.  S.,  is  virtually  repealed. 

The  employment  of  the  services  of  civilian  instructors,  clerks,  and  other 
civilian  employees  is  regulated  by  the  annual  acts  of  appropriation. 

'Beginning  with  the  act  of  March  4,  1909  (35  Stat.  1028),  the  annual  appro- 
priation acts  have  contained  the  following  provision  relative  to  the  pay  of  the 
adjutant  of  the  Military  Academy :  "  For  pay  of  one  adjutant,  who  shall  not 
be  above  the  rank  of  captain,  six  hundred  dollars." 

4  The  annual  appropriation  acts  from  that  of  March  31,  1884  (23  Stat.  7),  to 
that  of  March  2,  1907  (34  Stat.  1063),  contained  a  provision  for  extra  pay  for 
the  quartermaster  and  commissary  of  cadets  at  the  rate  of  $700  per  annum,  in 
addition  to  his  pay  as  a  captain  of  infantry.  In  the  act  of  May  28,  1908  (35 
Stat.  431),  this  was  changed  to  $600,  "  in  addition  to  pay  as  captain,"  and  has 
been  so  continued  since.  The  act  of  June  30,  1892  (22  Stat.  123),  authorizes 
the  Secretary  of  War  to  detail  a  commissary  sergeant  to  act  as  assistant  to  the 
commissary  of  cadets. 


414  MILITAKY  LAWS  OF   THE  UNITED  STATES. 

1137.  Constructing  quartermaster. — For  pay  of  one  constructing 
quartermaster,  in  addition  to  his  regular  pay,  one  thousand  dollars : ' 
Provided,  That  so  much  of  the  Act  approved  March  third,  nineteen 
hundred  and  eleven,  making  appropriations  for  the  support  of  the 
Military  Academy  for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  twelve,  as  provided  that  the  increase  of  salary  of  the 
constructing  quartermaster  should  only'  apply  during  the  term  the 
office  was  held  by  the  then  incumbent  is  hereby  repealed,  and  the 
additional  pay  thus  provided  is  available  for  the  present  incumbent 
from  the  date  he  entered  upon  his  duties.    Act  of  Aug.  9,  1912  (37 
Stat.  252). 

1138.  Leaves  of  absence  of  officers,  professors,  etc. — Leave  of  ab- 
sence may  be  granted  by  the  Superintendent,  under  regulations  pre- 
scribed by  the  Secretary  of  War,  to  the  professors,  assistant  profes- 
sors, instructors,  and  other  officers  of  the  Academy,  for  the  entire 
period  of  the  suspension  of  the  ordinary  academic  studies,  without 
deduction  from  pay  or  allowances.    Sec.  1330,  R.  S. 

THE   CORPS   OF  CADETS. 

1139.  Number  and  appointment. — The  corps  of  cadets  shall  consist 
of  one  from  each  Congressional  district,  one  from  each  Territory, 
one  from  the  District  of  Columbia,  two  from  each  State  at  large,  and 
thirty  from  the  United  States  at  large.     They  shall  be  appointed  by 
the  President,  and  shall,  with  the  exception  of  the  thirty  cadets  ap- 
pointed from  the  United  States  at  large,  be  actual  residents  of  the 
Congressional  or  Territorial  districts,  or  of  the  District  of  Columbia, 
or  of  the  States,  respectively,  from  which  they  purport  to  be  ap- 
pointed.2   Sec.  1315,  R.  S.,  as  amended  by  Sec.  4,  Act  of  June  6, 1900 
(31  Stat.  656). 

1  This  additional  pay  was  first  appropriated  in  act  of  March  2,  1907  (34  Stat. 
1064),  and  provision  therefor  has  been  made  in  each  annual  appropriation  since. 
The  proviso  "  that  this  increased  salary  shall  only  apply  during  the  time  this 
office  is  held  by  the  present  incumbent,"  which  is  repealed  by  the  act  of  August 
9,  1912,  supra,  first  occurs  in  the  act  of  March  4,  1909  (35  Stat.  1028).    The 
appropriation  is  repeated  without  any  limitation  in  the  act  of  March  4,  1913 
(37  Stat.  857). 

2  The  first  authorization  of  the  employment  of  cadets  in  the  military  service 
will  be  found  in  the  act  of  May  9,  1794  (1  Stat  366),  for  raising  a  corps  of 
artillerists  and  engineers;  the  new  organization  was  to  be  formed  by  the  con- 
solidation of  the  existing  corps  of  artillery  with  the  additional  force  therein 
authorized,  and  was  to  consist  of  four  companies,  to  each  of  which  two  cadets 
were  to  be  attached,  with  the  pay,  rations,  and  clothing  of  sergeants  of  artillery. 
An  additional  regiment  of  artillerists  and  engineers  was  established  by  the  act 
of  April  27,  1798  (id.,  552),  with  the  same  organization  as  the  regiment  already 
in  service;  by  section  3  of  the  act  of  March  3,  1799  (id.,  750),  the  pay  of  cadets 
was  fixed  at  ten  dollars  per  month  with  two  rations  per  day  or  their  equivalent 
in  money;  by  this  enactment  ten  cadets  were  allowed  for  each  regiment  of 
cavalry  and  infantry  and  thirty-two  for  each  regiment  of  artillery. 

The  act  to  fix  the  military  peace  establishment  .approved  on  March  16,  1802 
(2  id.,  132),  provided  for  one  regiment  of  artillerists  and  engineers;  it  was  to 
consist  of  twenty  companies,  to  each  of  which  two  cadets  were  attached.  By 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  415 

1140.  Number  at  large. — The  number  of  cadets  authorized  to  be 
appointed  by  the  President  from  the  United  States  at  large  shall  not 
at  any  one  time  exceed  forty.     Act  of  June  88, 1902  (32  Stat.  410) . 

1141.  Increase  in  corps. — Hereafter,  for  six  years  from  July  first, 
anno  Domini,  nineteen  hundred  and  ten,  whenever  any  cadet  shall 
have  finished  three  years  of  his  course  at  the  United  States  Military 
Academy,  his  successor  may  be  admitted  to  the  Academy;  and  the 
corps  of  cadets  is  hereby  increased  to  meet  this  provision.     Act  of 
Apr.  19, 1910  (36  Stat.  323). 

1142.  Appointee  from  Porto  Rico. — In  addition  to  the  Corps  of 
Cadets  now  authorized  by  law,  there  shall  be  one  from  Porto  Rico, 
who  shall  be  a  native  of  said  island,  to  be  appointed  by  the  President 
of  the  United  States.    Act  of  Mar.  3, 1903  (32  Stat.  1011). 

1143.  Appointees  from  the  Philippine  Islands. — The  Secretary  of 
War  is  hereby  authorized  to  permit  not  exceeding  four  Filipinos,  to 
be  designated,  one  for  each  class,  by  the  Philippine  Commission,  to 
receive  instruction  at  the  United  States  Military  Academy  at  West 
Point:   Provided,   That   the   Filipinos   undergoing   instruction,   as 
herein  authorized,  shall  receive  the  same  pay,  allowances,  and  emolu- 
ments as  are  authorized  by  law  for  cadets  at  the  Military  Academy 
appointed  from  the  United  States,  to  be  paid  out  of  the  same  appro- 
priations: And  provided  further,  That  said  Filipinos  undergoing 
instruction  on  graduation  shall  be  eligible  only  to  commissions  in 
the   Philippine   Scouts.     And   the   provisions   of   section   thirteen 

section  26  of  this  enactment  authority  was  conferred  upon  the  President  to 
establish  a  corps  of  engineers,  to  which  ten  cadets  we're  to  be  attached,  and  the 
monthly  pay  of  the  cadets  was  fixed  at  sixteen  dollars  and  one  ration  per  day ; 
by  section  27,  the  corps  of  engineers,  when  organized,  was  to  be  stationed  at 
West  Point  and  was  to  constitute  the  Military  Academy.  The  acts  of  April  12, 
1808  (2  id.,  481),  and  June  11,  1812  (id.,  671),  authorized  additions  to  the 
military  establishment ;  by  the  former,  156  cadets  were  provided  for,  and  by  the 
latter,  64 ;  in  neither  case,  however,  was  the  authorized  establishment  completed, 
nor  does  any  considerable  number  of  cadets  seem  to  have  been  attached  to  the 
Military  Academy,  as  is  indicated  by  a  report  of  the  superintendent  of  January 
5,  1810,  at  which  date  forty-seven  cadets  were  undergoing  instruction  at  the 
academy.  An  act  making  further  provision  for  the  Corps  of  Engineers,  ap- 
proved April  29,  1812  (id.  720),  fixed  the  number  of  cadets  in  all  arms  of  the 
service  at  250,  and  authorized  the  President,  in  his  discretion,  to  attach  them, 
as  students,  to  the  Military  Academy.  The  present  apportionment  by  repre- 
sentative districts  was  established  by  section  2  of  the  act  of  March  1,  1843 
(5  id.,  604),  which  required  cadets  to  be  selected  from  the  Congressional  dis- 
tricts of  the  States  or  Territories  from  which  the  appointments  purported  to 
have  been  made.  By  this  enactment  authority  was  conferred  upon  the  Presi- 
dent to  appoint  ten  cadets  at  large  without  being  restricted  to  selection  from 
Congressional  districts.  The  act  of  March  3,  1875  (18  id.,  467),  authorized 
the  President  "  to  fill  any  vacancy  occurring  at  said  academy  by  reason  of 
death  or  other  cause  of  any  person  appointed  by  him :  "  but  this  clause  was 
expressly  repealed  by  section  4  of  the  act  of  June  11,  1878  (20  id.,  Ill),  which 
restricted  the  number  of  appointments  at  large  to  ten  in  all.  The  act  of  March 
1,  1843,  and  section  10  of  the  act  of  March  2,  1899  (30  Stat.  979),  which 
authorized  the  appointment  of  twenty  cadets  at  large,  were  replaced  by  section 
4  of  the  act  of  June  6,  1900  (31  id.,  656),  which  fixed  the  number  of  cadets 
at  one  from  each  Congressional  district,  one  from  the  District  of  Columbia,  two 
from  each  State  at  large,  and  thirty  from  the  United  States  at  large. 


416  MILITARY   LAWS  OF    THE   UNITED   STATES. 

hundred  and  twenty-one,  Revised  Statutes,  are  modified  in  the  case 
of  the  Filipinos  undergoing  instruction,  so  as  to  require  them  to 
engage  to  serve  for  eight  years,  unless  sooner  discharged,  in  the 
Philippine  Scouts.  Act  of  May  28,1908  (35  Stat.  441). 

1144.  Appointees  from  the  District  of  Columbia. — Section  thirteen 
hundred  and  fifteen  of  the  Revised  Statutes  of  the  United  States, 
fixing  the  membership  of  the  Corps  of  Cadets  at  the  United  States 
Military  Academy,  is  hereby  amended  by  changing  the  clause  "  one 
from  the  District  of  Columbia  "  so  as  to  read  "  two  from  the  District 
of  Columbia."    Act  of  Aug.  9, 1912  (37  Stat.  252). 

1145.  Appointment  in  advance. — Cadets  shall  be  appointed  one 
year  in  advance  of  the  time  of  their  admission  to  the  Academy,  ex- 
cept in  cases  where,  by  reason  of  death  or  other  cause,  a  vacancy 
occurs  which  can  not  be  provided  for  by  such  appointment  in  ad- 
vance; but  no  pay  or  other  allowance  shall  be  given  to  any  ap- 
pointee until  he  shall  have  been  regularly  admitted,  as  herein  pro- 
vided; and  all  appointments  shall  be  conditional,  until  such  provi- 
sions shall  have  been  complied  with.1    Sec.  1317,  R.  S. 

^Appointments — How  made. — Each  Congressional  district  and  Territory,  also 
the  District  of  Columbia,  is  entitled  to  have  one  cadet  at  the  Academy.  Two 
cadets  at  large  from  each  State,  and  thirty  from  the  United  States  at  large 
are  also  appointed.  The  appointments  (except  these  at  large)  are  made  by 
the  Secretary  of  War,  at  the  request  of  the  Representative  or  Delegate  in 
Congress  from  the  district  or  Territory ;  and  the  person  appointed  must  be  an 
actual  resident  of  the  district  or  Territory  from  which  the  appointment  is 
made.  Those  for  a  State  at  large  are  made,  each  upon  the  request  of  a 
Senator  from  the  State  so  entitled.  The  appointments  at  large  are  specially 
conferred  by  the  President  of  the  United  States. 

Manner  of  making  applications. — Applications  can  be  made  at  any  time  by 
letter  to  the  Secretary  of  War,  to  have  the  name  of  the  applicant  placed  upon 
the  register  that  it  may  be  furnished  to  the  proper  Representative  or  Delegate 
when  a  vacancy  occurs.  The  application  must  exhibit  the  full  name,  date  of 
birth,  and  permanent  abode  of  the  applicant,  with  the  number  of  the  Congres- 
sional district  in  which  his  residence  is  situated. 

Date  of  appointments. — Appointments  are  required  by  law  to  be  made  one 
year  in  advance  of  the  date  of  admission,  except  in  cases  where,  by  reason  of 
death  or  other  cause,  a  vacancy  occurs  which  can  not  be  provided  for  by  such 
appointment  in  advance.  These  vacancies  are  filled  in  time  for  the  next  an- 
nual examination. 

Alternates. — The  Representative  or  Delegate  in  Congress  may  nominate 
a  legally  qualified  second  candidate,  to  be  designated  the  alternate.  The  alter- 
nate will  receive  from  the  War  Department  a  letter  of  appointment,  and  will 
be  examined  with  the  regular  appointee,  and  if  duly  qualified  will  be  admitted 
to  the  Academy  in  the  event  of  the  failure  of  the  principal  to  pass  the  pre- 
scribed preliminary  examinations.  The  alternate  will  not  be  allowed  to  defer 
his  reporting  at  West  Point  until  the  result  of  the  examination  of  the  regular 
appointee  is  known,  but  must  report  at  the  time  designated  in  his  letter  of 
appointment.  The  alternate,  like  the  nominee,  should  be  designated  as  nearly 
one  year  in  advance  of  date  of  admission  as  possible. 

There  being  no  provision  for  the  payment  of  the  traveling  expenses  of  re- 
jected candidates  for  admission,  no  candidate  should  fail  to  provide  himself 
in  advance  with  the  means  of  returning  to  his  home  in  case  of  his  rejection 
before  either  of  the  examining  boards,  as  he  may  otherwise  be  put  to  con- 
siderable trouble,  inconvenience,  and  even  suffering  on  account  of  his  desti- 
tute condition.  If  admitted,  the  money  brought  by  him  to  meet  such  a  contin- 
gency can  be  deposited  with  the  treasurer  on  account  of  his  equipment  as  a 
cadet  or  returned  to  his  friends. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  417 

1146.  Age  of  appointees. — Appointees  shall  be  admitted  to  the 
Academy  only  between  the  ages  of  seventeen  and  twenty-two  years, 
*     *     *.    Sec.  1318,  R.  S. 

1147.  Qualifications  for  admission. — Appointees  shall  be  examined 
under  regulations1  to  be  framed  by  the  Secretary  of  War  before 
they  shall  be  admitted  to  the  Academy  and  shall  be  required  to  be 
well  versed  in  such  subjects  as  he  may  from  time  to  time  prescribe.2 
Sec.  1319,  R.  S.,  as  amended  ly  Act  of  Mar.  2, 1901  (31  Stat.  911). 

1148.  Physical  examination. — Hereafter  any  candidate  designated 
as  principal  or  alternate  for  appointment  as  cadet  may  present  him- 
self at  any  time  for  physical  examination  at  West  Point,  New  York, 
or  other  prescribed  places,  as  may  be  designated  by  the  Secretary  of 
War.    Act  of  Aug.  9, 1912  (37  Stat.  252). 

1149.  Dates  of  admission. — Cadets  appointed  to  the  Military  Acad- 
emy at  West  Point,  New  York,  for  admission  after  the  year  nineteen 
hundred  and  seven,  may  be  admitted  on  the  first  day  of  March  in 
place  of  the  first  day  of  June.    Act  of  Mar.  2, 1907  (34  Stat.  1063). 

1150.  Oath. — Each  cadet  shall,  previous  to  his  admission  to  the 
Academy,  take  and  subscribe  an  oath  or  affirmation  in  the  -following 
form: 

"I,  A  B,  do  solemnly  swear  that  I  will  support  the  Constitution 
of  the  United  States,  and  bear  true  allegiance  to  the  National  Gov- 
ernment; that  I  will  maintain  and  defend  the  sovereignty  of  the 
United  States,  paramount  to  any  and  all  allegiance,  sovereignty,  or 
fealty  I  may  owe  to  any  State,  county,  or  country  whatsoever;  and 
that  I  will  at  all  times  obey  the  legal  orders  of  my  superior  officers, 
and  the  rules  and  articles  governing  the  armies  of  the  United  States." 

And  any  cadet  or  candidate  for  admission  who  shall  refuse  to  take 
this  oath  shall  be  dismissed  from  the  service.  Sec.  1320,  R.  S. 

1151.  Engagement  for  service. — Each  cadet  shall  sign  articles,  with 
the  consent  of  his  parents  or  guardian  if  he  be  a  minor,  [and]  if 
any  he  have,  by  which  he  shall  engage  to  serve  eight  years  unless 
sooner  discharged.    Sec.  1321,  R.  S. 

1152.  Traveling  expenses  of  candidates. — Hereafter  the  actual  and 
necessary  traveling  expenses  of  candidates  while  proceeding  from 
their  homes  to  the  Military  Academy  for  qualification  as  cadets  shall, 

1For  regulations  prepared  in  accordance  with  the  foregoing  enactment  see- 
the Military  Academy  Regulations.  Circulars  containing  the  same  information 
respecting  the  physical  and  mental  examinations  for  admission  are  furnished 
candidates  and  others  interested  upon  applications  addressed  to  the  Adjutant 
of  the  Military  Academy  at  West  Point,  New  York,  or  to  the  Adjutant-General 
of  the  Army  in  Washington. 

"This  enactment  replaces  the  requirements  of  section  1319,  Revised  Statutes, 
act  of  June  16,  1866  (14  Stat.  359),  in  pari  materia,  which  required  candidates 
to  "  be  well  versed  in  reading,  writing,  and  arithmetic,  and  to  have  a  knowledge 
of  the  elements  of  English  grammar,  of  descriptive  geography,  particularly  that 
of  the  United  States,  and  of  the  history  of  the  United  States." 

48985°— 15 27 


418  MILITARY   LAWS   OF   THE  UNITED   STATES. 

if  admitted,  be  credited  to  their  accounts  and  paid  after  admission 
from  the  appropriation  for  the  transportation  of  the  Army  and  its 
supplies.  Act  of  June  28,  1902  (82  Stat.  409)  . 

1153.  Pay  and  allowances.  —  Hereafter  the  pay  of  cadets  shall  be 
fixed  at  five  hundred  dollars  per  annum  and  one  ration  per  day,  or 
commutation  therefor,  such  commutation  to  be  thirty  cents  per  day, 
to  be  paid  from  the  appropriation  for  the  subsistence  of  the  Army.1 
Act  of  June  28,  1902  (32  Stat.  409)  . 

The  pay  of  cadets  at  the  Military  Academy  shall  hereafter  be 
six  hundred  dollars  a  year.  Act  of  May  11,  1908  (35  Stat.  108). 

Hereafter  cadets  shall  be  entitled  to  rations,  or  commutation 
therefor,  as  hitherto  allowed  under  the  Act  approved  June  twenty- 
eight,  nineteen  hundred  and  two.  Act  of  May  28,  1908  (35  Stat. 
430).  Sec.  1339,  R.  S.,  as  amended  ~by  above  acts. 

1154.  Graduation  and  commission.  —  That  when  any  cadet  of  the 
United  States  Military  Academy  has  gone  through  all  its  classes 
and  received  a  regular  diploma  from  the  academic  staff,  he  may  be 
promoted  and  commissioned  as  a  second  lieutenant  in  any  arm  or 
corps  of  the  Army  in  which  there  may  be  a  vacancy  and  the  duties 
of  which  he  may  have  been  judged  competent  to  perform;  and  in 
case  there  shall  not  at  the  time  be  a  vacancy  in  such  arm  or  corps, 
he  may,  at  the  discretion  of  the  President,  be  promoted  and  commis- 
sioned in  it  as  an  additional  second  lieutenant,  with  the  usual  pay 
and  allowances  of  a  second  lieutenant,  until  a  vacancy  shall  hap- 


pay  of  cadets  was  fixed  by  the  act  of  March  16,  1802  (2  Stat.  137),  at 
sixteen  dollars  per  month  and  two  rations  per  day.  By  the  act  of  March  3, 
1857  (11  Stat.  252)  their  pay  was  fixed  at  thirty-two  dollars  per  month.  Sec- 
tion 3  of  the  act  of  April  1,  1864  (13  Stat.  39),  contained  the  requirement  that 
the  cadets  at  the  Military  Academy  should  receive  the  same  pay  (five  hundred 
dollars  per  annum)  as  the  midshipmen  at  the  Naval  Academy;  section  2  of  the 
act  of  February  28,  1867  (14  Stat.,  416)  contained  the  requirement  that  they 
should  also  be  entitled  to  the  ration  (one  hundred  and  nine  dollars  and  fifty 
cents  annual  commutation  value)  then  allowed  to  active  midshipmen.  This 
fixed  the  pay  and  emoluments  of  a  cadet  at  $609.50  per  annum.  The  act  of 
June  30,  1882  (27  Stat.  515),  contained  the  requirement  that  no  cadet  should 
thereafter  "  receive  more  than  at  the  rate  of  five  hundred  and  forty  dollars  a 
year." 

Fourteen  dollars  a  month  shall  be  deposited  with  the  Treasurer  from  the  pay 
of  each  cadet,  to  be  applied,  at  the  time  of  his  graduation,  to  the  purchase  of  a 
uniform  and  equipment.  (Par.  72,  Reg.  U.  S.  M.  A.,  1911.) 

A  person  appointed  to  a  position  in  the  Army,  either  as  a  cadet  or  an  officer, 
becomes  a  cadet  or  officer  de  facto  when  he  accepts  the  appointment;  but,  in 
view  of  the  act  of  July  2,  1862  (12  Stat.  502),  his  pay  can  not  commence  until 
he  takes  the  oath  of  office.  When  a  candidate  passes  the  examinations  and 
enters  upon  the  duties  of  a  cadet,  he  thereby  accepts  his  appointment,  and  his 
service  in  the  Army  begins  for  all  purposes  of  longevity,  but  his  pay  can  not 
commence  until  he  takes  the  oath  of  office  required  by  law.  (3  Dig.  2d  Comp. 
Dec.,  par.  884.)  The  requirements  of  section  1310  of  the  Revised  Statutes  that 
"  no  person  who  has  served  in  any  capacity  in  the  military  or  naval  service  of 
the  so-called  Confederate  States,  or  of  either  of  the  States  in  insurrection 
during  the  late  rebellion  shall  be  appointed  a  cadet,"  were  repealed  by  the  act 
of  March  31,  1896  (29  Stat.  84). 


MILITARY  LAWS  OF  THE  UNITED  STATES.  419 

pen.1    Sec.  1213,  R.  S.,  as  amended  ly  Act  of  May  17,  1886  (24 
Stat.50). 

1155.  One  additional  officer  only  to  each  company. — Only  one 
supernumerary  officer  shall  be  attached  to  any  company  at  the  same 
time  under  the  provisions  of  the  two  preceding  sections.2    Sec.  1215, 
R.S. 

1156.  Pay  of  graduated  cadets. — That  every  cadet  who  has  hereto- 
fore graduated  or  may  hereafter  graduate  at  the  West  Point  Military 
Academy,  and  who  has  been  or  may  hereafter  be  commissioned  a 
second  lieutenant  in  the  Army  of  the  United  States,  under  the  laws 
appointing  such  graduates  to  the  Army,  shall  be  allowed  full  pay  as 
second  lieutenant  from  the  date  of  his  graduation  to  the  date  of  his 
acceptance  of  and  qualification"  under  his  commission  and  during  his 
graduation  leave,  in  accordance  with  the  uniform  practice  which  has 
prevailed  since  the  establishment  of  the  Military  Academy.    Act  of 
Dec.  20,  1886  (24  Stat.  351). 

1157.  Mileage  of  graduated  cadets  from  home  to  first  station. — 
Hereafter  a  graduate  of  the  Military  Academy  shall  receive  mileage 
as  authorized  by  law  for  officers  of  the  Army  from  his  home  to  the 
station  which  he  first  joins  for  duty.    Act  of  Aug.  9, 1912  (37  Stat. 
252). 

1158.  Organization  into  companies. — The  corps  of  cadets  shall  be 
arranged  into  companies,  according  to  the  directions  of  the  superin- 
tendent, each  of  which  shall  be  commanded  by  an  officer  of  the  Army, 
for  the  purpose  of  military  instruction.    To  each  company  shall  be 
added  four  musicians.    The  corps  shall  be  taught  and  trained  in  all 
the  duties  of  a  private  soldier,  noncommissioned  officer,  and  officer, 
shall  be  encamped  at  least  three  months  in  each  year,  and  shall  be 
taught  and  trained  in  all  the  duties  incident  to  a  regular  camp*    Sec. 
1322,  R.  S. 

1159.  Liability  to  duty. — Cadets  shall  be  subject  at  all  times  to  do 
duty  in  such  places  and  on  such  service  as  the  President  may  direct. 
Sec.  1323,  R.  S. 

*The  requirement  of  section  3  of  the  act  of  June  18,  1878  (20  Stat.  150). 
"  That  hereafter  all  vacancies  in  the  grade  of  second  lieutenant  shall  be  filled 
by  appointment  from  the  graduates  of  the  Military  Academy  so  long  as  any 
such  remain  in  service  unassigned ;  and  any  vacancies  thereafter  remaining 
shall  be  filled  by  promotion  of  meritorious  noncommissioned  officers  of  the 
Army,  recommended  under  the  provisions  of  the  next  section  of  this  act:  Pro- 
vided, That  all  vacancies  remaining,  after  exhausting  the  two  classes  named, 
may  be  filled  by  appointment  of  persons  in  civil  life,"  was  repealed  by  section  5 
of  the  act  of  July  30,  1892  (27  Stat.  336).  (See  the  chapter  entitled  Commis- 
sioned Officers.) 

a  Section  1213,  R.  S.,  see  par.  1154,  ante.  Section  1214,  R.  S.,  relates  to  promo- 
tion of  noncommissioned  officers. 

The  Secretary  of  War  is  authorized  to  assign  recent  graduates,  noncommis- 
sioned officers,  and  civilians  to  the  cavalry  or  infantry,  although  "  additional " 
second  lieutenants  remain  in  the  Engineers  and  Artillery,  and  no  vacancies  exist 
in  the  last-named  branches.  (XX  Opin.  Att.  Gen.,  149.) 


420  MILITARY  LAWS  OF   THE  UNITED   STATES. 

1160.  No  study  on  Sunday. — The  Secretary  of  War  shall  so  ar- 
range the  course  of  studies  at  the  Academy  that  the  cadets  shall  not 
be  required  to  pursue  their  studies  on  Sunday.1    Sec.  132^  R.  S. 

1161.  Instruction  in  physiology,   etc. — The   nature   of   alcoholic 
drinks  and  narcotics,  and  special  instruction  as  to  their  effects  upon 
the  human  system,  in  connection  with  the  several  divisions  of  the 
subject  of  physiology  and  hygiene,  shall  be  included  in  the  branches 
of  study  taught  in  the  common  or  public  schools  and  in  the  military 
and  naval  schools,  and  shall  be  studied  and  taught  as  thoroughly 
and  in  the  same  manner  as  other  like  required  branches  are  in  said 
schools,  by  the  use  of  textbooks  in  the  hands  of  pupils  where  other 
branches  are  thus  studied  in  said  schools,  and  by  all  pupils  in  all 
said  schools  throughout  the  Territories,  in  the  Military  and  Naval 
Academies  of  the  United  States,  and  in  the  District  of  Columbia, 
and  in  all  Indian  and  colored  schools  in  the  Territories  of  the  United 
States. 

SEC.  2.  It  shall  be  the  duty  of  the  proper  officers  in  control  of  any 
school  described  in  the  foregoing  section  to  enforce  the  provisions 
of  this  act;  and  any  such  officer,  school  director,  committee,  superin- 
tendent, or  teacher  who  shall  refuse  or  neglect  to  comply  with  the  re- 
quirements of  this  act,  or  shall  neglect  or  fail  to  make  proper  pro- 
visions for  the  instruction  required  and  in  the  manner  specified  by 
the  first  section  of  this  act,  for  all  pupils  in  each  and  every  school 
under  his  jurisdiction,  shall  be  removed  from  office,  and  the  vacancy 
filled  as  in  other  cases.  Act  of  May  00, 1886  (24  Stat.  69). 

1162.  Deficient  cadets. — No  cadet  who  is  reported  as  deficient,  in 
either  conduct  or  studies,  and  recommended  to  be  discharged  from 
the  Academy  shall,  unless  upon  recommendation  of  the  academic 
board,  be  returned  or  reappointed  or  appointed  to  any  place  in  the 
Army  before  his  class  shall  have  left  the  Academy  and  received  their 
commissions.2    Sec.  1325,  R.  S. 

1163.  Courts-martial  for  trial  of  cadets. — The  Superintendent  of 
the  Military  Academy  shall  have  power  to  convene  general  courts- 
martial  for  the  trial  of  cadets,  and  to  execute  the  sentences  of  such 

1  The  course  of  study  at  the  Military  Academy  is  fixed  in  part  by  the  statutes 
creating  the  several  departments  of  instruction  (paragraphs  1106  and  1119, 
ante)  and  other  enactments  of  Congress  (paragraph  1161,  post),  and  in  part  by 
Executive  regulation. 

a  Where  a  cadet  was,  by  order  of  the  Secretary  of  War,  on  the  recommenda- 
tion of  the  academic  board,  discharged  from  the  Military  Academy  for  de- 
ficiency in  studies;  Held,  (1)  that  the  order  of  discharge,  having  been  com- 
pletely executed,  is  beyond  the  power  of  revocation;  (2)  that  section  1325, 
Revised  Statutes,  prohibits  the  returning  or  reappointing  of  the  cadet  to  the 
Academy,  except  upon  the  recommendation  of  the  academic  board;  (3)  that 
Congress  may  thus  limit  or  restrict  the  authority  of  the  President  to  appoint 
cadets;  (4)  that  accordingly  it  is  not  competent  for  the  President  to  revoke  the 
said  order  or  to  restore  the  cadet  to  the  Academy,  irrespective  of  the  recom- 
mendation of  the  academic  board.  (XVII  Opin.  Att  Gen.,  67.)  Change  of 
name  by  cadet.  (Dig.  Opin.  J.  A.  G.,  83,  I  G  4.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  421 

courts,  except  the  sentences  of  suspension  and  dismission,  subject 
to  the  same  limitations  and  conditions  now  existing  as  to  other  gen- 
eral courts-martial.1  Sec.  1326,  R.  S. 

1164.  Hazing. — The  superintendent  of  the  United  States  Military 
Academy,  subject  to  the  approval  of  the  Secretary  of  War,  shall 
make  appropriate  regulations  for  putting  a  stop  to  the  practice  of 
hazing,  such  regulations  to  prescribe  dismissal,  suspension,  or  other 
adequate  punishment  for  infractions  of  the  same,  and  to  embody  a 
clear  definition  of  hazing. 

That  any  cadet  who  shall  be  charged  with  offenses  under  such 
regulations  which  would  involve  his  dismissal  from  the  academy 
shall  be  granted,  upon  his  written  request,  a  trial  by  a  general  court- 
martial,  and  any  cadet  dismissed  from  the  academy  for  hazing  shall 
not  thereafter  be  reappointed  to  the  corps  of  cadets  nor  be  eligible 
for  appointment  as  a  commissioned  officer  in  the  Army  or  Navy  or 
Marine  Corps  until  two  years  after  the  graduation  of  the  class  of 
which  he  was  a  member.2  Act  of  Apr.  19, 1910  (36  Stat.  323). 

MILITARY  ACADEMY  BAND. 

1165.  Organization  and  allowances. — The  Military  Academy  band 
shall  hereafter  consist  of  one  teacher  of  music,  who  shall  be  the  leader 
of  the  band,  one  enlisted  band  sergeant  and  assistant  leader,  and  of 

1  These  courts  have  the  sam«  composition  as  the  general  courts-martial 
authorized  to  be  convened  by  the  seventy-second  and  seventy-third  articles  of 
war. 

Professors  of  the  Military  Academy  are  "  commissioned  officers  of  the  Army." 
Decision  of  the  Secretary  of  War,  May  27,  1857.  But  they  are  not  commis- 
sioned officers  within  the  meaning  of  the  seventy-fifth  article  of  war,  and  there- 
fore can  not  be  detailed  as  members  of  courts-martial.  Scott's  Digest,  para- 
graph 169,  note  16.  The  President  may,  by  his  regulations  of  the  civil  police 
of  the  Academy,  invest  them  with  authority  adequate  to  all  the  purposes  of 
their  professorships;  but  he  can  invest  them  with  no  portion  of  judicial  power 
to  affect  the  life  or  liberty  of  others.  (I  Opin.  Att.  Gen.,  469;  see  also  last 
clause  of  paragraph  1126,  ante. ) 

The  undergraduate  cadets  are  not  commissioned  officers,  and  are,  therefore, 
not  competent  to  sit  on  a  courtrmartial,  and  are  triable  by  a  regimental  or  gar- 
rison court-martial.  (VII  Opin.  Att.  Gen.,  323.)  In  their  internal  academic 
organization  as  officers,  noncommissioned  officers,  and  privates  they  are  not 
subject  to  the  articles  of  war  as  respects  their  relation  to  one  another,  but  only 
as  respects  their  relation  to  commissioned  officers  of  the  Army,  on  duty  as  such 
at  the  Academy.  (Id.) 

Cadets  are  amenable  to  trial  by  court-martial  for  violations  of  the  regula- 
tions of  the  Academy  as  "  conduct  to  the  prejudice  of  good  order  and  military 
discipline."  (Dig.  Opin.  J.  A.  G.  82,  I.  D.  3a.)  As  to  measures  of  school  dis- 
ciplfne  see  Dig.  J.  A.  G.  82,  I.  D  3  b  (1). 

Where  a  cadet  at  West  Point  is  sentenced  by  a  court-martial  to  be  dismissed 
the  service,  and  the  President  commutes  the  sentence  to  suspension  for  a  fixed 
period,  it  will  not  be  inferred  that  his  purpose  was  to  deprive  him  of  pay 
unless  it  is  expressly  so  stated  or  is  clearly  established  that  such  was  his  pur- 
pose. (Conrad  v.  U.  S.,  32  Ct.  Cls.,  139.)  Where  the  President  commutes  the 
sentence  of  one  cadet  to  suspension  and  of  another  to  suspension  without  pay 
it  is  conclusive  that  he  did  not  intend  the  former  sentence  to  extend  to  loss 
of  pay.  (Id.) 

"This  enactment  replaces  the  penalty  imposed  by  the  act  of  March  2,  1901 
(31  Stat.  911),  which  in  turn  replaced  that  imposed  by  the  act  of  March  31 
1884  (23  Stat.  7). 


422  MILITARY   LAWS   OF    THE   UNITED   STATES. 

forty  enlisted  musicians.  The  teacher  of  music  shall  receive  the  pay 
of  a  second  lieutenant,  not  mounted;  *  *  *  and  each  of  the 
aforesaid  enlisted  men  shall  also  be  entitled  to  the  clothing,  fuel, 
rations,  and  other  allowances  of  musicians  of  cavalry;  and  the  said 
teacher  of  music,  the  band  sergeant  and  assistant  leader,  and  the 
enlisted  musicians  of  the  band  shall  be  entitled  to  the  same  benefits 
in  respect  to  pay,  emoluments,  and  retirement  arising  from  longevity, 
reenlistment,  .and  length  of  service  as  are,  or  may  hereafter  become, 
applicable  to  other  officers  or  enlisted  men  of  the  Army.  /Sec.  1111, 
R.  8.,  as  amended  by  Act  of  Mar.  3, 1905  (33  Stat.  853). 

1166.  Pay. — For  pay  of  military  band,  one  band  sergeant  and  as- 
sistant leader,  nine  hundred  dollars ; 

Twelve  enlisted  musicians,  at  forty-five  dollars  per  month,  six 
thousand  four  hundred  and  eighty  dollars ; 

Twelve  enlisted  musicians,  at  thirty-six  dollars  per  month,  five 
thousand  one  hundred  and  eighty- four  dollars ; 

Sixteen  enlisted  musicians,  at  thirty  dollars  per  month,  five  thou- 
sand seven  hundred  and  sixty  dollars ; 

******* 

For  pay  of  field  musicians:  One  sergeant,  six  hundred  dollars; 

One  corporal,  two  hundred  and  fifty-two  dollars ; 

Twenty-two  privates,  at  one  hundred  and  eighty  dollars  each, 

three  thousand  nine  hundred  and  sixty  dollars. 

******* 

Hereafter  the  monthly  pay  during  the  first  enlistment  of  enlisted 
men  of  the  band  and  field  musicians  of  the  United  States  Military 
Academy  shall  be  as  hereinbefore  stated,  and  the  continuous  service 
pay  of  all  grades  shall  be  the  same  as  provided  in  the  Act  approved 
May  eleventh,  nineteen  hundred  and  eight,  entitled  "An  Act  making 
appropriation  for  the  support  of  the  Army  for  the  fiscal  year  ending 
June  thirtieth,  nineteen  hundred  and  nine."  Act  of  May  %8,  1908 
(35  Stat.  431). 

1167.  Music  furnished  outside  reservation. — The  band  or  members 
thereof  and  the  field  musicians  of  the  Military  Academy  shall  not 
receive  remuneration  for  furnishing  music  outside  the  limits  of  the 
military  reservation  when  the  furnishing  of  such  music  places  them 
in  competition  with  local  civilian  musicians.    Id.,  43%. 

DETACHMENTS  OF  ENLISTED  MEN. 

1168.  Army  service  men,  Quartermaster  Corps. — The  enlisted  men 
known  as  the  artillery  detachment  at  West  Point  shall  be  mustered 
out  of  the  service  as  artillery  men  and  immediately  reenlisted  as 
Army  Service  men  in  the  Quartermaster's  Department,  continuing 
to  perform  the  same  duties  and  to  have  the  same  pay,  allowances, 


MILITARY   LAWS   OF   THE   UNITED   STATES.  423 

rights,  and  privileges,  and  subject  to  the  rules,  regulations,  and  laws 
in  the  same  manner  as  if  their  service  had  been  continuous  in  the 
artillery,  and  their  said  service  shall  be  considered  and  declared  to  be 
continuous  in  the  Army.1  Act  of  June  20,  1890  (26  Stat.  167)  . 

1169.  Same  —  Not  entitled  to  extra  duty  pay.  —  Hereafter  no  part  of 
the  moneys  appropriated  for  use  of  the  Quartermaster's  Department 
shall  be  used  in  payment  of  extra  duty  pay  for  the  Army  service  men 
in  the  Quartermaster's  Department  at  West  Point.    Act  of  Mar.  2, 
1907  (34  Stat.  1167). 

1170.  Restriction  on  strength  of  detachments.  —  The  detachments  of 
enlisted  men  at  the  Military  Academy,  heretofore  designated  as  the 
General  Army  Service,  Quartermaster's  Department,  and  the  cavalry 
detachment,  shall  be  fixed  at  such  numbers,  not  exceeding  two  hun- 
dred and  fifteen  enlisted  men  in  both  detachments,  as  in  the  opinion 
of  the  Secretary  of  War  the  necessities  of  the  public  service  may 
from  time  to  time  require;  but  the  number  of  enlisted  men  of  the 
Army  shall  not  be  increased  on  account  of  this  proviso  or  the  two 
preceding  paragraphs  of  this  act.2    Act  of  Feb.  10,  1897  (29  Stat. 
519). 

1171.  Engineer  detachment.  —  Hereafter  there  shall  be  maintained 
at  the  United  States  Military  Academy  an  engineer  detachment, 
which  shall  consist  of  one  first  sergeant,  one  quartermaster  sergeant, 
eight  sergeants,  ten  corporals,  two  cooks,  two  musicians,  thirty-eight 
first-class  privates,  and  thirty-eight  second-class  privates; 

For  pay  of  such  engineer  detachment,  twenty-four  thousand  dol- 
lars ;  additional  pay  for  length  of  service,  six  thousand  four  hundred 
and  eight  dollars:  Provided,  That  the  enlisted  men  of  said  detach- 
ment shall  receive  the  same  pay  and  allowances  as  are  now  or  may  be 
hereafter  authorized  for  corresponding  grades  in  the  battalions  of 
engineers:  Provided  further.  That  nothing  herein  shall  be  so  con- 
strued as  to  authorize  an  increase  in  the  total  number  of  enlisted  men 
of  the  Army  now  authorized  by  law.  Act  of  Aug.  9,  1912  (37  Stat. 


*The  act  of  June  20,  1890  (26  Stat.  167),  which  changed  the  name  of  the  artil- 
lery detachment  at  West  Point  to  "Army  Service  men  in  the  Quartermaster's 
Department,"  contemplated  only  a  change  of  name  of  the  corps,  without  affect- 
ing their  duties,  pay,  or  allowances,  including  extra  duty  and  extra  pay  there- 
for. (IV  Comp.  Dec.,  353.)  The  act  of  June  6,  1900  (31  Stat.  647),  makes 
provision  for  the  pay  of  an  artillery  detachment  of  forty  enlisted  men.  This 
number  has  been  increased  from  time  to  time  until  one  hundred  and  thirty-six 
enlisted  men  are  provided  for  in  the  act  of  March  4,  1913  (37  Stat  857). 

'The  act  of  April  26,  1898  (30  Stat.  365),  which  provides  that  in  time  of  war 
no  additional  compensation  shall  be  allowed  to  soldiers  performing  what  is 
known  as  "  extra  or  special  duty,"  applies  to  enlisted  men  at  the  Military 
Academy.  (4  Dec.  Comp.,  616.) 

The  act  of  July  26,  1894  (28  Stat.  155),  conferred  authority  upon  the  Secre- 
tary of  War  to  increase  the  strength  of  the  Army  Service  Detachment  of  the 
Quartermaster's  Department  to  one  hundred  and  fifty  men.  The  act  of  March 
6,  1896  (29  Stat.  48),  fixes  the  strength  of  the  cavalry  detachment  as  follows: 
One  first  sergeant,  five  sergeants,  four  corporals,  two  farriers,  one  saddler,  one 
wagoner,  and  fifty-two  privates.  The  authorized  strength  of  these  detachments 
is  now  215  enlisted  men. 


424  MILITARY  LAWS  OF   THE  UNITED   STATES. 

THE   LIBRARY. 

1172.  Senate  documents  for  library. — The  Secretary  of  the  Senate 
shall  furnish  annually  to  the  library  of  the  Academy  one  copy  of 
each  document  published,  during  the  preceding  year,  by  the  Senate. 
Sec.  1332,  R.  S. 

1173.  Depository  of  Government  publications. — The  libraries  of 
the  eight  Executive  Departments,  of  the  United  States  Military 
Academy,  and  United  States  Naval"  Academy  are  hereby  constituted 
designated  depositories  of  Government  publications,  and  the  super- 
intendent of  documents  shall  supply  one  copy  of  said  publications, 
in  the  same  form  as  supplied  to  other  depositories,  to  each  of  said 
libraries.1    Sec.  98,  Act  of  Jan.  12, 1895  (28  Stat.  624). 

THE  BOARD  OF  VISITORS. 

1174.  How  constituted  and  appointed. — That  the  Act  approved 
May  twenty-eighth,  nineteen  hundred  and  eight,  be  amended  and  re- 
enacted  so  as  to  read  as  follows: 

That  hereafter  the  Board  of  Visitors  to  the  Military  Academy 
shall  consist  of  five  members  of  the  Committee  on  Military  Affairs 
of  the  Senate  and  seven  members  of  the  Committee  on  Military 
Affairs  of  the  House  of  Representatives,  to  be  appointed  by  the  re- 
spective chairmen  thereof;  the  members  so  appointed  shall  visit  the 
Military  Academy  annually  at  such  time  as  the  chairman  of  said 
committees  shall  appoint,  and  the  members  from  each  of  said  com- 
mittees may  visit  said  academy  together  or  separately  as  the  said 
committees  may  elect  during  the  session  of  Congress ;  and  the  super- 
intendent of  the  academy  and  the  members  of  the  Board  of  Visitors 
shall  be  notified  of  such  date  by  the  chairman  of  the  said  committees. 
The  expenses  of  the  members  of  the  board  shall  be  their  actual  ex- 
penses while  engaged  upon  their  duties  as  members  of  said  board  not 
to  exceed  five  dollars  per  day  and  their  actual  expenses  of  travel  by 
the  shortest  mail  routes :  Provided  further,  That  so  much  of  sections 
thirteen  hundred  and  twenty-seven,  thirteen  hundred  and  twenty- 
eight,  and  thirteen  hundred  and  twenty-nine,  Revised  Statutes  of  the 
United  States,  as  is  inconsistent  with  the  provisions  of  this  Act  are 
hereby  repealed.  Act  of  Aug.  9, 1912  (37  Stat.  257). 

1  The  maintenance  of  the  library  is  provided  for  in  the  annual  acts  of  appro- 
priation for  the  support  of  the  Military  Academy.  Beginning  with  the  act  of 
May  1,  1888  (25  Stat  112),  said  acts  have  contained  the  following  provision: 
"  That  all  technical  and  scientific  supplies  for  the  departments  of  instruction 
of  the  Military  Academy  shall  be  purchased  by  contract  or  otherwise,  as  the 
Secretary  of  War  may  deem  best."  Also  beginning  with  act  of  March  4,  1909 
(35  Stat.  1037),  they  have  contained  the  following:  "  Section  thirty-six  hundred 
and  forty-eight,  Revised  Statutes,  shall  not  apply  to  subscriptions  for  foreign, 
professional,  and  other  newspapers  and  periodicals,  to  be  paid  for  from  any  of 
the  foregoing  appropriations."  Section  3648  prohibits  the  advances  of  public 
moneys. 

An  appropriation  for  a  library  is  a  specific  appropriation  for  books  and  other 
publications  necessary  or  appropriate  therefor.  (VI  Comp.  Dec.,  736.) 


MILITARY   LAWS  OF  THE   UNITED   STATES.  425 

1175.  Duties. — It  shall  be  the  duty  of  the  board  of  visitors  to  in- 
quire into  the  actual  state  of  the  discipline,  instruction,  police  ad- 
ministration, fiscal  affairs,  and  other  concerns  of  the  Academy.    The 
visitors  appointed  by  the  President  shall  report  thereon  to  the  Sec- 
retary of  War,  for  the  information  of  Congress,  at  the  commence- 
ment  of  the   session   next   succeeding   such   examination,   and   the 
Senators  and  Representatives  designated  as  visitors  shall  report  to 
Congress,  within  twenty  days  after  the  meeting  of  the  session  next 
succeeding  the  time  of  their  appointment,  their  action  as  such  visitors, 
with  their  views  and  recommendations  concerning  the  Academy. 
Sec.  1328,  R.  S. 

MISCELLANEOUS. 

1176.  Additional  pay  of  certain  enlisted  men. — The  noncommis- 
sioned officer  in  charge  of  mechanics  and  other  labor  at  the  Military 
Academy,  the  soldier  acting  as  clerk  in  the  adjutant's  office,  and  the 
four  enlisted  men  in  the  philosophical  and  chemical  departments 
and  lithographic  office,  shall  receive  fifty  dollars  a  year  additional 
pay.    Sec.  1341,  R.  S. 

•1177.  Contingencies  of  Superintendent. — For  contingencies  for 
Superintendent  of  the  Academy,  one  thousand  dollars.1  Act  of  Mar. 
6,1896  (29  Stat.  49). 

1178.  Contingent  fund. — All  funds  arising  from  the  rent  of  the 
hotel  on  Academy  grounds,  and  other  incidental  sources,  from  and 
after  this  date  be,  and  are  hereby,  made  a  special  contingent  fund, 
to  be  expended  under  the  supervision  of  the  Superintendent  of  the 
Academy,  and  that  he  be  required  to  account  for  the  same,  annually, 
accompanied  by  proper  vouchers  to  the  Secretary  of  War.    Act  of 
May  1, 1888  (25  Stat.  112).    Provided,  That  all  proceeds  of  sales  of 
gas  [shall]  be  paid  into  the  post  fund.     Act  of  Mar.  1, 1893  (27  Stat. 
520}. 

1179.  Proceeds  of  sale  of  unserviceable  material. — When  any  in- 
strument, apparatus,  implements,  or  materials  which  have  been  here- 
tofore or  may  hereafter  be  purchased  or  acquired  for  the  use  of  any 
department  of  instruction  or  for  the  maintenance  and  operation  of 

*Any  appropriation  for  contingencies  for  the  Superintendent  of  the  Military 
Academy  is  available  for  such  casual  expenses  as  are  necessary,  or  at  least 
appropriate  and  convenient,  in  order  to  the  performance  of  the  duties  required 
by  law  of  the  Superintendent.  *  *  *  The  certificate  of  the  Superintendent, 
as  to  the  correctness  and  justness  of  expenditures  from  the  appropriation  for 
contingencies  for  said  Superintendent  may  be  accepted  in  the  adjustment  and 
settlement  of  Military  Academy  accounts.  (3  Dig.  2d  Comp.  Dec.,  par.  828.) 

All  accounts  for  the  expenditure  of  public  moneys  should  be  itemized  so  far 
as  practicable,  and  a  discretion  given  to  the  officer  having  control  of  an  appro- 
priation does  not  dispense  with  this  requirement.  HV  Comp.  Dec.,  159.) 

An  appropriation  for  contingencies  for  the  Superintendent  of  the  Military 
Academy  is  an  appropriation  for  purposed  of  a  contingent  character — that  is, 
such  as  might  or  might  not  happen,  and  which  Congress  could  not  easily  foresee, 
and  therefore  could  not  provide  for  definitely.  (3  Dig.  Dec.  2d  Comp.,  par.  827.) 


426  MILITABY  LAWS  OF   THE  UNITED   STATES. 

the  waterworks  are  no  longer  needed  or  are  no  longer  serviceable  they 
may  be  sold  in  such  manner  as  the  superintendent  may  direct  and 
the  proceeds  credited  to  the  appropriation  for  the  department  or  the 
waterworks  for  which  they  were  purchased  or  acquired.  Act  of  Aug. 
9,  1912  (37  Stat.  260). 

1180.  The   Gullum  Memorial  Hall.— The  Memorial   Hall   to   be 
erected  under  the  provisions  of  this  act  shall  be  a  receptacle  of 
statues,  busts,  mural  tablets,  and  portraits  of  distinguished  and  de- 
ceased officers  and  graduates  of  the  Military  Academy,  of  paintings 
of  battle  scenes,  trophies  of  war,  and  such  other  objects  as  may  tend 
to  give  elevation  to  the  military  profession;   and  to  prevent  the 
introduction  of  unworthy  subjects  into  this  hall  the  selection  of  each 
shall  be  made  by  not  less  than  two-thirds  of  the  members  of  the 
entire  academic  board  of  the  United  States  Military  Academy,  the 
vote  being  taken  by  ayes  and  nays  and  to  be  so  recorded.    Sec.  6,  Act 
of  July  23, 1892  (27  Stat.  263). 

1181.  Buildings  for  religious  worship. — The  Secretary  of  War,  in 
his  discretion,  may  authorize  the  erection  of  a  building  for  religious 
worship  by  any  denomination,  sect,  or  religion  on  the  West  Point 
Military  Reservation:  Provided,  That  the  erection  of  such  building 
will  not  interfere  with  the  uses  of  said  reservation  for  military  pur- 
poses.    Said  building  shall  be  erected  without  any  expense  whatever 
to  the  Government  of  the  United  States,  and  shall  be  removed  from 
the  reservation,  or  its  location  changed  by  the  denomination,  sect,  or 
religious  body  erecting  the  same  whenever,  in  the  opinion  of  the  Sec- 
retary of  War,  public  or  military  necessity  shall  require  it,  and  with- 
out compensation  for  such  building  or  any  other  expense  whatever 
to  the  Government.     Act  of  July  8, 1898  (30  Stat.  722). 

1182.  The  Army  War  College. — For  hire  of  clerks,  purchase  of 
stationery,  furniture,  and  for  contingent  expenses  incident  to  the 
establishment  of  the  Army  War  College,  having  for  its  object  the 
direction  and  coordination  of  the  instruction  in  the  various  service 
schools,  extension  of  the  opportunities  for  investigation  and  study 
in  the  Army  and  militia  of  the  United  States,  and  the  collection  and 
dissemination   of   military   information,   twenty   thousand   dollars. 
Act  of  May  26, 1900  (31  Stat.  209). 

1183.  The  service  schools. — United  States  service  schools:  To  pro- 
vide means  for  the  theoretical  and  practical  instruction  at  the  Staff 
College  (including  the  Army  School  of  the  Line,1  Army  Field  Engi- 
neer School,  and  the  Army  Signal  School)   at  Fort  Leavenworth, 

lrThe  Infantry  and  Cavalry  School  was  established  at  Fort  Leavenworth, 
Kans.,  in  pursuance  of  General  Orders,  No.  42,  Adjutant-General's  Office,  of 
May  7,  1881.  Although  not  created  by  statute,  its  existence  was  recognized  by 
Congress  in  several  acts  of  appropriations,  beginning  with  the  act  of  March 
2,  1889.  It  has  been  superseded  by  the  "Army  School  of  the  Line,"  which  was 
first  recognized  by  statute  in  the  act  of  March  3,  1909  (35  Stat.  733). 

For  complete  list  of  service  schools  see  par.  449,  A.  R.,  1913. 


MILITAEY   LAWS   OF   THE   UNITED   STATES.  427 

Kansas,  the  Mounted  Service  School  at  Fort  Biley,  Kansas,  and  the 
School  of  Fire  for  Field  Artillery  at  Fort  Sill,  Oklahoma,  by  the  pur- 
chase of  text-books,  books  of  reference,  scientific  and  professional 
papers,  the  purchase  of  modern  instruments  and  material  for  theo- 
retical and  practical  instruction,  and  for  all  other  absolutely  neces- 
sary expenses,  to  be  allotted  in  such  proportions  as  may,  in  the  opin- 
ion of  the  Secretary  of  War,  be  for  the  best  interests  of  the  military 
service,  $30,350.  Act  of  Mar.  0, 1913  (37  Stat.  704). 

*  *  *  That  from  the  enlisted  force  of  the  army  now  provided 
by  law  the  President  may  authorize  the  organization  of  school  de- 
tachments at  each  of  the  service  schools,  and  may  authorize  the  ap- 
pointment therein  of  such  noncommissioned  officers,  mechanics,  ar- 
tificers, farriers,  horseshoers,  and  cooks  as  may  be  necessary  for  the 
administration  of  such  school:  Provided,  That  nothing  herein  shall 
be  construed  as  to  authorize  an  increase  in  the  total  number  of  en- 
listed men  of  the  army  now  authorized  by  law.  Act  of  Mar.  3, 1909 
(35  Stat.  733). 

1184.  The  Engineer  School. — Equipment  and  maintenance  of  the 
Engineer  School  at  Washington  Barracks,  District  of  Columbia,  in- 
cluding purchase  of  instruments,  machinery,   implements,  models, 
and  materials,  for  the  use  of  the  school  and  for  instruction  of  engi- 
neer troops  in  their  special  duties  as  sappers  and  miners;  for  land 
mining,  pontooning,  and  signaling ;  for  purchase  and  binding  of  pro- 
fessional works  and  periodicals  of  recent  date  treating  of  military 
and  civil  engineering  and  kindred  scientific  subjects  for  the  library 
of  the  United  States  Engineer  School,     *     *     *  dollars.1    Act  of 
Mar.  2,  1913  (37  Stat.  719). 

1185.  The  artillery  schools. — Coast  Artillery  School,  Fort  Monroe, 
Virginia.2     For  incidental  expenses  of  the  school,  including  chem- 

1  The  United  States  Engineer  School  was  established  by  Executive  order,  but 
has  been  recognized  in  the  several  acts  of  appropriation  from  the  act  of  March 
3,  1873  (17  Stat.  546),  down  to  the  present  time.  It  was  originally  located  at 
Fort  Totten,  Willets  Point,  N.  Y.,  but  was  removed  in  1902  to  Washington  Bar- 
racks, D.  C.  (See  General  Orders  155,  A.  G.  O.,  Nov.  27,  1901.) 

3  The  Artillery  School  was  established  at  Fortress  Monroe,  Va.,  in  pursuance 
of  General  Orders,  No.  18,  Adjutant-General's  Office,  of  April  5,  1824.  It  ceased 
to  exist,  in  1835,  by  reason  of  the  transfer  of  the  troops  composing  the  school  to 
other  duties.  It  was  reestablished  by  General  Orders,  No.  9,  Adjutant-General's 
Office,  of  October  30,  1856.  A  code  of  regulations  and  plan  of  instruction  was 
approved  by  the  Secretary  of  War  and  published  to  the  Army  in  General  Orders, 
No.  5,  Adjutant-General's  Office,  of  May  18,  1858.  The  school  was  again  dis- 
continued at  the  outbreak  of  the  War  of  the  Rebellion  in  1861.  It  was  reor- 
ganized by  General  Orders,  No.  99,  Adjutant-General's  Office,  of  November  13, 
1867.  Although  not  created  by  statute,  its  existence  has  been  recognized  and 
the  courses  of  study  pursued  have  been  sanctioned  by  Congress  in  several  acts 
of  appropriation.  ( See  the  various  acts  of  appropriation  from  that  of  June  20, 
1878  (20  Stat.  223),  down  to  the  present  time),  tt  was  first  appropriated  for 
as  the  "  Coast  Artillery  School"  in  the  act  of  March  3,  1909  (35  Stat.  733).  In 
the  act  of  August  24,  1912  (37  Stat.  570),  under  the  appropriation  for  "  United 
States  Service  Schools "  provision  is  made  for  a  "  School  of  Fire  for  Field 
Artillery  at  Fort  Sill,  Okla.,"  and  this  provision  is  continued  in  the  act  of 
March  2,  1913  (37  Stat.  704). 


428  MILITARY   LAWS   OF   THE   UNITED   STATES. 

icals,  stationery,  hardware;  cost  of  special  instruction  of  officers  de- 
tailed as  instructors ;  extra-duty  pay  to  soldiers  necessarily  employed 
for  periods  not  less  than  ten  days  as  artificers  on  work  in  addition  to 
and  not  strictly  in  line  with  their  military  duties,  such  as  carpenters, 
blacksmiths,  draftsmen,  printers,  lithographers,  photographers, 
engine  drivers,  telegraph  operators,  teamsters,  wheelwrights, 
masons,  machinists,  painters,  overseers,  laborers;  office  furniture  and 
fixtures,  machinery,  and  unforeseen  expenses,  $10,000. 

For  purchase  of  engines,  generators,  motors,  machines,  measuring 
instruments,  special  apparatus  and  materials  for  the  division  of  the 
enlisted  specialists,  $7,000. 

For  purchase  of  special  apparatus  and  materials  and  for  experi- 
mental purposes  for  the  department  of  artillery  and  land  defense, 
$3,000. 

For  purchase  of  engines,  generators,  motors,  machines,  measuring 
instruments,  special  apparatus  and  materials  for  the  department  of 
engineering  and  mine  defense,  $5,500. 

For  purchase  and  binding  of  professional  books  of  recent  date 
treating  of  military  and  scientific  subjects  for  library  and  for  use  of 
school,  $2,500.  *  *  *  Act  of  Mar.  2,  1913  (37  Stat.  705). 

1186.  The  Mounted  Service  School. — That  the  Secretary  of  War  be, 
and  he  is  hereby,  authorized  and  directed  to  establish  upon  the  mil- 
itary reservation  at  Fort  Riley,  a  permanent  school  of  instruction  for 
drill  and  practice  for  the  cavalry  and  light  artillery  service  of  the 
Army  of  the  United  States,  and  which  shall  be  the  depot  to  which  all 
recruits  for  such  service  shall  be  sent;  and  for  the  purpose  of  con- 
struction of  such  quarters,  barracks,  and  stables  as  may  be  required 
to  carry  into  effect  the  purposes  of  this  act  the  sum  of  two  hundred 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated.1   Act.  of  Jan.  29, 1887  (24  Stat.  372) . 

1187.  Leaves  of  absence  of  instructors  at  service  schools. — The  pro- 
visions of  section  thirteen  hundred  and  thirty,  Revised  Statutes, 
authorizing  leaves  of  absence  to  certain  officers  of  the  Military  Acad- 
emy, during  the  period  of  the  suspension  of  the  ordinary  academic 
studies,  without  deduction  from  pay  and  allowances,  be.  and  are 
hereby,  extended  to  include  officers  on  duty  exclusively  as  instructors 
at  the  service  schools  on  approval  of  the  officer  in  charge  of  said 
schools.    Act  of  Mar.  23, 1910  (36  Stat.  244). 

1  The  Cavalry  and  Light  Artillery  School  was  established  in  pursuance  of  the 
act  of  January  29,  1887,  by  General  Orders,  No.  17,  Adjutant-General's  Office, 
of  March  14,  1892.  See  also  in  connection  with  this  school  the  acts  of  October 
2,  1888  (25  Stat.  534),  and  March  2,  1889  (id.,  966).  This  school  has  been 
superseded  by  the  "  Mounted  Service  School  at  Fort  Riley,  Kans.,"  and  provision 
has  been  made  therefor  under  that  title  beginning  with  the  act  of  March  3, 
1909  (35  Stat.  733).  (See  par.  1183,  ante.) 


MILITARY  LAWS   OF  THE  UNITED  STATES.  429 

1188.  Prizes  for  graduates  from  Army  schools  for  bakers  and 
cooks. — For  providing  prizes  to  be  established  by  the  Secretary  of 
War  for  enlisted  men  of  the  Army  who  graduate  from  the  Army 
schools  for  bakers  and  cooks,  the  total  amount  of  such  prizes  at  the 
various  schools  not  to  exceed  nine  hundred  dollars  per  annum, 
*  *  *  dollars.1  Act  of  Mar.  2, 1907  (34  Stat.  1166). 

*A  similar  provision  has  occurred  in  the  several  annual  Army  appropriation 
acts  since  this  enactment. 


XXIX, 


CONTRACTS  AND  PURCHASES. 


Par. 

General  provisions 1189-1195 

Contracts    under   direction    of 

Secretary  of  War 1189 

Unauthorized  contracts  prohib- 
ited   1190 

Building  contracts  not  to  exceed 

appropriation 1191 

Same — penalty 1192 

Sites  for  buildings 1193 

Contracts  for  stationery 1194 

Voluntary  service 1195 

Advertising 1196-1205 

Advertising — exceptions 1196 

Same — supplies,  etc.,  for  exec- 
utive departments 1197 

Same — Army  supplies 1198 

Same — period  of  advertising  and 

award 1199 

Same — open  market  purchases 

under  $500 1200 

Same — in  newspapers 1201 

Same— rates 1202 

Same — in  District  of  Columbia, 

limitations 1203 

Same — rates  in  District  of  Co- 
lumbia    1204 

Same — on  Pacific  coast 1205 

Proposals— bidders'  bonds 1206-1210 

Secretary  of  War  to  prescribe 

rules,  etc 1206 

Bidders'  bonds 1207 

Opening  bids 1208 

Separate  proposals  and  contracts  1209 
River  and  harbor  improvements 

in  same  region 1210 

Written    contracts — returns    of- 
fice   1211-1216 

Formal    written    contracts — re- 
turns office 1211 

Oath  to  return 1212 

Penalty  for  omitting  return 1213 

Instructions  regarding  return  . .  1214 
Stipulation    that    no   Member, 
etc.,  of  Congress  shall  have 
interest..  .  1215 


Par. 


Written  contracts — returns  office — 
Continued. 

Contracts  to  be  filed  with  audit- 
ors   1216 

Bonds  to  secure  payment  for  labor 

and  material 1217 

Eight-hour  law 1218-1232 

Eight    hours    to    be    a    day's 

work 1218 

Same — contractors    on     public 

works — emergencies 1219 

Same— penalty 1220 

Same — present  contracts  unaf- 
fected  1221 

Same— contract  for  withholding 

penalty 1222 

Same— exceptions 1223 

Same — when  effective 1224 

Same— Canal  Zone 1225 

Same 1226 

Mississippi  River  levee  work . .  1227 

Naval  appropriation  act 1228 

Same 1229 

Same 1230 

Fortification  act 1231 

Amendment  of  act  of  August  1, 

1892 1232 

Transfer  of  contract  prohibited 1233 

Miscellaneous  provisions 1234-1244 

Preference  for  American  mate- 
rial  1234 

Means  of  transportation 1235 

Contracts  for  printing 1236 

Post  bakeries 1237 

Delivery    of    subsistence    sup- 
plies   1238 

Purchase  of  steel 1239 

Purchases  from  Indians 1240 

Name  of  contractor  on  supplies.  1241 
Inspection  of   fuel — District  of 

Columbia 1242 

Same — copy  of  appointment  to 

accounting  officers 1243 

Same — certificate    of    inspector 
required 1244 

431 


432 


MILITARY   LAWS  OF   THE   UNITED   STATES. 


Par. 
Penal  offenses 1245-1254 

Member,  etc.,  of  Congress,  or 
officer  of  United  States  accept- 
ing pay  for  procuring  contract.  1245 

Same — for  services  in  relation  to 
contracts 1246 

Member,  etc.,  of  Congress — in- 
terested in  contract 1247 

Officer  contracting  with  Mem- 
ber, etc.,  of  Congress 1248 


Par. 
Penal  offenses — Continued. 

Same — exception  as  to  corpora- 
tions   1249 

Agent  of  corporation  as  agent  of 

United  States 1250 

Bribery 1251 

Extortion 1252 

Witness  accepting  bribe 1253 

Officer,  etc.,  accepting  bribe...  1254 


GENERAL,   PROVISIONS. 

1189.  Contracts  under  direction  of  Secretary  of  War.1 — All  pur- 
chases and  contracts  for  supplies  or  services  for  the  military  and 
naval  service  shall  be  made  by  or  under  the  direction  of  the  chief 
officers  of  the  Departments  of  War  and  of  the  Navy,  respectively.2 

1  The  United  States  in  its  political  capacity  may,  within  the  sphere  of  the  con- 
stitutional powers  confided  to  it,  and  through  the  instrumentality  of  the  depart- 
ments to  which  those  powers  are  intrusted,  enter  into  contracts  not  prohibited 
by  law  and  appropriate  to  the  just  exercise  of  these  powers;  no  legislative 
authorization  is  required,  such  power  being  incident  to  the  general  right  of 
sovereignty.  (Dugan  v.  U.  S.,  3  Wheaton,  172;  U.  S.  v.  Tingey,  5  Peters,  114; 
U.  S.  v.  Bradley,  10  id.,  343 ;  U.  S.  v.  Linn,  15  id.,  290 ;  Cotton  v.  U.  S.,  11  How- 
ard, 229;  Fowler  v.  U.  S.,  3  Ct  Cls.,  43;  Allen  v.  U.  S.,  id.,  91.) 

"Under  this  statute  the  Secretary  of  War  is  the  source  of  all  authority  to 
make  contracts  or  purchases  in  all  branches  of  the  military  establishment. 
"  Whether  he  makes  the  contracts  himself,  or  confers  the  authority  upon  others, 
it  is  his  duty  to  see  that  they  are  properly  and  faithfully  executed;  and  if  he 
becomes  satisfied  that  contracts  which  he  has  made  himself  are  being  fraudu- 
lently executed,  or  those  made  by  others  were  made  in  disregard  of  the  rights 
of  the  Government,  or  with  the  intent  to  defraud  it,  or  are  being  unfaithfully 
executed,  it  is  his  duty  to  interpose,  arrest  the  execution,  and  adopt  effectual 
measures  to  protect  the  Government  against  the  dishonesty  of  subordinates." 
(U.  S.  v.  Adams,  7  Wall.,  463,  477;  Parish  v.  U.  S.,  8  Wall.,  489.) 

The  head  of  an  Executive  Department  may,  when  not  prejudicial  to  the  in- 
terests of  the  Government,  or  for  its  benefit,  alter  or  modify  the  terms  of  a  con- 
tract made  under  his  direction,  but  his  subordinates  may  not  take  such  action 
without  express  authority  from  him.  (2  Comp.  Dec.,  182.) 

The  laws  governing  the  purchase  of  supplies  for  the  Army  are  equally  appli- 
cable whether  the  purchases  are  made  from  funds  received  from  the  sale  of 
stores  or  from  the  regular  appropriations  available  therefor.  (3  Dig.  2d  Comp. 
Dec.,  287.) 

The  Secretary  of  War  has  authority  to  extend  the  time  for  the  execution 
of  a  contract  made  on  behalf  of  his  department  when  the  interests  of  the  Gov- 
ernment are  not  thereby  prejudiced,  and  particularly  when  its  noncompletion 
within  the  time  limited  is  not  due  to  the  negligence  of  the  contractor.  (2 
Comp.  Dec.,  242 ;  Solomon  v.  U.  S.,  19  Wall.,  17 ;  U.  S.  v.  Corliss  Steam  Engine 
Co.,  91  U.  S..  321;  XVIII  Opin.  Att.  Gen.,  101;  2  Comp.  Dec.,  635.) 

Approval  of  contract  by  superior  authority. — Where  a  contract  in  terms  "  is 
subject  to  the  approval  of  the  Quartermaster  General,"  approval  is  a  condition 
precedent  to  the  legal  effect  of  the  agreement.  (Darragh  v  U.  S.,  33  Ct. 
Cls.,  377;  Monroe  &  Richardson  v.  U.  S.,  35  id.,  199;  Cathell  v.  U.  S.,  46  id., 
368;  Monroe  v.  U.  S.,  184  U.  S.,  524.)  The  refusal  of  the  Qartermaster 
General  to  approve  a  contract  after  work  has  been  begun  by  the  contractor 
is  not  a  rescission.  The  contractor  who  begins  work  before  approval  does 
so  at  his  own  risk;  and  if  he  is  paid  for  the  work  done,  he  can  not  recover 
profits  as  if  there  had  been  a  breach.  (Id.)  Such  approval  need  not  be  in 
writing.  (Speed's  Case,  8  Wallace,  77.) 

Government  contracts,  by  whom  made,  binding  force,  etc. — Where  a  public 
agent  acts  in  the  line  of  his  duty  and  by  legal  authority,  his  contracts  made 


MILITARY   LAWS   OF   THE   UNITED   STATES.  433 

And  all  agents  or  contractors  for  supplies  or  service  as  aforesaid  shall 
render  their  accounts  for  settlement  to  the  accountant  of  the  proper 
department  for  which  such  supplies  or  services  are  required,  subject, 
nevertheless,  to  the  inspection  and  revision  of  the  officers  of  the 
Treasury  in  the  manner  before  prescribed.  Sec.  371^,  R.  S. 

1190.  Unauthorized  contracts  prohibited. — No  contract  or  purchase 
on  behalf  of  the  United  States  shall  be  made,  unless  the  same  is 
authorized  by  law  or  is  under  an  appropriation  adequate  to  its  ful- 
fillment, except  in  the  War  and  Navy  Departments,  for  clothing, 
subsistence,  forage,  fuel,  quarters,  transportation,  or  medical  and 
hospital  supplies^  which,  however,  shall  not  exceed  the  necessities 
of  the  current  year.2  Sec.  3732,  R.  $.,  as  amended  by  Act  of  June  12, 
1906  (34  Stat.  255). 

on  account  of  the  Government  are  public  and  not  personal.  They  inure  to  the 
benefit  of  and  are  obligatory  on  the  Government,  not  the  officer.  (Hodgin  v. 
Dexter,  1  Cranch,  345,  363;  Parks  v.  Ross,  11  Howard,  362.)  The  Government 
is  not  bound  by  the  act  of  its  agent,  unless  it  clearly  appear  that  he  acted 
within  the  scope  of  his  authority,  or  was  employed  as  a  public  agent  to  do,  or 
was  held  out  as  having  authority  to  do,  such  act.  (Whiteside  v.  U.  S.,  93  U.  S., 
247;  Lee  v.  Munroe,  7  Cranch,  366;  Filer  v.  U.  S.,  9  Wall.,  45.)  Where  service 
was  performed  under  a  general  appropriation,  the  contractor  is  not  bound  to 
know  the  condition  of  the  appropriation.  (Myerle  v.  U.  S.,  33  Ct.  Cls.,  1.) 

See  note  to  paragraph  1211,  post. 

1  The  words  "  medical  and  hospital  supplies  "  were  added  by  act  of  June  12, 
1906  (34  Stat.  255). 

aThe  United  States  when  it  enters  into  a  contract  with  an  individual  relin- 
quishes its  sovereign  character  quoad  that  transaction  is  subject  to  the  rules 
of  right  and  justice  between  man  and  man,  and  is  controlled  by  the  same  laws 
that  govern  individuals  with  respect  to  such  contract.  (Clark  v.  U.  S.,  6 
Wallace,  546 ;  U.  S.  v.  Smoot,  15  id.,  47 ;  Cooke  v.  U.  S.,  91  U.  S.,  398 ;  U.  S.  v. 
Bostwick,  94  U.  S.,  592 ;  Mann  v.  U.  S.,  3  Ct.  Cls.,  404 ;  Chic.  R.  R.  Co.  v.  U.  S. 
104,  U.  S.,  680;  U.  S.  v  No.  Am.  Com.  Co.,  74  Fed.  Rep.,  145.)  The  United 
States  is  liable  in  damages  for  breach  of  contract  to  the  same  extent  as  an 
individual.  (Chicago  R.  R.  Co.  v.  U.  S.,  104  U.  S.,  680;  Eastern  R.  R.  Co.  v. 
U.  S.,  129,  U.  S.,  396.)  Such  right  of  action  against  the  United  States,  however, 
is  subject  to  the  limitation  that  the  Government  can  not  be  sued  without  its 
consent.  (U.  S.  v.  McLemore,  4  Howard,  286;  U.  S.  v.  Clarke,  8  Peters,  436S 
444 ;  DeGroot  v.  U.  S.,  5  Wallace,  419 ;  U.  S.  v.  Eckford,  6  id.,  484 ;  U.  S.  v.  Lee, 
106  U.  S.,  204;  Nock  v.  U.  S.,  2  Ct.  Cls.,  451.)  Such  consent  to  be  sued,  in 
respect  to  certain  causes  of  action,  has  been  given  by  the  establishment  of  the 
Court  of  Claims.  (For  the  jurisdiction  of  this  court,  see  Chapter  VII,  ante.) 

The  restrictions  of  section  3732,  Revised  Statutes,  are  in  the  alternative, 
prohibiting  a  contract  or  purchase  on  the  part  of  the  United  States  unless 
"  authorized  by  law "  or  unless  such  contract  or  purchase  is  made  "  under 
an  appropriation  adequate  to  its  fulfillment."  Contracts  to  be  valid  must  be 
shown  to  come  under  one  or  the  other  of  these  provisions.  (Shipman  v. 
U.  S,  155  U.  S.,  500.) 

When  the  authority  to  enter  into  a  contract  for  a  particular  work  in  behalf  of 
the  United  States  depends  wholly  upon  an  appropriation  of  money  made  for 
that  purpose,  no  officer  of  the  Government  has  power  to  create  a  liability 
therefor  beyond  the  amount  of  the  appropriation,  and  a  contractor  can  not  re- 
cover more  than  the  money  appropriated,  whatever  may  be  the  extent  of  his 
work.  When  an  alleged  liability  rests  wholly  upon  the  authority  of  an  ap- 
propriation they  must  stand  or  fall  together,  so  that  when  the  latter  is  ex- 
hausted the  former  is  at  an  end,  to  be  revived,  if  at  all,  only  by  subsequent 
legislation  by  Congress.  (Shipman  v.  U.  S.,  18  Ct.  Cls.,  138,  147;  McCullom  v. 
U.  S.,  17  id.,  92,  103;  Trenton  Co.  v.  U.  S.,  12  id.,  147,  157.)  A  contract  in 
excess  of  the  appropriation  would  not  bind  future  appropriations  even  if  con- 

48985°— 15 28 


434  MILITARY   LAWS   OF   THE   UNITED   STATES. 

1191.  Building  contract  not  to  exceed  appropriation. — No  contract 
shall  be  entered  into  for  the  erection,  repair,  or  furnishing  of  any 
public  building,  or  for  any  public  improvement  which  shall  bind  the 
Government  to  pay  a  larger  sum  of  money  than  the  amount  in  the 
Treasury  appropriated  for  the  specific  purpose.1     Sec.  3733,  R.  S. 

1192.  Same — Penalty. — Whoever,  being  an  officer  of  the  United 
States,  shall  knowingly  contract  for  the  erection,  repair,  or  furnish- 
ing of  any  public  building,  or  for  any  public  improvement,  to  pay  a 
larger  amount  than  the  specific  sum  appropriated  for  such  purpose, 
shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned 
not  more  than  two  years.    Sec.  98  (Criminal  Code)  Act  of  Mar.  J±, 
1909  (35  Stat.  1106). 

1193.  Sites  for  buildings. — No  monej"  shall  be  paid  nor  contracts 
made  for  payment  for  any  site  for  a  public  building  in  excess  of  the 
amount  specifically  appropriated  therefor.    Act  of  Mar.  3,  1875  (18 
Stat.  395). 

1194.  Contracts  for  stationery. — It  shall  not  be  lawful  for  any  of 
the  Executive  Departments  to  make  contracts  for  stationary  or  other 
supplies  for  a  longer  term  than  one  year  from  the  time  the  contract 
is  made.    Sec.  3735,  R.  S. 

1195.  Voluntary  service — Exceptions. — Hereafter  no  Department 
or  officer  of  the  United  States  shall  accept  voluntary  service  for  the 
Government  or  employ  personal  service  in  excess  of  that  authorized 
by  law,  except  in  cases  of  sudden  emergency  involving  the  loss  of 
human  life  or  the  destruction  of  property.2    Act  of  May  1,  1884  (23 
Stat.  17). 

ditioned  on  such  appropriations.  (15  Op.  Atty.  Gen.,  235)  ;  and  if  a  future 
appropriation  is  made,  this  gives  rise  to  a  new  power  to  contract.  (3  Comp. 
Dec.,  438;  4  id.,  318;  5  id.,  968;  9  id.,  284;  13  id..  478;  14  id.,  755;  Chase  v. 
U.  S.,  155  U.  S.  500.) 

If  an  officer  is  clothed  with  authority  to  do  a  piece  of  work  without  limitation 
as  to  cost,  the  contracts  made  by  him  therefor  are  binding  upon  the  Government 
whether  money  is  appropriated  for  the  purpose  or  not.  (Shipman  v.  U.  S.,  18 
id.,  138;  Collins  v.  U.  S.,  15  id.,  22,  35;  XIII  Op.  Att.  Gen.,  315;  XV  id.,  236.) 

Acknowledgments  and  promises  made  by  executive  officers  of  the  Government 
do  not  bind  the  United  States  when  they  are  not  made  under  express  or  implied 
authority  of  Congress.  (Leonard  et  al.  v.  U.  S.,  18  Ct.  Cls.,  382.) 

*  Authority  to  contract  for  the  completion  of  an  entire  structure,  the  plan  of 
which  has  been  determined  on,  can  not  be  inferred  from  the  mere  fact  that  an 
appropriation  of  a  certain  sum,  to  be  expended  on  the  structure,  has  been  made. 
Hence  a  contract,  though  it  be  good  to  the  extent  of  such  appropriation,  could 
not  affix  itself  to  future  appropriations  and  control  their  expenditure.  A  con- 
tract of  this  character  would  be  in  violation  of  the  spirit  of  section  3,  act  of 
July  25,  1868  (sec.  3733,  R.  S.),  if  not  of  its  express  terms.  (XV  Op.  Att. 
Gen.,  236.) 

Under  section  5  of  the  act  of  June  20,  1874  (18  Stat.  Ill),  all  appropriations 
for  "public  buildings"  are  available  until  otherwise  ordered  by  Congress.  (3 
Dig.  2d  Comp.  Dec.,  29.)  A  subappropriation  for  a  public  building  must,  under 
the  act  of  June  20,  1874  (18  Stat.  110,  111),  remain  available  until  its  object 
has  been  accomplished  or  until  it  has  been  exhausted,  unless  otherwise  ordered 
by  Congress.  (Id.  See  also  2  Comp.  Dec.,  365;  3  id.,  487.) 

1  Denison  v.  U.  S.,  168  U.  S.,  241. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  435 

ADVERTISING. 

1196.  Advertising — Exceptions. — All  purchases  and  contracts  for 
supplies 1  or  services  in  any  of  the  Departments  of  the  Government, 
except  for  personal  services,  shall  be  made  by  advertising2  a  suffi- 
cient time  previously  for  proposals  respecting  the  same  when  the 
public  exigencies  do  not  require  the  immediate  delivery  of  the  arti- 
cles or  performance  of  the  service.  When  immediate  delivery  or 
performance  is  required  by  the  public  exigency3  the  articles  or 

1  The  word  "  supplies  "  as  used  in  section  3709  of  the  Revised  Statutes  evi- 
dently has  reference  to  those  things  which  the  well-known  needs  of  the  public 
service  will  from  time  to  time  require  in  its  different  branches  for  its  successful 
and  efficient  administration,  and  the  statute  was  intended  to  afford  the  Gov- 
ernment the  pecuniary  benefits,  as  we*l  as  the  protection  against  fraud  and  fav- 
oritism, which  open  and  honest  competition  is  always  likely  to  secure.    It  could 
not  have  been  in  the  mind  of  the  lawmaking  power  to  require  that  purchases 
could  only  be  made  after  advertisement  of  small  articles  which  may  occasionally 
be  needed,  and  where  in  many  cases  the  cost  of  advertising  itself  would  exceed 
the  value  of  the  article  purchased.    It  can  not  be  said  that  such  cases  are  gov- 
erned by  the  emergency  provision  in  the  statute,  for  there  may  be,  and  are, 
many  instances  where  the  officer  could  not  truthfully  certify  that  immediate 
delivery  was  necessary.     (3  Dig.  2d  Comp.  Dec.,  238.) 

2  The  act  of  March  2,  1861,  sec.  3709,  R.  S.,  while  requiring  such  advertise- 
ment as  the  general  rule,  invests  the  officer  charged  with  the  duty  of  procuring 
supplies  or  services  with  a  discretion  to  dispense  with  advertising  if  the  exigen- 
cies of  the  public  service  require  immediate  delivery  or  performance.    It  is  too 
well  settled  to  admit  of  dispute  at  this  day  that  where  there  is  a  discretion  of 
this  kind  conferred  on  an  officer  or  board  of  officers,  and  a  contract  is  made  in 
which  they  have  exercised  that  discretion,  the  validity  of  the  contract  ca-i  not 
be  made  to  depend  on  the  degree  of  wisdom  or  skill  which  may  have  accom- 
panied its  exercise.     (U.  S.  v.  Speed,  8  Wall.,  77,  83;  Child  v.  U.  S.,  4  Ct.  Gls., 
176 ;  Mason  v.  U.  S.,  4  Ct.  Cls.,  495 ;  Wentworth  v.  U.  S.,  5  Ct.  Cls.,  302.     See, 
also,  III  Comp.  Dec.,  175,  314,  470.) 

8  Exigencies  growing  out  of  a  state  of  war,  or  hostilities  with  Indians,  were 
probably  mainly  had  in  view,  and  it  is  exigencies  of  this  class  which  have  been 
considered  in  the  adjudged  cases  in  the  Supreme  Court  and  Court  of  Claims. 
(See  U.  S.  v.  Speed,  8  Wallace,  S3;  Reeside  v.  U.  S.,  2  Ct.  Cls.,  1;  Mowry  v. 
U.  S.,  id.,  68 ;  Stevens  v.  U.  S.,  id.,  95 ;  Floyd  v.  U.  S.,  id.,  429 ;  Crowell  v.  U.  S., 
id.,  501;  Baker  v.  U.  S.,  3  id.,  343;  Henderson  v.  TJ.  S.,  4  id.,  75;  Childs  v.  U.  S., 
id.,  176 ;  Wentworth  v.  U.  S.,  5  id.,  302 ;  Wilcox  v.  U.  S.,  id.,  386 ;  Cobb  v.  U.  S., 
7  id.,  471,  and  9  id.,  291 ;  Thompson  v.  U.  S.,  id.,  187 ;  McKee  v.  U.  S.,  12  id., 
505.)  It  is  clear,  however,  that  other  exigencies  may  exist  requiring  that  con- 
tracts or  purchases  be  made  at  once  or  without  the  delay  incident  to  advertis- 
ing for  proposals.  Thus  a  loss  of  stores,  structures,  etc.,  on  hand,  caused  by  an 
actus  Dei  or  vis  major,  as  fire,  storm,  freshet,  or  a  sudden  riot  or  violent  dis- 
order; or  a  loss  of  supplies  occasioned  by  the  neglect  of  military  subordinates  in 
charge;  or  a  failure  of  a  contractor  to  fulfill  a  contract  for  supplies,  transpor- 
tation, or  other  service,  might  properly  be  regarded  as  constituting  an  "  exi- 
gency"  under  the  statute,  if  of  such  magnitude  or  injurious  consequence  to  the 
Army  as  to  necessitate  an  immediate  making  good  of  the  deficiency.  (McKee  v. 
U.  S.,  12  Ct.  Cls.,  529.)  The  general  rule,  however,  of  the  statute  in  requiring 
a  notice  and  invitation  to  the  public  as  a  preliminary  to  the  awarding  of  a 
contract,  is  founded  upon  a  sound  and  well-considered  public  policy,  and  excep- 
tions thereto,  especially  in  time  of  peace,  should  be  recognized  as  admissible 
only  where,  if  the  rule  were  strictly  complied  with,  the  public  interests  would 
manifestly  be  most  seriously  prejudiced.  (Dig.  Opin.  J.  A.  G.  (1912),  293  A.) 

As  to  the  authority  who  is  to  decide  whether  there  exists  such  an  exigency  as 
is  contemplated  by  the  statute,  the  Supreme  Court,  in  the  United  States  v. 
Speed,  8  Wallace,  83,  has  held  that  it  is  "  the  officer  charged  with  the  duty  of 
procuring  supplies  or  services  who  is  invested  with  this  discretion."  This  de 
scription  is  rather  general,  nor  is  the  term  "  the  purchasing  officer,"  by  which 
the  Court  of  Claims  explains  it,  in  Thompson  v.  U.  S.  (9  Ct.  Cls.,  196),  a  much 


436  MILITARY   LAWS   OF    THE   UNITED   STATES. 

service  required  may  be  procured  by  open  purchase  or  contract  at  the 
places  and  in  the  manner  in  which  such  articles  are  usually  bought 
and  sold  or  such  services  engaged  between  individuals.  Sec.  3709, 
R.S. 

1197.  Same — Supplies,  etc.,  for  executive  departments. — Hereafter 
all  supplies  of  fuel,  ice,  stationery,  and  other  miscellaneous  supplies 
for  the  executive  departments  and  other  government  establishments 
in  Washington,  when  the  public  exigencies  do  not  require  the  im- 
mediate delivery  of  the  article,  shall  be  advertised  and  contracted 
for  by  the  Secretary  of  the  Treasury,  instead  of  by  the  several  de- 
partments and  establishments,  upon  such  days  as  he  may  designate. 
There  shall  be  a  general  supply  committee  in  lieu  of  the  board  pro- 
more  precise  definition.  It  is  clear  ,however,  that  a  subordinate  officer  charged 
with  the  duty  of  being  the  immediate  representative  of  the  United  States  in  a 
contract  or  purchase  should  not,  in  general,  venture  to  dispense  with  advertis- 
ing, on  the  theory  of  the  existence  of  a  public  exigency,  in  the  absence  of  in- 
structions or  orders  from  a  proper  superior.  Nor,  on  the  other  hand,  will  a 
superior  officer,  in  entering  into  a  contract  for  his  command  or  branch  of  the 
Service,  properly  assume  that  an  "exigency  "  exists  authorizing  him  to  dispense 
with  the  statutory  forms  when  the  period  is  time  of  peace  and  no  imperative 
necessity  exists  for  the  immediate  delivery  of  the  supplies  or  performance  of 
the  service  supposed  to  be  contracted  for.  It  is  to  be  noted  that  the  cases  both 
of  Speed  and  Thompson  related  to  contracts  entered  into  during  the  Civil  War. 
In  the  instructive  opinions  of  the  Attorney  General  on  the  "  Fifteen  per  cent 
contracts  "  of  April  27  and  May  3,  1877  (XV  Opin.,  235,  253),  it  is  held  that  the 
"exigency"  contemplated  by  the  statute  can  be  one  of  time  only,  and  that  it 
can  be  regarded  as  existing  only  where  an  immediate  delivery  or  performance 
is  required  by  a  public  necessity.  (Dig.  Opin.  J.  A.  G.  (1912),  note  on  p.  306.) 

A  military  emergency  can  not  be  measured  by  precise  rules.  (Thompson  v. 
U.  S'.,  9  Ct.  Cls.,  187.)  The  act  of  March  2,  1861  (sec.  3709,  R.  S.),  requires  of 
a  quartermaster  that  openness,  diligence,  prudence,  and  care  which  an  indi- 
vidual might  be  supposed  to  exercise  were  he  buying  goods  in  just  such  an 
emergency  and  under  just  such  circumstances.  *  *  *  A  statute  relating  to 
national  emergencies  must  necessarily  be  construed  liberally,  but  a  case  under 
it  can  form  no  precedent  for  other  cases.  What  was  right  for  a  quartermaster 
to  do  under  certain  circumstances  can  be  lawful  and  right  only  when  the  precise 
circumstances  are  repeated.  (Childs  &  Co.  v.  U.  S.,  4  Ct.  Cls.,  176.) 

An  officer  charged  with  the  duty  of  making  a  contract  or  purchase  is  re- 
sponsible under  the  laws  and  regulations  for  his  action.  Permission  or  orders 
to  make  a  contract  or  purchase  without  inviting  competition  will  not  justify 
that  procedure  and  will  not  be  given.  (Par.  520,  A.  R.,  1913.) 

In  the  absence  of  any  emergency  in  fact,  or  any  declared  by  the  head  of  the 
department  in  which  a  public  work  is  being  carried  on,  or  any  emergency  that 
can  be  judicially  inferred,  the  requirements  of  this  section,  in  respect  to  ad- 
vertisement, are  mandatory,  and  a  contract  made  in  violation  of  it  is  void. 
(Schneider  v.  U.  S.,  19  Ct.  Cls.,  547,  551.) 

Personal  services  are  such  as  the  individual  employed  or  contracted  with 
must  perform,  in  person,  directly  under  the  control  and  supervision  of  an  officer 
or  agent  of  the  Government,  as  distinguished  from  services  the  performance  of 
which  may  be  delegated  by  the  contractor  to  others.  (Par.  596,  A.  R.,  1901.) 
They  are  contracts  for  expert  or  skilled  service  to  be  performed  by  the  con- 
tractor in  person.  (Dig.  Opin.  J.  A.  G.  (1912),  308D.  See  also  15  Op.  Atty. 
Gen.,  235,  253;  19  id.,  96;  6  Comp.  Dec.,  314.) 

Where  the  essential  part  of  a  contract  is  for  personal  services,  advertising 
for  proposals  under  section  3709,  Revised  Statutes,  is  not  required.  (2  Cornp. 
Dec.,  185.) 

Section  3709  does  not  require  the  advertising  for  proposals,  nor  the  entering 
into  contracts  for  the  purchase  of  patented  or  copyrighted  articles  where  the 
benefit  of  competition  can  not  be  secured.  (2  Comp.  Dec.,  632.) 

See  Dig.  Opin.  J.  A.  G.  (1912),  pages  306-312,  as  to  exceptions  to  the  rule 
requiring  advertising. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  437 

vided  for  in  section  thirty-seven  hundred  and  nine  of  the  Revised 
Statutes  as  amended,  composed  of  officers,  one  from  each  such  depart- 
ment, designated  by  the  head  thereof,  the  duties  of  which  committee 
shall  be  to  make,  under  the  direction  of  the  said  Secretary,  an  annual 
schedule  of  required  miscellaneous  supplies,  to  standardize  such  sup- 
plies, eliminating  all  unnecessary  grades  and  varieties,  and  to  aid  said 
Secretary  in  soliciting  bids  based  upon  formulas  and  specifications 
drawn  up  by  such  experts  in  the  service  of  the  Government  as  the 
committee  may  see  fit  to  call  upon,  who  shall  render  whatever  assist- 
ance they  may  require.  The  committee  shall  aid  said  Secretary  in 
securing  the  proper  fulfillment  of  the  contracts  for  such  supplies,  for 
which  purpose  the  said  Secretary  shall  prescribe,  and  all  depart- 
ments comply  with,  rules  providing  for  such  examination  and  tests 
of  the  articles  received  as  may  be  necessary  for  such  purpose ;  in  mak- 
ing additions  to  the  said  schedule;  in  opening  and  considering  the 
bids,  and  shall  perform  such  other  similar  duties  as  he  may  assign  to 
them:  Provided,  That  the  articles  intended  to  be  purchased  in  this 
manner  are  those  in  common  use  by  or  suitable  to  the  ordinary  needs 
of  two  or  more  such  departments  or  establishments;  but  the  said 
Secretary  shall  have  discretion  to  amend  the  annual  common  supply 
schedule  from  time  to  time  as  to  any  articles  that,  in  his  judgment, 
can  as  well  be  thus  purchased.  In  all  cases  only  one  bond  for  the 
proper  performance  of  each  contract  shall  be  required,  notwithstand- 
ing that  supplies  for  more  than  one  department  or  government  es- 
tablishment are  included  in  such  contract.  Every  purchase  or  draw- 
ing of  such  supplies  from  the  contractor  shall  be  immediately  re- 
ported to  said  committee.  No  disbursing  officer  shall  be  a  member  of 
such  committee.  No  department  or  establishment  shall  purchase  or 
draw  supplies  from  the  common  schedule  through  more  than  one 
office  or  bureau,  except  in  case  of  detached  bureaus  or  offices  having 
field  or  outlying  service,  which  may  purchase  directly  from  the  con- 
tractor with  the  permission  of  the  head  of  their  department:  And 
provided  further,  That  telephone  service,  electric  light,  and  power 
service  purchased  or  contracted  for  from  companies  or  individuals 
shall  be  so  obtained  by  him.1  Sec.  4,  Act  of  June  17,  1910  (36  Stat. 
531}. 

1198.  Same — Army  supplies. — Hereafter,  except  in  cases  of  emer- 
gency or  where  it  is  impracticable  to  secure  competition,  the  purchase 
of  all  supplies  for  the  use  of  the  various  departments  and  posts  of 
the  Army  and  of  the  branches  of  the  army  service  shall  only  be  made 
after  advertisement,  and  shall  be  purchased  where  the  same  can  be 
purchased  the  cheapest,  quality  and  cost  of  transportation  and  the 

lrThis  paragraph  amends  section  3700  of  the  Revised  Statutes,  as  amended  by 
section  1  of  the  act  of  January  27,  1894  (28  Stat.  33),  and  April  21,  1894  (28 
Stat.  62),  and  supersedes  said  amendments. 


438  MILITARY   LAWS  OF    THE  UNITED   STATES. 

interests  of  the  Government  considered ;  but  every  open-market  emer- 
gency purchase  made  in  the  manner  common  among  business  men 
which  exceeds  in  amount  two  hundred  dollars  shall  be  reported  for 
approval  to  the  Secretary  of  War  under  such  regulations  as  he  may 
prescribe.1  Act  of  Mar.  %,  1901  (31  Stat.  905). 

1199.  Same — Period  of  advertising  and  aivard. — That  all  purchases 
of  said  supplies,  except  in  cases  of  emergency,  which  must  be  at  once 
reported  to  the  Secretary  of  War  for  his  approval,  shall  be  made 
by  contract  after  public  notice  of  not  less  than  ten  days  for  small 
amounts  for  immediate  use,  and  of  not  less  than  from  thirty  to  sixty 
days  whenever,  in  the  opinion  of  the  Secretary  of  War,  the  circum- 
stances of  the  case  and  conditions  of  the  service  shall  warrant  such 
extension  of  time.     The  award  in  every  case  shall  be  made  to  the 
lowest  responsible  bidder  for  the  best  and  most  suitable  article,  the 
right  being  reserved  to  reject  any  and  all  bids.     Act  of  July  5,  1884 
(23  Stat.  109). 

1200.  /Same — Open  market  purchases  under  $500. — Hereafter  the 
purchase  of  supplies  and  the  procurement  of  services  for  all  branches 
of  the  Army  service  may  be  made  in  open  market,  in  the  manner 
common  among  business  men,  when  the  aggregate  of  the  amount 
required  does  not  exceed  five  hundred  dollars;  but  every  such  pur- 
chase exceeding  one  hundred  dollars  shall  be  promptly  reported  to 
the  Secretary  of  War  for  approval,  under  such  regulations  as  he  may 
prescribe.2    Act  of  June  12, 1906  (34  Stat.  258}. 

JThis  enactment  replaces  the  acts  of  February  27/1893  (27  Stat.  483),  August 
6,  1894  (28  id.,  233),  March  15,  1898  (30  id.,  322),  and  section  3729  of  the 
Revised  Statutes.  For  regulations  governing  open-market  purchases  see  para- 
graphs 551-554,  Army  Regulations  of  1913. 

It  has  been  held  by  the  Attorney-General  that  "  the  object  of  this  legislation 
is  to  secure  for  the  Government  the  benefit  of  competition  in  obtaining  supplies 
and  to  prevent  favoritism  in  making  the  purchases  thereof.  It  contemplates 
one  general  mode  of  purchase,  namely,  by  contract,  after  advertisement,  with 
'  the  lowest  responsible  bidder  for  the  best  and  most  suitable  article,'  with  but 
a  single  exception,  and  that  is  where  an  '  emergency '  exists  requiring  the  pur- 
chase to  be  otherwise  made.  Such  emergency  may  arise  not  only  before  the 
required  public  notice  can  be  given,  but  after  it  has  once  been  given,  in  con- 
sequence of  the  failure  to  receive  any  bids  or  proposals ;  in  either  case  the  pur- 
chase thereupon  would  be  an  emergency  purchase,  and  come  within  the  require- 
ments of  the  statute  for  an  immediate  report  to  the  Secretary  of  War  for  his 
approval.  This  requirement  is,  I  think,  designed  to  extend  to  all  purchases 
which  are  not  made  agreeably  to  the  general  mode  above  indicated,  and  hence 
it  applies  to  the  purchase  of  parts  of  machinery,  or  parts  of  stoves  or  ranges, 
for  repairs,  or  of  patented  articles,  when  the  same  is  (as  in  cases  of  emergency, 
and  those  only,  it  may  be)  made  in  open  market."  (18  Opin.  Att.  Gen.,  349.) 

'•'Held,  that  the  authority  to  procure  supplies  of  limited  quantity  "  in  the 
manner  common  among  business  men,"  not  only  gives  authority  to  purchase 
without  advertising,  and  also  permits  of  the  purchase  without  a  written  con- 
tract as  required  by  sec.  3744,  R.  S.,  Dig.  Op.  J.  A.  G.  (1912),  p.  309,  E.  4, 
p.  360,  G.  Also  held  that  there  was  nothing  in  the  act  to  justify  construing  the 
words  "  aggregate  of  the  amount  required  "  to  require  that  the  purchase  should 
be  limited  to  any  particular  period  of  time,  as  day,  month,  or  year,  or  shall 
be  limited  to  purchases  made  from  a  single  firm,  etc.  "  The  aggregate  should 
include  all  supplies  which  are  properly  grouped  together  in  a  single  transac- 
tion, and  which  would  be  included  in  a  single  advertisement  for  bids,  if  adver- 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  439 

1201.  Same — In  newspapers. — No  advertisement,  notice,  or  pro- 
posal for  any  Executive  Department  of  the  Government,  or  for  any 
bureau  thereof,  or  for  any  office  therewith  connected,  shall  be  pub- 
lished in  any  newspaper  whatever,  except  in  pursuance  of  a  written 
authority  for  such  publication  from  the  head  of  such  department; 
and  no  bill  for  any  such  advertising,  or  publication,  shall  be  paid, 
unless  there  be  presented,  with  such  bill,  a  copy  of  such  written 
authority.1    Sec.  3828,  R.  S. 

1202.  Same — Rates. — Hereafter  all   advertisements,  notices,  pro- 
posals for  contracts,  and  all  forms  of  advertising  required  by  law 
for  the  several  departments  of  the  Government  may  be  paid  for  at 
a  price  not  to  exceed  the  commercial  rates  charged  to  private  indi- 
viduals,2 with  the  usual  discounts ;  such  rates  to  be  ascertained  from 

tiseinent  were  resorted  to.  Purchases  arising  from  the  same  need  of  the  same 
articles  of  subsistence  stores  should  not  be  made  more  frequently  than  the 
necessities  of  the  service  require,  so  as  to  limit  the  aggregate  in  each  case  to 
$500,  and  supplies  which  are  usually  purchased  together  should  not  be  divided 
simply  for  the  purpose  of  avoiding  advertising  for  the  same.  If  the  character 
of  the  supplies  is  such  that  good  administration  would  require  their  purchase 
'in  quantities  sufficient  to  last  a  month,  purchases  should  not  be  made  weekly 
or  daily  for  the  purpose  of  bringing  the  amount  within  the  limit  authorized 
for  open-market  purchases.  Subject  to  the  above  considerations,  the  matter  is 
one  depending  upon  the  sound  discretion  of  the  purchasing  officer."  (C.  28931, 
Sept.  2,  1911.) 

xThe  requirements  of  section  3828,  Revised  Statutes,  extend  to  all  officers 
connected  with  any  executive  department,  no  matter  where  situated,  and  not 
merely  to  those  at  the  seat  of  Government.  (16  Opin.  Atty.  Gen.,  616.)  They 
are  complied  with  by  the  issue  of  a  general  circular  of  instructions,  and  it  is 
not  necessary  to  file  authority  with  each  particular  bill.  (Comp.  Dec.,  1893-94, 
103;  U.  S.  v.  Odeneal,  10  Fed.  Rep.,  616;  13  Comp.  Dec.,  446.)  The  written 
authority  must  precede  the  publication.  A  subsequent  approval  or  ratification 
will  not  be  sufficient.  (5  Conip.  Dec.,  167;  14  id.,  747.) 

When  advertising  in  connection  with  the  purchase  of  subsistence  supplies  for 
the  Army  is,  by  law,  a  necessary  condition  precedent  to  the  purchase  of  such 
supplies,  and  there  is  no  specific  appropriation  for  such  advertising,  the  cost 
thereof  is  properly  chargeable  to  the  appropriation  "  Subsistence  of  the  Army." 
(3  Dig.  Comp.  Dec.,  23.) 

Under  section  3709  of  the  Revised  Statutes  and  paragraph  1486  of  the  Army 
Regulations  (1881)  the  length  of  time  for  the  publication  of  advertisements 
inviting  proposals  for  furnishing  Army  supplies  was  left  somewhat  to  the  dis- 
cretion of  the  purchasing  officer.  But  the  act  of  July  5,  1884  (23  Stat.  109), 
has  fixed,  in  ail  cases  excepting  emergency  purchases,  the  minimum  period  dur- 
ing which  public  notice  shall  be  given,  authorizing  the  purchase  of  "  small 
amounts  for  immediate  use  "  after  public  notice  of  not  less  than  ten  days,  while 
all  other  purchases  are  required  to  be  made  after  public  notice  of  not  less  than 
thirty  days.  (Id.,  23.) 

Under  the  Army  Regulations,  advertisement  may  be  made  by  handbills ;  but 
when  this  method  is  resorted  to  it  must  be  shown  that  the  handbills  were  cir- 
culated to  such  an  extent  as  to  render  it  probable  that  a  large  number  of  per- 
sons engaged  in  the  business  of  furnishing  the  articles  desired  had  thus  been 
afforded  an  opportunity  to  compete  for  the  contract  which  was  to  be  let.  (Id., 
24.  See  also  3  Comp.  Dec.,  730.) 

The  subject  of  advertising  in  the  War  Department  and  its  several  bureaus 
and  offices,  and  in  the  Military  Establishment  generally,  is  regulated  by  the 
provisions  of  paragraphs  499-509,  Army  Regulations  of  1913. 

2A  disbursing  officer  is  not  authorized  to  pay  bills  for  newspaper  advertising 
when  he  is  satisfied  that  the  price  exceeds  the  commercial  rates  charged  to 
private  individuals,  with  the  usual  discounts,  notwithstanding  the  affidavit  of 
the  proprietor  of  the  newspaper  to  the  contrary.  (1  Comp.  Dec.,  312.) 


440  MILITARY   LAWS   OF    THE   UNITED   STATES. 

sworn  statements  to  be  furnished  by  the  proprietors  or  publishers  of 
the  newspapers  proposing  so  to  advertise:  Provided,  That  all  adver- 
tising in  newspapers  since  the  tenth  day  of  April,  eighteen  hundred 
and  seventy-seven,  shall  be  audited  and  paid  at  like  rates;  but  the 
heads  of  the  several  departments  may  secure  lower  terms  at  special 
rates  whenever  the  public  interest  requires  it.  Act  of  June  20,  1878 
(20  Stat.216). 

1203.  Same — In  District  of  Columbia — Limitations. — All  executive 
proclamations,  and  all  treaties  required  by  law  to  be  published,  shall 
be  published  in  only  one  newspaper,  the  same  to  be  printed  and  pub- 
lished in  the  District  of  Columbia  and  to  be  designated  by  the  Secre- 
tary of  State  and  in  no  case  of  advertisement  for  contracts  for  the 
public  service  shall  the  same  be  published  in  any  newspaper  published 
and  printed  in  the  District  of  Columbia  unless  the  supplies  or  labor 
covered  by  such  advertisement  are  to  be  furnished  or  performed  in 
said  District  of  Columbia.    Act  of  July  31,  1876  (19  Stat.  105). 

1204.  Same — Rates  in  District  of  Columbia. — All  advertising  re- 
quired by  existing  laws  to  be  done  in  the  District  of  Columbia  by 
any  of  the  departments  of  the  Government  shall  be  given  to  one  daily 
and  one  weekly  newspaper  of  each  of  the  two  principal  political 
parties  and  to  one  daily  and  one  weekly  neutral  newspaper:   Pro- 
vided, That  the  rates  of  compensation  for  such  service  shall  in  no 
case  exceed  the  regular  commercial  rate  of  the  newspapers  selected; 
nor  shall  any  advertisement  be  paid  for  unless  published  in  accord- 
ance with  section  thirty-eight  hundred  and  twenty-eight  of  the  Re- 
vised Statutes.    Act  of  Jan.  21, 1881  (21  Stat.  317). 

1205.  Same — On  Pacific  coast. — The  Quartermaster's  Department 
of  the  Army,  in  obtaining  supplies  for  the  military  service,  shall  state 
in  all  advertisements  for  bids  for  contracts  that  a  preference  shall  be 
given  to  articles  of  domestic  production  and  manufacture,  conditions 
of  price  and  quality  being  equal,  and  that  such  preference  shall  be 
given  to  articles  of  American  production  and  manufacture  produced 
on  the  Pacific  coast,  to  the  extent  of  the  consumption  required  by 
the  public  service  there.     In  advertising  for  Army   supplies  the 
Quartermaster's  Department  shall  require  all  articles  which  are  to 
be  used  in  the  States  and  Territories  of  the  Pacific  coast  to  be  deliv- 
ered and  inspected  at  points  designated  in  those  States  and  Territo- 
ries; and  the  advertisements  for  such  supplies  shall  be  published  in 
newspapers  of  the  cities  of  San  Francisco,  in  California,  and  Port- 
land, in  Oregon.    See  3716,  R.  S. 


1206.  Secretary  of  War  to  prescribe  rules,  etc. — The  Secretary  of 
War  is  hereby  authorized  to  prescribe  rules  and  regulations  to  be 
observed  in  the  preparation  and  submission  and  opening  of  bids  for 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  441 

contracts  under  the  War  Department.1    Act  of  Apr.  10 ',  1878  (20 
Stat.  36). 

1207.  Bidders'1  bonds. — He  may  require  every  bid  to  be  accom- 
panied by  a  written  guaranty,  signed  by  one  or  more  responsible 
persons,  to  the  effect  that  he  or  they  undertake  that  the  bidder,  if 
his  bid  is  accepted,  will,  at  such  time  as  may  be  prescribed  by  the 
Secretary  of  War  or  the  officer  authorized  to  make  a  contract  in  the 
premises,  give  bond,  with  good  and  sufficient  sureties,  to  furnish  the 
supplies  proposed  or  to  perform  the  service  required.     If  after  the 
acceptance  of  a  bid  and  a  notification  thereof  to  the  bidder  he  fails 
within  the  time  prescribed  by  the  Secretary  of  War  or  other  duly 
authorized  officer  to  enter  into  a  contract  and  furnish  a  bond  with 
good  and  sufficient  security  for  the  proper  fulfillment  of  its  terms,  the 
Secretary  or  other  authorized  officer  shall  proceed  to  contract  with 
some  other  person  to  furnish  the  supplies  or  perform  the  service 
required,  and  shall  forthwith  cause  the  difference  between  the  amount 
specified  by  the  bidder  in  default  in  the  proposal  and  the  amount  for 
which  he  may  have  contracted  with  another  party  to  furnish  the  sup- 
plies or  perform  the  service  for  the  whole  period  of  the  proposal  to 
be  charged  up  against  the  bidder  and  his  guarantor  or  guarantors, 
and  the  sum  may  be  immediately  recovered  by  the  United  States  for 
the  use  of  the  War  Department  in  an  action  of  debt  against  either 
or  all  of  such  persons.2    Act  of  Mar.  3, 1883  (22  Stat.  488). 

1208.  Opening  bids. — Whenever  proposals  for  supplies  have  been 
solicited,  the  parties  responding  to  such  solicitations  shall  be  duly 
notified  of  the  time  and  place  of  opening  the  bids,  and  be  permitted 
to  be  present  either  in  person  or  by  attorney,  and  a  record  of  each 
bid  shall  then  and  there  be  made.    Sec.  3710,  R.  S. 

1209.  Separate  proposals  and  contracts. — Whenever  the  Secretary 
of  War  invites  proposals  for  any  works,  or  for  any  material  or  labor 
for   works,   there   shall   be   separate   proposals   and   separate   con- 
tracts for  each  work,  and  also  for  each  class  of  material  or  labor  for 
each  work.    Sec.  3717,  R.  S. 

1210.  River  and  Harbor  improvements  in  same  region. — Nothing 
contained  in  section  thirty-seven  hundred  and  seventeen  of  the  Re- 
vised Statutes  of  the  United  States,  nor  in  section  three  of  the  river 
and  harbor  act  of  August  eleventh,  eighteen  hundred  and  eighty- 
eight,  shall  be  so  construed  as  to  prohibit  or  prevent  the  cumulation 
of  two  or  more  works  of  river  and  harbor  improvement  in  the  same 
proposal  and  contract  where  such  works  are  situated  in  the  same 
region  and  of  the  same  kind  or  character.    Sec.  2,  Act  of  Sept.  19, 
1890  (26  Stat.  458). 

1  For  regulations  prepared  by  the  Secretary  of  War  under  the  authority  con- 
ferred by  this  statute,  see  paragraphs  522-549  Army  Regulations  of  1913. 

55  For  requirements  of  regulations  in  respect  to  guaranties  or  certified  checks 
in  support  of  bids  and  proposals,  see  paragraphs  535-537,  Army  Regulations  of 
1913 ;  and  for  terms  of  guaranty  and  decisions  and  opinions  regarding  same,  see 
Dig.  Opin.  J.  A.  G.  (1912),  notes  on  pages  335  and  336. 


442                        MILITAKY   LAWS   OF    THE   UNITED   STATES. 
WRITTEN    CONTRACTS1 RETURNS   OFFICE. 

1211.  Formal  written  contracts — Returns  office. — It  shall  be  the 
duty  of  the  Secretary  of  War,  of  the  Secretary  of  the  Navy,  and  of 
the  Secretary  of  the  Interior,  to  cause  and  require  every  contract 
made  by  them  severally  on  behalf  of  the  Government,  or  by  their 
officers  under  them  appointed  to  make  such  contracts,  to  be  reduced 
to  writing,  and  signed  by  the  contracting  parties  with  their  names 
at  the  end  thereof ; 2  a  copy  of  which  shall  be  filed  by  the  officer 

1  For  instructions  respecting  the  preparation  and  execution  of  contracts,  see 
paragraphs  555-5G5,  Army  Regulations  of  1913. 

3  It  may  be  considered  as  settled  that  so  much  of  section  3744  as  provides 
that  all  contracts  shall  "  be  reduced  to  writing  and  signed  by  the  contracting 
parties  with  their  names  at  the  end  thereof  "  is  mandatory,  and  contracts  which 
do  not  comply  with  its  requirements  are  void.  In  looking  at  the  scope  and  pur- 
pose of  this  law  and  at  the  words  in  which  it  is  couched,  I  can  not  doubt  of 
the  intention  of  Congress  in  its  enactment.  To  my  mind  it  is  clear  that  it  was 
designed  to  require  every  executory  contract,  at  least,  to  be  put  in  writing,  so 
that  its  terms  might  not  be  mistaken  and  that  the  character  and  extent  of  the 
outstanding  engagements  of  the  United  States  might  at  all  times  be  known  to 
the  executive  and  legislative  departments,  or  be  capable  of  being  ascertained 
in  a  reasonable  time  and  with  appropriate  exactitude.  (Henderson  v.  U.  S., 

4  Ct.  Cls.,  75,  83.)     There  is  no  class  of  cases  in  which  a  statute  for  preventing 
frauds  and  perjuries  is  more  needed  than  in  this.     And  we  think  that  the 
statute  in  question  was  intended  to  operate  as  such.    It  makes  it  unlawful  for 
contracting  officers  to  make  contracts  in  any  other  way  than  by  writing  signed 
by  the  parties.     This  is  equivalent  to  prohibiting  any  other  mode  of  making 
contracts.     (Clark  v.  U.  S.,  95  U.  S.,  539,  542;  South  Boston  Iron  Co.  v.  U.  S.,  18 
Ct.  Cls.,  165,  176;  U.  S.  v.  Lament,  2  D.  C.  App.,  532.)     The  provisions  of  this 
section  apply  to  contracts  made  in  emergencies.     (Cobb  et  al.  v.  U.  S.,  18  Ct.  Cls., 
514,  532 ;  Clark  v.  U.  S.,  95  U.  S.,  539.)     Offers  and  acceptances  by  letter  are  pre- 
liminary memoranda  only  and  do  not  constitute  a  valid  contract  within  the 
meaning  of  the  statute.     (South  Boston  Iron  Co.  v.  U.  S.,  118  U.  S.,  37,  42.) 
Where,  however,  a  parol  contract  has  been  partly  executed,  the  party  perform- 
ing will  be  entitled  to  recover  the  fair  value  of  his  property  or  services  as 
upon  an  implied  contract  for  a  quantum  meruit.     (Clark  v.  U.  S.,  95  U.  S.,  539.) 
See  also  Warren  &  Goss  v.  U.  S.,  23  Ct.  Cls.,  77;   South  Boston  Iron  Co.  v. 
U.  S.,  18  id.,  165,  and  118  U.  S.,  37 ;  Clark  v.  U.  S.,  95  U.  S.,  543 ;  The  Interna- 
tional contracting  Co.  v.  Lament,  2  Ct.  App.  D.  C.,  532.     See  also  Lindsley  v. 
U.  S.,  4  Ct.  Cls.,  359;  Burchiel  v.  U.  S.,  4  Ct.  Cls.,  549;  Bernheimer  v.  U.  S., 

5  Ct.  Cls.,  65.)     The  formal  execution  of  contracts  for  Government  work,  as  a 
prerequisite  for  their  legality  and  binding  effect,  after  the  acceptance  of  pro- 
posals, as  required  by  section  3744,  -Revised  Statutes,  was  not  dispensed  with 
by  the  acts  of  March  23,  1883  (22  3tat.  488),  and  section  3  of  the  act  of  August 
11,  1888  (25  Stat.  400,  423).    U.  S.  v.  Lament,  2  D.  C.  App.,  532. 

In  St.  Louis  Hay  &  Grain  Co.  v.  United  States  (191  U.  S.,  163)  it  was  held 
that  after  performance  of  a  contract  not  meeting  the  requirement  of  the  stat- 
ute recovery  may  be  had  for  the  amount  agreed  upon,  notwithstanding  the  fact 
that  the  instrument  itself  was  void  as  an  executory  contract.  In  the  opinion 
of  the  court  it  was  said : 

"  The  invalidity  of  the  contract  is  immaterial  after  it  has  been  performed. 
When  a  lawful  transfer  of  property  is  executed,  it  does  not  matter  whether 
the  terms  of  the  execution  were  void  or  valid  while  executory,  the  transfer 
can  not  be  revoked  or  the  terms  changed.  A  promise  to  make  a  gift  does  not 
bind,  but  a  gift  can  not  be  taken  back,  and  a  transfer  in  pursuance  of  mutual 
promise  is  not  made  less  effectual  by  those  promises  or  by  the  fact  that  money 
was  received  in  exchange.  The  contract  may  be  void  as  such,  but  it  expresses 
the  terms  on  which  the  parties,  respectively,  paid  their  money  and  delivered 
their  goods." 

(See,  to  the  same  effect,  U.  S.  v.  Andrews,  207  U.  S.,  229;  14th  Comp.  Dec., 
594.)  See  also,  15th  idem,  pages  65  and  89,  where  it  was  held  on  the  authority 
of  the  decision  of  the  Supreme  Court  that  when  informal  contracts  by  proposal 


MILITARY   LAWS   OF   THE   UNITED   STATES.  443 

making  and  signing  the  contract  in  the  Returns  Office  of  the  De- 
partment of  the  Interior,  as  soon  after  the  contract  is  made  as 
possible,  and  within  thirty  days,  together  with  all  bids,  offers,  and 
proposals  to  him  made  by  persons  to  obtain  the  same,  and  with  a 
copy  of  any  advertisement  he  may  have  published  inviting  bids, 
offers,  or  proposals  for  the  same.  All  the  copies  and  papers  in  rela- 
tion to  each  contract  shall  be  attached  together  by  a  ribbon  and  seal, 
and  marked  by  numbers  in  regular  order,  according  to  the  number 
of  papers  composing  the  whole  return.1  Sec.  37 M,  R.  S. 

1212.  Oath  to  return. — It  shall  be  the  further  duty  of  the  officer, 
before  making  his  return,  according  to  the  preceding  section,  to  affix 
to  the  same  his  affidavit  in  the  following  form,  sworn  to  before  some 
magistrate  having  authority  to  ^administer  oaths : 2  "I  do  solemnly 
swear   (or  affirm)   that  the  copy  of  contract  hereto  annexed  is  an 
exact  copy  of  a  contract  made  by  me  personally  with  -        — ;  that  I 
made  the  same  fairly  without  any  benefit  or  advantage  to  myself,  or 

allowing  any  such  benefit  or  advantage  corruptly  to  the  said , 

or  any  other  person:  and  that  the  papers  accompanying  include  all 
those  relating  to  the  said  contract,  as  required  by  the  statute  in  such 
case  made  and  provided."    Sec.  3745,  R.  S. 

1213.  Penalty  for  omitting  return. — Every  officer  who  makes  any 
contract,  and  fails  or  neglects  to  make  return  of  the  same,  according 

and  acceptance  have  been  executed  with  the  exception  that  the  price  has  not 
been  paid,  the  contractor  is  entitled  to  be  paid  the  full  contract  price  although 
the  price  be  in  excess  of  the  current  price  at  the  time  and  place  of  delivery. 

If  there  is  an  exigency  or  emergency  requiring  immediate  delivery  of  prop- 
erty or  immediate  rendition  of  services  a  written  contract  is  not  necessary. 
(9  Comp.  Dec.,  460;  15  Comp.  Dec.,  65;  36  Ct.  Cls.,  105;  42  Ct  Cls.,  351;  par. 
550,  A.  R.  1913.)  See  also  Ceballos  v.  U.  S.  (42  Ct.  Cls.,  318),  as  to  emergency 
contracts  in  time  of  war. 

The  time  fixed  in  an  existing  written  contract  for  the  completion  of  the  same 
may  be  orally  waived — that  is,  extended  indefinitely — and  the  written  contract 
will  continue  in  force,  with  a  reasonable  time  for  performance.  (8  Comp.  Dec., 
104.)  But  if  it  is  desired  to  extend  the  time  to  a  specific  date,  section  3744, 
Revised  Statutes,  applies,  and  the  extension  should  be  accomplished  by  a  formal 
written  contract.  (8  Comp.  Dec.,  104.) 

A  written  contract  is  not  necessary  in  expending  the  sum  of  $50,000,000  ap- 
propriated in  1898  (30  Stat.  273)  for  national  defense,  which  was  "to  be  ex- 
pended at  the  discretion  of  the  President."  (9  Comp.  Dec.,  457.) 

The  act  of  June  25,  1910  (36  Stat.  676),  provides  that  "the  requirements  of 
section  thirty-seven  hundred  and  forty-four  of  the  Revised  Statutes  shall  not 
apply  to  the  lease  of  lands,  or  easements  therein,  or  of  buildings,  rooms, 
wharves,  or  rights  of  wharfage  or  dockage,  or  to  the  hire  of  vessels,  boats,  and 
other  floating  craft,  for  use  in  connection  with  river  and  harbor  improvements, 
where  the  period  of  any  such  lease  or  hire  is  not  to  exceed  three  months." 

1  It  is  proper  to  remark  that  in  the  event  of  a  suit  being  instituted  against  a 
principal  or  surety  on  a  contract  of  the  United  States,  the  copy  of  the  contract 
riled  in  the  Returns  Office  would  have  no  evidential  value,  and  a  copy  of  the 
original  filed  in  the  office  of  the  Comptroller  of  the  Treasury  under  the  provi- 
sions of  section  3743,  Revised  Statutes,  paragraph  1216,  supra,  would  have  to  be 
produced  subject  to  the  authentication  required  in  section  886  of  the  Revised 
Statutes. 

a  This  oath  may  be  taken  before  an  officer  authorized  to  administer  oaths  for 
"  purposes  of  military  administration,"  etc.,  by  act  of  July  27,  1892  (27  Stat. 
278).  (Dig.  Opin.  J.  A.  G.  (1912),  p.  361.) 


444  MILITARY   LAWS   OF    THE   UNITED   STATES. 

to  the  provisions  of  the  two  preceding  sections,  unless  from  unavoid- 
able accident  or  causes  not  within  his  control,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  fined  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred,  and  imprisoned  not  more  than  six 
months.  Sec.  3746,  R.  S. 

1214.  Instructions  regarding  return. — It  shall  be  the  duty  of  the 
Secretary  of  War,  of  the  Secretary  of  the  Navy,  and  of  the  Secretary 
of  the  Interior  to  furnish  every  officer  appointed  by  them  with  au- 
thority to  make  contracts  on  behalf  of  the  Government  with  a  printed 
letter  of  instructions,  setting  forth  the  duties  of  such  officer  under 
the  two  preceding  sections,  and  also  to  furnish  therewith  forms, 
printed  in  blank,  of  contracts  to  be  made,  and  the  affidavit  of  returns 
required  to  be  affixed  thereto,  so  that  all  the  instruments  may  be  as 
nearly  uniform  as  possible.1    Sec.  3747,  R-  S. 

1215.  Stipulation  that  no  member  of  Congress  has  interest. — In 
every  such  contract  or  agreement  to  be  made  or  entered  into,  or  ac- 
cepted by  or  on  behalf  of  the  United  States,  there  shall  be  inserted 
an  express  condition  that  no  member  of,  [or  Delegate  to,]  Congress 
[or  Resident  Commissioner]  shall  be  admitted  to  any  share  or  part  of 
such  contract  or  agreement,  or  to  any  benefit  to  arise  thereupon.2 
Sec.  3741,  R.  S. 

1216.  Contracts  to  ~be  -filed  with  auditors. — All  contracts  to  be  made, 
by  virtue  of  any  law,  and  requiring  the  advance  of  money,  or  in  any 
manner  connected  with  the  settlement  of  public  accounts,  shall  be 
deposited  promptly  in  the  offices  of  the  Auditors  of  the  Treasury,  ac- 
cording to  the  nature  of  the  contracts:  Provided,  That  this  section 
shall  not  apply  to  the  existing  laws  in  regard  to  the  contingent  funds 
of  Congress.3    Sec.  3743,  R.  S.,  as  amended  ~by  Act  of  July  31,  1894 
(28  Stat.  210). 

BONDS  TO  SECURE  PAYMENT  FOR  LABOR  AND  MATERIALS. 

1217.  Same. — Hereafter   any  person  or  persons  entering  into   a 
formal  contract  with  the  United  States  for  the  construction  of  any 
public  building,  or  the  prosecution  and  completion  of  any  public 
work,  or  for  repairs  upon  any  public  building  or  public  work,  shall 

1  For  requirements  of  regulations  in  respect  to  the  furnishing  of  contracts,  and 
papers  pertaining  thereto,  to  the  Returns  Office  of  the  Interior  Department,  see 
pars.  555-565.  A.  R.,  191.3. 

"See  sec.  114,  U.  S.  Criminal  Code  (35  Stat.  1109). 

*  All  formal  written  contracts  connected  with  the  settlement  of  public  accounts 
should  be  placed,  and  should  remain,  on  file  in  the  offices  designated  by  law  as 
their  proper  depositories.  (3  Dig.  2d  Corup.  Dec.,  112.) 

This  statutory  requirement  includes  not  only  all  formal  written  contracts  or 
specialties  in  any  manner  connected  with  the  settlement  of  accounts,  but  also  all 
properly  authorized  extensions  or  other  modifications  of  such  contracts,  every 
modification  of  a  contract  being  in  the  nature  of  a  new  contract  and  connected 
with  the  settlement  of  accounts.  (Id.,  112.) 

Only  formal  written  contracts  are  required  under  section  3743  of  the  Revised 
Statutes  as  amended  to  be  filed.  Informal  contracts  and  the  papers  pertaining 


MILITARY   LAWS   OF   THE   UNITED   STATES.  445 

be  required,  before  commencing  such  work,  to  execute  the  usual 
penal  bond,  with  good  and  sufficient  sureties,  with  the  additional 
obligation  that  such  contractor  or  contractors  shall  promptly  make 
payments  to  all  persons  supplying  him  or  them  with  labor  and 
materials  in  the  prosecution  of  the  work  provided  for  in  such  con- 
tract; and  any  person,  company,  or  corporation  who  has  furnished 
labor  or  materials  used  in  the  construction  or  repair  of  any  public 
building  or  public  work,  and  payment  for  which  has  not  been  made, 
shall  have  the  right  to  intervene  and  be  made  a  party  to  any  action 
instituted  by  the  United  States  on  the  bond  of  the  contractor,  and  to 
have  their  rights  and  claims  adjudicated  in  such  action  and  judgment 
rendered  thereon,  subject,  however,  to  the  priority  of  the  claim  and 
judgment  of  the  United  States.*  If  the  full  amount  of  the  liability 
of  the  surety  on  said  bond  is  insufficient  to  pay  the. full  amount  of 
said  claims  and  demands,  then,  after  paying  the  full  amount  due 
the  United  States,  the  remainder  shall  be  distributed  pro  rata  among 
said  interveners.  If  no  suit  should  be  brought  by  the  United  States 
within  six  months  from  the  completion  and  final  settlement  of  said 
contract,  then  the  person  or  persons  supplying  the  contractor  with 
labor  and  materials  shall,  upon  application  therefor,  and  furnishing 
affidavit  to  the  Department  under  the  direction  of  which  said  work 
has  been  prosecuted  that  labor  or  materials  for  the  prosecution  of 
such  work  has  been  supplied  by  him  or  them,  and  payment  for  which 
has  not  been  made,  be  furnished  with  a  certified  copy  of  said  con- 
tract and  bond,  upon  which  he  or  they  shall  have  a  right  of  action, 
and  shall  be,  and  are  hereby,  authorized  to  bring  suit  in  the  name 
of  the  United  States  in  the  circuit  court  of  the  United  States  in  the 
district  in  which  said  contract  was  to  be  performed  and  executed, 
irrespective  of  the  amount  in  controversy  in  such  suit,  and  not  else- 
where, for  his  or  their  use  and  benefit,  against  said  contractor  and 
his  sureties,  and  to  prosecute  the  same  to  final  judgment  and  execu- 
tion :  Provided,  That  where  suit  is  instituted  by  any  of  such  creditors 
on  the  bond  of  the  contractor  it  shall  not  be  commenced  until  after 
the  complete  performance  of  said  contract  and  final  settlement 
thereof,  and  shall  be  commenced  within  one  year  after  the  perform- 
ance and  final  settlement  of  said  contract,  and  not  later:  And  pro- 

thereto  should  be  filed  with  the  accounts  or  vouchers  to  which  they  relate  in 
order  to  facilitate  the  examination  and  revision  of  accounts  and  vouchers. 
(Id.,  109.) 

A  separate  notification  is  required  in  each  case  of  extension  of  a  contract,  so 
that  it  can  be  filed,  with  the  contract  to  which  it  pertains.  Otherwise  notifica- 
tions of  extensions  of  contracts  will  fail  of  the  purpose  contemplated  in  section 
3743  of  the  Revised  Statutes.  (Id.,  112.) 

Formal  written  contracts  made  and  filed  in  the  proper  office  in  pursuance  of 
law  must  be  regarded  as  necessary  in  the  settlement  of  public  accounts  or 
claims,  and  therefore  can  not  properly  be  returned  either  for  cancellation  or 
amendment.  (Id.) 

See  paragraphs  569-5S1,  A.  R.  of  1913,  for  provisions  relating  to  contractor's 
bonds.  Also  Dig.  Opiu.  J.  A.  G.  (1912),  pp.  205,  206,  and  212-215. 


446  MILITARY  LAWS  OF   THE   UNITED   STATES. 

vided  further.  That  where  suit  is  so  instituted  by  a  creditor  or  by 
creditors,  only  one  action  shall  be  brought,  and  any  creditor  may  file 
his  claim  in  such  action  and  be  made  party  thereto  within  one  year 
from  the  completion  of  the  work  under  said  contract,  and  not  later. 
If  the  recovery  on  the  bond  should  be  inadequate  to  pay  the  amounts 
found  due  to  all  of  said  creditors,  judgment  shall  be  given  to  each 
creditor  pro  rata  of  the  amount  of  the  recovery.  The  surety  on 
said  bond  may  pay  into  court,  for  distribution  among  said  claimants 
and  creditors,  the  full  amount  of  the  sureties'  liability,  to  wit,  the 
penalty  named  in  the  bond,  less  any  amount  which  said  surety  may 
have  had  to  pay  to  the  United  States  by  reason  of  the  execution  of 
said  bond,  and  upon  so  doing  the  surety  will  be  relieved  from  fur- 
ther liability:  Provided  further,  That  in  all  suits  instituted  under 
the  provisions  of  this  Act  such  personal  notice  of  the  pendency  of 
such  suits,  informing  them  of  their  right  to  intervene  as  the  court 
may  order,  shall  be  given  to  all  known  creditors,  and  in  addition 
thereto  notice  of  publication  in  some  newspaper  of  general  circula- 
tion, published  in  the  State  or  town  where  the  contract  is  being  per- 
formed, for  at  least  three  successive  weeks,  the  last  publication  to  be 
at  least  three  months  before  the  time  limited  therefor.1  Act  of 
Aug.  13,  1894  (®8  Stat.  278),  as  amended  ~by  Act  of  Feb.  &£,  1905 
(33  Stat.812). 

xl.  This  paragraph  supersedes  the  act  of  August  13,  1894  (28  Stat.  278).  The 
bond  which  is  provided  for  by  the  original  statute  was  held  to  be  "  intended  to 
perform  a  double  function :  In  the  first  place,  to  secure  to  the  Government,  as 
before,  the  faithful  performance  of  all  obligations  which  the  contractor  might 
assume  toward  it ;  and  in  the  second  place  to  protect  third  persons  from  whom 
the  contractor  obtained  materials  or  labor."  (U.  S.  v.  National  Surety  Co.,  92 
Fed.  Rep.,  549;  U.  S.  v.  Bundle,  100  Fed.  Rep.,  400.)  The  statute  does  not 
create  an  additional  obligation  on  the  part  of  the  United  States  toward  the 
surety  in  the  nature  of  an  equitable  lien  or  other  right.  The  United  States  has 
no  right  to  withhold  any  funds  due  a  contractor  for  the  purpose  of  indemnify- 
ing the  surety  for  monies  paid  out  by  him  to  material  men  and  laborers.  (3 
Comp.  Dec.,  708;  15  id.,  711  ;  16  id.,  426.) 

Held  by  the  Attorney  General  (23  Opin.,  174)  that  the  act  does  not  refer  to 
contracts  for  the  construction  of  a  naval  vessel,  where  the  whole  title  remains 
in  the  contractor  until  its  completion  and  acceptance  ~by  the  Government.  (See 
also  26  Opin.  Atty.  Gen.,  30.)  Where,  however,  the  contract  for  the  construction 
of  a  vessel  provides  for  the  title  to  pass  as  payments  are  made  the  act  applies. 
(Title  Guaranty  &  Trust  Co.  v.  Crane  Co.,  219  U.  S.,  24.  See  also  U.  S.  v. 
Ansonia  Brass  &  Copper  Co.,  218  U.  S.,  452.) 

2.  The  statute  protects  persons  furnishing  labor  and  materials  to  subcon- 
tractors as  well  as  to  the  original  contractor.     (U.  S.  v.  American  Surety  Co., 
200  U.  S.,  197.)     But  it  does  not  include  the  claims  of  a  railroad  company  for 
freight  due  on  materials  which  are  loaded  and  unloaded  by  the  contractor, 
such  charges  being  neither  labor  nor  materials  within  the  meaning  and  pur- 
pose of  the  act.     (U.  S.  v.  Hyatt,  92  Fed  Rep.,  442.)     Nor  does  it  include  the 
purchase  or  repair  of  the  contractor's  plant.     (U.  S.  v.  Morgan,  111  id.,  474.) 
A  Government  contractor  for  public  work,  who  has  given  a  bond  conditioned 
that  he  will  "  make  full  payment  to  all  persons  supplying  him  with  labor  and 
materials  "  is  not  liable  thereunder  for  wages  due  from  a  subcontractor  who 
has  supplied  him  with  materials  when  he  paid  such  contractor  in  full  therefor. 
(U.  S.  v.  Farley  et  al.,  91  id.,  474.) 

3.  The  bond  provided  for  by  the  statute  is  regarded  as  in  effect  two  obliga- 
tions, one  to  the  United  States  to  secure  the  due  performance  of  the  contract ; 


MILITARY   LAWS   OF   THE   UNITED   STATES.  447 

THE    EIGHT-HOUR    LAW. 

1218.  Eight  hours  to  be  a  day  s  work. — Eight  hours  shall  constitute 
a  day's  work  for  all  laborers,  workmen,  and  mechanics  who  may  be 
employed  by  or  on  behalf  of  the  United  States.1     Sec.  3738  R.  8. 

1219.  Same — Contractors    on   public   works — Emergencies. — That 
the  service  and  employment  of  all  laborers  and  mechanics 2  who  are 
now  or  may  hereafter  be  employed  by  the  Government  of  the  United 
States,  by  the  District  of  Columbia,  or  by  any  contractor  or  sub- 

and  the  other  to  the  United  States,  but  in  behalf  of  labor  and  material  men, 
to  secure  their  payment;  and  the  obligation  for  the  benefit  of  the  labor  and 
material  men  is  not  released  by  the  action  of  the  contractor  and  the  United 
States  in  modifying  the  contract  without  the  surety's  assent.  (See  Conn  v 
State,  125  Ind.,  514;  46  Nebr.,  644;  41.^.,  655;  40  Minn.,  27;  U.  S.  v.  Rundle, 
100  Fed.  Rep.,  400 ;  U.  S.  v.  National  Surety  Co.,  92  id.,  549 ;  U.  S.  v.  American 
Bonding  Co.,  89  id.,  921;  U.  S.  Fidelity,  etc..  Co.  v.  Golden  Pressed  Brick  Co., 
191  U.  S.,  416.  See  also  Dig.  Opin.  J.  A.  G.  (1912),  pp.  370,  371.) 

Congress  has  power  to  regulate  the  hours  of  labor  which  may  be  required 
or  permitted  on  public  works  of  the  United  States,  though  such  work  may  be 
carried  on  within  the  territorial  jurisdiction  of  a  State.  (U.  S.  v.  San  Francisco 
Bridge  Co.,  88  Fed.  Rep.,  891.)  The  eight-hour  law  does  not  establish  an  in- 
flexible rule  for  the  payment  of  wages.  Its  intent  is  not  to  increase  wages, 
but  to  elevate  the  condition  of  laboring  men  by  diminishing  their  hours  of 
labor.  (Averill  v.  U.  S.,  14  Ct.  Cls.,  200.)  To  elevate  the  condition  of  laboring 
men  by  diminishing  their  hours  of  labor  is  not  the  only  object  of  the  law.  It 
is  strongly  contended  that  an  eight-hour  day  inures  to  the  advantage  of  the  em- 
ployer, as  the  superior  workmanship  of  the  eight-hour  day  more  than  com- 
pensates for  the  shorter  day.  Both  views  should  be  taken  into  consideration 
in  questions  involving  construction  of  the  eight-hour  statutes. 

The  original  statute  on  this  subject — the  act  of  June  25,  1868,  incorporated 
in  section  3738  Revised  Statutes,  merely  provided  that  eight  hours  should 
"  constitute  a  day's  work  "  for  laborers,  etc.,  employed  by  the  United  States. 
It  was  held  by  the  Supreme  Court  (U.  S.  v.  Martin,  94  U.  S.,  400,  Oct.,  1876) 
that  this  enactment  was  merely  "  a  direction  by  the  Government  to  its  agents  " 
not  "  a  contract  between  the  Government  and  its  laborers,  that  eight  hours 
shall  constitute  a  day's  work,"  and  that  it  did  not  prevent  the  Government  from 
making  agreements  with  them  by  which  their  labor  may  be  more  (or  less) 
than  eight  hours  a  day.  The  act  thus  failed  of  its  apparent  object.  To  cure 
this  defect  the  act  of  August  1,  1892,  was  passed.  And  to  extend  the  law  gen- 
erally to  public  contracts  the  act  of  June  19,  1912,  was  passed. 

2  What  constitutes  a  laborer  or  mechanic  within  the  meaning  of  the  statute 
must  be  determined  by  the  facts  arising  in  any  particular  case.  Inquiry  having 
been  made  of  the  War  Department  by  certain  contractors  whether  the  men 
employed  on  dredges,  scows,  and  tugs  on  Lake  Erie,  under  contracts  with  the 
United  States,  were  not  to  be  regarded  as  excepted  from  the  application  of 
the  act  of  1892,  held  that  it  was  not  the  duty  or  province  of  this  department 
to  determine  such  questions,  but  the  same  were  for  the  courts  to  decide,  on  trials 
under  the  second  section  of  the  act,  of  persons  charged  with  violations  of  its 
provisions.  Neither  this  or  other  departments  of  the  Government  can  lay  down 
rules  or  make  constructions  of  the  law  for  contractors  which  would  effectually 
protect  them  were  they  brought  to  trial.  (Dig.  Op.  J.  A.  G.,  IV.,  591.)  In  reply 
to  a  communication  from  the  Secretary  of  War,  August  29,  1892,  the  Attorney 
General,  whose  opinion  had  been  asked  with  regard  to  the  application  in  general 
of  the  eight-hour  law  to  the  construction  of  levees  in  the  Mississippi  River, 
declined  to  give  an  official  opinion  with  a  view  to  the  guidance  of  persons  who 
may  propose  to  enter  in  contract  relations  with  the  United  States  in  absence  of 
a  specific  case  requiring  the  action  of  the  Secretary.  (20  Opin.  Atty.  Gen.,  465.) 

Held,  that  the  term  "  laborer,"  as  used  in  the  act  of  1892,  was  apparently 
intended  in  a  comprehensive  sense,  and  that  to  declare  certain  classes  of  em- 
ployment as  "  peculiar,"  and  therefore  excepted  from  the  operation  of  the 
act,  would  be  a  restriction  not  warranted  by  the  language  of  the  statute.  Thus 
a  proposed  regulation  excepting  "  watchmen,  messengers,  teamsters,  engineers, 


448  MILITARY  LAWS  OF   THE  UNITED  STATES. 

contractor  upon  any  of  the  public  works 1  of  the  United  States  or  of 
the  said  District  of  Columbia,  is  hereby  limited  and  restricted  to 
eight  hours  in  any  one  calendar  day,  and  it  shall  be  unlawful  for 
any  officer  of  the  United  States  Government  or  of  the  District  of 
Columbia  or  any  such  contractor  or  subcontractor  whose  duty  it  shall 
be  to  employ,  direct,  or  control  the  services  of  such  laborers  or  me- 
chanics to  require  or  permit  any  such  laborer  or  mechanic  to  work 

firemen,  seamen,"  and  some  others,  was  not  included  in  the  description  "  labor- 
ers and  mechanics"  not  recommended  to  be  adopted.  (Dig.  Op.  J.  A.  G.,  381, 
par.  4,  Ed.  1895.)  In  replying  to  a  communication  from  the  Secretary  of  War, 
August  27,  1892,  the  Attorney  General,  whose  opinion  had  been  asked  as  to 
whether  the  term  "  laborers  and  mechanics  "  in  the  statute  included  teamsters, 
watchmen,  engineers,  and  firemen  employed  in  the  public  service  of  the  War 
Department,  and  all  engineers,  firemen,  deckhands,  mates,  and  seamen  on 
Government  vessels,  replied  that  as  to  particular  employees  the  answer  de- 
pended upon  matters  of  fact  not  stated  and  not  within  his  cognizance.  If 
the  employees  named  are  ordinary  laborers  or  mechanics,  working  for  the 
Government  for  wages  under  ordinary  conditions,  the  statute  would  seem  to 
apply.  At  the  same  time  it  is  quite  apparent  that,  as  to  some  of  them,  it 
might  frequently  happen  that  they  would  be  within  the  emergency  exception 
named  in  the  statute,  and  as  to  others,  as,  for  instance,  sailors  or  others 
on  shipboard,  or  teamsters,  their  employment  being  peculiar,  they  might  well 
be  held  to  be,  as  a  matter  of  fact,  neither  laborers  nor  mechanics  within  the 
meaning  of  this  law.  (20  Op.  Atty.  Gen.,  463.)  Under  the  order  of  the 
President  of  September  11,  1907,  directing  that  all  persons  employed  as  watch- 
men, lock  tenders,  lock  employees,  etc.  (see  par.  731,  A.  R.,  1913),  shall  "be 
considered  as  covered  by  the  eight-hour  law,  and  that  exceptions  only  be  made 
by  the  Secretary  himself  on  the  case  being  reported  to  him,"  held  that  excep- 
tions were  only  intended  to  be  made  in  case  of  emergency  or  where,  owing  to 
the  nature  of  the  duties  of  the  particular  employee,  he  should  not  be  regarded 
as  within  the  President's  order  or  as  a  laborer  or  mechanic  within  the  mean- 
ing of  the  law.  (Dig.  Op.  J.  A.  G.,  V.,  592.)  In  Ellis  v.  United  States  (206 
U.  S.,  260),  in  passing  upon  the  question  whether  persons  employed  on  dredges 
and  scows  in  dredging  a  channel  in  a  harbor  were  laborers  or  mechanics  the 
court  states :  "As  in  other  cases  where  a  broad  distinction  is  admitted,  it  ulti- 
mately becomes  necessary  to  draw  a  line,  and  the  determination  of  the  precise 
place  of  that  line  in  nice  cases  always  seems  somewhat  technical,  but  still  the 
line  must  be  drawn."  (For  decisions  as  to  laborers  and  mechanics  see  Dig. 
Op.  J.^A.  G.,  Eight-hour  law.) 

aThe  act  of  August  1,  1892,  is  of  general  application,  and  the  limitation  as 
to  public  works  in  said  act  applies  only  to  such  persons  as  are  in  the  employ  of 
contractors  and  subcontractors.  (20  Op.  Atty.  Gen.,  459.) 

Undoubtedly  "  public  works  "  is  a  phrase  of  rather  wide  signification,  and  it 
has  not  been  precisely  and  fully  defined.  (26  Op.  Atty.  Gen.,  33.)  The  term 
"  public  works  of  the  United  States "  should  not  be  narrowly  construed. 
(20  Op.  Atty.  Gen.,  459.)  Held  not  to  apply  to  construction  of  naval  vessels 
under  contract.  (26  Op.  Atty.  Gen.,  33.)  But  the  naval  appropriation  acts 
subsequent  to  that  opinion  and  prior  to  the  act  of  June  19,  1912,  required  eight- 
hour  days.  The  act  of  June  19,  1912,  extends  to  construction  of  naval  vessels. 
(See  also  U.  S.  v.  Ansonia  Brass  &  Copper  Co.,  218  U.  S.,  452.)  Held  that  the 
construction  of  levees  on  the  banks  of  the  Mississippi  River,  in  accordance 
with  the  plans  of  the  Mississippi  River  Commission,  was  a  public  work  of  the 
United  States  in  the  sense  of  the  act  of  August  1,  1892,  although  the  United 
States  did  not  own  the  land.  A  proprietorship  in  or  jurisdiction  over  the  thing 
constructed  is  not  necessary.  The  United  States  expends  annually  more  than 
twenty  millions  for  the  improvement  of  rivers  and  harbors,  but  the  greater 
part  of  this  is  done  without  acquiring  title  or  jurisdiction  to  or  over  the 
premises.  The  question  under  the  act  is  not  in  whom  is  the  title  or  jurisdiction, 
but  who  is  doing  the  work.  The  construction  of  these  levees  is  a  particular 
work  appropriated  for  by  Congress  and  to  be  contracted  for  by  the  United 
States.  It  is  therefore  one  of  the  public  works  of  the  United  States  and  subject 
to  the  provisions  of  this  statute.  (Dig.  Op.  J.  A.  G.,  590,  II.)  But  see  river 
and  harbor  appropriation  acts  1911  and  1912,  post. 


MILITAKY  LAWS  OF  THE  UNITED  STATES.  449 

more  than  eight  hours  in  any  calendar  day  except  in  case  of  ex- 
traordinary emergency.1    Sec.  1,  Act  of  Aug.  1,  1892  (27  Stat.  340). 

1220.  Same — Penalty. — That  any  officer  or  agent  of  the  Govern- 
ment of  the  United  States  or  of  the  District  of  Columbia,  or  any  con- 
tractor or  subcontractor  whose  duty  it  shall  be  to  employ,  direct,  or 
control  any  laborer  or  mechanic  employed  upon  any  of  the  public 
works  of  the  United  States  or  of  the  District  of  Columbia  who  shall 
intentionally  violate  any  provision  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  for  each  and  every  such  offense  shall  upon 
conviction  be  punished  by  a  fine  not  to  exceed  one  thousand  dollars 
or  by  imprisonment  for  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court  having  jurisdic- 
tion thereof.    Sec.  2,  id. 

1221.  Same — Present  contracts  not  affected. — The  provisions  of 
this  act  shall  not  be  so  construed  as  to  in  any  manner  apply  to  or 
affect  contractors  or  subcontractors,  or  to  limit  the  hours  of  daily 
service  of  laborers  or  mechanics  engaged  upon  the  public  works  of 
the  United  States  or  of  the  District  of  Columbia  for  which  contracts 
have  been  entered  into  prior  to  the  passage  of  this  act.    Sec.  3,  id. 

1222.  Same — Contract  for  withholding  penalty. — That  every  con- 
tract hereafter  made  to  which  the  United  States,  any  Territory,  or  the 
District  of  Columbia  is  a  party,  and  every  such  contract  made  for  or 
on  behalf  of  the  United  States,  or  any  Territory,  or  said  District, 

1  The  term  "  extraordinary  emergency,"  employed  in  the  first  section  of 
the  act  of  August  1,  1892,  can  not  properly  be  construed  in  advance  as  referring 
or  applicable  to  any  particular  class  of  cases.  The  question  whether  there  is 
or  was  such  emergency  should  be  left  to  be  determined  by  the  facts  of  each 
special  instance  as  it  arises.  A  case  in  which  it  appeared  a  compliance  with 
the  statute  was  not  possible  might  well  be  held  to  be  one  of  "  extraordinary 
emergency."  (Dig.  Op.  J.  A.  G.,  V.,  592.)  No  provision  is  contained  in  the 
act  of  August  1,  1892,  for  the  suspension  of  its  operation,  and  the  Secretary 
of  War  has  no  power  to  suspend  it  as  to  certain  work  or  places  of  work  on 
the  theory  that  an  "  emergency  "  exists  as  to  the  same.  Nor  can  he  lay  down 
in  advance  any  general  rule  as  to  what  would  be  such  an  emergency  as  would 
relieve  an  officer  or  contractor  from  liability  or  give  him  an  immunity  from  pros- 
ecution. The  question  of  an  existence  of  an  emergency  is  to  be  determined,  in  the 
first  instance,  by  the  person  carrying  on  or  in  charge  of  the  work ;  and,  in  the 
second  by  the  court,  if  the  case  comes  before  one.  It  may  be  said  generally  that 
when  the  emergency  can  be  foreseen  it  is  not  extraordinary.  (Dig.  Op.,  59.2,  VI.) 

An  extraordinary  emergency  is  something  unforeseen,  sudden,  unexpected, 
which  would  call  for  immediate  action  or  remedy;  the  contractor  may  require 
or  permit  laborers  and  mechanics  to  work  more  than  eight  hours  in  a  calendar 
day  to  protect  the  work  from  injury  and  destruction  threatened  by  an  extra- 
ordinary emergency,  but  may  not  do  so  to  repair  losses  caused  thereby.  When 
the  emergency  passes  the  privilege  ceases.  The  language  extraordinary  emer- 
gency can  not  contemplate  conditions  of  danger  which  necessarily  inhere  in  the 
work  to  be  done,  and  which  will  always  be  present  from  the  beginning  to  the 
end  of  the  work.  (149  Fed.  Rep.,  814.) 

A  delay,  not  entirely  unexpected,  in  obtaining  the  timber  required  for  the 
construction  of  a  pier  at  the  Boston  Navy  Yard  does  not  create  an  extraordi- 
nary emergency  within  the  meaning  of  the  law.  No  mere  requirement  of 
business  convenience  or  pecuniary  advantage  is  an  extraordinary  emergency 
within  the  meaning  of  the  act.  (206  U.  S.,  246.) 

48985°— 15 29 


450  MILITARY  LAWS  OF   THE  UNITED  STATES. 

which  may  require  or  involve  the  employment  of  laborers  or  mechanics 
shall  contain  a  provision  that  no  laborer  or  mechanic  doing  any  part 
of  the  work  contemplated  by  the  contract 1  in  the  employ  of  the  con- 
tractor or  any  subcontractor 2  contracting  for  any  part  of  said  work 
contemplated,  shall  be  required  or  permitted  to  work  more  than  eight 
hours  in  any  one  calendar  day  upon  such  work;  and  every  such  con- 
tract shall  stipulate  a  penalty  for  each  violation  of  such  provision  in 
such  contract  of  five  dollars  for  each  laborer  or  mechanic  for  every 
calendar  day  in  which  he  shall  be  required  or  permitted  to  labor  more 
than  eight  hours  upon  said  work ;  and  any  officer  or  person  designated 
as  inspector  of  the  work  to  be  performed  under  any  such  contract,  or 
to  aid  in  enforcing  the  fulfillment  thereof,  shall,  upon  observation  or 
investigation,  forthwith  report  to  the  proper  officer  of  the  United 
States,  or  of  any  Territory,  or  of  the  District  of  Columbia,  all  viola- 
tions of  the  provisions  of  this  Act  directed  to  be  made  in  every  such 
contract,  together  with  the  name  of  each  laborer  or  mechanic  who  has 
been  required  or  permitted  to  labor  in  violation  of  such  stipulation 
and  the  day  of  such  violation,  and  the  amount  of  the  penalties 
imposed  according  to  the  stipulation  in  any  such  contract  shall  be 
directed  to  be  withheld  for  the  use  and  benefit  of  the  United  States, 
the  District  of  Columbia,  or  the  Territory  contracting  by  the  officer 
or  person  whose  duty  it  shall  be  to  approve  the  payment  of  the  moneys 
due  under  such  contract,  whether  the  violation  of  the  provisions  of 
such  contract  is  by  the  contractor  or  any  subcontractor.  Any  contrac- 
tor or  subcontractor  aggrieved  by  the  withholding  of  any  penalty  as 
hereinbefore  provided  shall  have  the  right  within  six  months  there- 
after to  appeal  to  the  Jiead  of  the  department  making  the  contract  on 
behalf  of  the  United  States  or  the  Territory,  and  in  the  case  of  a  con- 
tract made  by  the  District  of  Columbia  to  the  Commissioners  thereof, 
who  shall  have  power  to  review  the  action  imposing  the  penalty,  and 
in  all  such  appeals  from  such  final  order  whereby  a  contractor  or  sub- 
contractor may  be  aggrieved  by  the  imposition  of  the  penalty  herein- 
before provided  such  contractor  or  subcontractor  may  within  six 
months  after  decision  by  such  head  of  a  department  or  the  Com- 
missioners of  the  District  of  Columbia  file  a  claim  in  the  Court  of 

JThe  eight-hour  work-day  restriction  applies  only  to  work  contemplated  by 
the  contract  The  words  "  work  contemplated  by  the  contract "  include  the 
work  directly  and  proximately  in  view  in  the  contract  as  specifically  appro- 
priated to  and  destined  for  the  Government  use.  Contracts  for  the  purchase  of 
projectiles  are  not  excepted  from  the  operation  of  the  eight-hour  restriction, 
but  only  the  work  done  in  assembling  the  parts,  treating  the  forging  or 
easting,  and  machining  the  projectiles  would  be  "  work  contemplated  by  the 
contract,"  unless  the  casting  and  other  parts  were  manufactured  solely  and 
exclusively  for  the  purpose  of  making  the  projectiles.  (29  Op.  Atty.  Gen.,  534.) 

3  The  eight-hour  work-day  restriction  applies  to  the  employment  of  labor  on 
the  work  contemplated  by  the  contract,  and  it  is  immaterial  by  whom  the  labor 
is  employed,  whether  by  contractor,  or  subcontractor,  or  subsubcontractor. 
(29  Op.  Atty.  Gen.,  534.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  451 

Claims,  which  shall  have  jurisdiction  to  hear  and  decide  the  matter 
in  like  manner  as  in  other  cases  before  said  court.  Sec.  1,  Act  of 
June  19,  1912  (37  Stat.  137). 

1223.  Same — Exceptions. — That  nothing  in  this  Act  shall  apply  to 
contracts  for  transportation  by  land  or  water,  or  for  the  transmission 
of  intelligence,  or  for  the  purchase  of  supplies  by  the  Government, 
whether  manufactured  to  conform  to  particular  specifications  or 
not,  or  for  such  materials  or  articles  as  may  usually  be  bought  in 
open  market,1  except  armor  and  armor  plate,  whether  made  to  con- 
form to  particular  specifications  or  not,  or  to  the  construction  or 
repair  of  levees  or  revetments2  necessary  for  protection  against 
floods  or  overflows  on  the  navigable  waters  of  the  United  States: 
Provided,  That  all  classes  of  work  which  have  been,  are  now,  or 
may  hereafter  be  performed  by  the  Government  shall,  when  done 
by  contract,  by  individuals,  firms,  or  corporations  for  or  on  behalf 
of  the  United  States  or  any  of  the  Territories  or  the  District  of 
Columbia,  be  performed  in  accordance  with  the  terms  and  provisions 
of  section  one  of  this  Act.3  The  President,  by  Executive  order,  may 
waive  the  provisions  and  stipulations  in  this  Act  as  to  any  specific 
contract  or  contracts  during  time  of  war  or  a  time  when  war  is 
imminent,  and  until  January  first,  nineteen  hundred  and  fifteen,  as 
to  any  contract  or  contracts  entered  into  in  connection  with  the  con- 
struction of  the  Isthmian  Canal.  No  penalties  shall  be  imposed  for 
any  violation  of  such  provision  in  such  contract  due  to  any  extraor- 
dinary events  or  conditions  of  manufacture,  or  to  any  emergency 
caused  by  fire,  famine,  or  flood,  by  danger  to  life  or  to  property, 
or  by  other  extraordinary  event  or  condition  on  account  of  which 
the  President  shall  subsequently  declare  the  violation  to  have  been 
excusable.  Nothing  in  this  Act  shall  be  construed  to  repeal  or 

1  The  word  "  supplies "  and  the  phrase  "  such  materials  or  articles  as  may 
usually  be  bought  in  the  open  market "  are  practically  synonymous  and  cover 
things  which  are  had  in  store  or  stock.  Whether  a  particular  article  or  ma- 
terial falls  within  this  exception  to  the  eight-hour  provision  is  generally  a 
matter  of  administration.  (29  Op.  Atty.  Gen.,  534.) 

Any  article  or  material  which  can  fairly  be  said  to  be  included,  in  its  ordi- 
nary condition,  within  the  class  of  supplies  or  articles  which  may  usually  be 
bought  in  open  market,  is  excepted  from  the  operation  of  the  act,  no  matter 
if  it  may  differ  in  particulars  from  other  members  of  the  class  by  reason  of 
the  requirements  of  the  specifications  under  which  it  is  contracted  for.  For 
instance,  paper,  in  its  ordinary  state,  evidently  belongs  to  the  class  of  "  sup- 
plies" and  it  is  not  withdrawn  therefrom  because  manufactured  according  to 
the  standard  of  quality  fixed  upon  by  the  Joint  Committee  on  Printing.  (29 
Op.  Atty.  Gen.,  639. 

"This  renders  unnecessary  the  incorporation  hereaftar  into  annual  river 
and  harbor  appropriation  acts,  words  excepting  the  work  on  Mississippi  River 
levees  from  the  eight-hour  law  as  far  as  contracts  are  concerned. 

8  Looking  at  the  act  of  June  19,  1912,  it  will  be  seen  that  section  1  lays  down 
the  rule  which  is  to  govern  all  contracts  hereafter  entered  into  by  the  United 
States,  or  on  its  behalf,  and  prescribes  the  penalty  for  a  violation  of  its  re- 
quirements and  the  mode  of  redress  when  the  penalty  is  unjustly  exacted, 
while  section  2  states  the  exceptions  to  the  rule  and  the  qualifications  and 


452  MILITARY   LAWS   OF    THE  UNITED   STATES. 

modify  the  Act  entitled  "An  Act  relating  to  the  limitation  of  the 
hours  of  daily  service  of  laborers  and  mechanics  employed  upon  the 
public  works  of  the  United  States  and  of  the  District  of  Columbia," 
being  chapter  three  hundred  and  fifty-two  of  the  laws  of  the  Fifty 
second  Congress,  approved  August  first,  eighteen  hundred  and 
ninety-two,  as  modified  by  the  Acts  of  Congress  approved  February 
twenty-seventh,  nineteen  hundred  and  six,  and  June  thirtieth,  nine- 
teen hundred  and  six,  or  apply  to  contracts  which  have  been  or  may 
be  entered  into  under  the  provisions  of  appropriation  Acts  approved 
prior  to  the  passage  of  this  Act.  Sec.  #,  id.,  138. 

1224.  Same — When  effective. — That  this  Act  shall  become  effective 
and  be  in  force  on  and  after  January  first,  nineteen  hundred  and 
thirteen.     Id. 

1225.  Same — Canal  Zone. — The  provisions  of  the  Act  entitled  "An 
Act  relating  to  the  limitation  of  the  hours  of  daily  service  of  labor- 
ers and  mechanics  employed  upon  the  public  works  of  the  United 
States  and  of  the  District  of  Columbia,"  approved  August  first, 
eighteen  hundred  and  ninety-two,  shall  not  apply  to  alien  laborers 
employed  in  the  construction  of  the  Isthmian  Canal  within  the  Canal 
Zone.1    Act  of  Feb.  27,  1906  (34  Stat.  33). 

1226.  Same. — The   provisions  of   an   Act  entitled  "An  Act   re- 
lating to  the  limitations  of  the  hours  of  daily  service  of  laborers 
and  mechanics  employed  upon  the  public  works  of  the  United  States 
and  of  the  District  of  Columbia,"  approved  August  first,  eighteen 
hundred  and  ninety-two,  and  of  an  Act  entitled  "An  Act  making 

limitations  thereof.  The  main  exceptions  are  found  in  the  first  sentence  of  sec- 
tion 2.  But  to  these  exceptions  there  is  attached  a  proviso,  the  effect  of  which 
is  to  limit  and  narrow  the  exceptions.  This  proviso  might  be  so  construed 
as  to  nullify,  in  whole  or  in  part,  portion  of  the  act  to  which  it  is  attached. 
The  purpose  of  the  proviso,  however,  is  merely  to  qualify  or  limit  the  part  of 
the  enactment  to  which  it  is  attached  and  not  to  nullify  or  destroy  it.  The 
Attorney  General  therefore  ruled  that  to  carry  out  the  intent  of  the  proviso, 
the  words,  "  which  have  been,  are  now,  or  may  hereafter  be  performed  by  the 
Government,"  can  not  be  taken  literally,  but  must  be  construed  as  referring  to 
work  which,  up  to  the  time  of  the  making  of  the  contract  therefor  has  ordi- 
narily been  performed  "by  the  Government,  and  not  merely  occasionally  or  to  a 
limited  extent,  so  that  to  let  the  same  upon  contract  would  indicate  an  in- 
tention to  evade  the  eight-hour  restriction  of  the  act  of  August  2,  1892.  To 
illustrate:  In  view  of  your  statement  that  "the  War  Department  has  from 
time  to  time  engaged  in  the  manufacture  of  clothing,  tentage,  and  various 
equipments  for  the  Army  on  its  own  account,  using  materials  purchased  for  the 
purpose,  but  as  a  general  rule  the  Government  awards  contracts  for  the  manu- 
facture of  clothing,  furnishing  material  therefor,"  I  should  say  that,  under  the 
circumstances  stated,  the  eight-hour  restriction  need  not  be  incorporated  in 
contracts  for  such  clothing.  (29  Op.  Atty.  Gen.,  511.) 

But  as  to  smokeless  powder,  in  view  of  the  fact  that  the  Government  manu- 
factures about  30  per  cent  of  the  amount  in  use,  it  could  not  be  considered  that 
the  Government  occasionally  or  to  a  limited  extent  had  performed  such  work; 
so  contracts  for  the  purchase  of  this  class  of  powder  must  fall  under  the  eight- 
hour  law.  (29  Op.  Atty.  Gen.,  546.) 

1  See  post,  1223,  as  to  contracts  respecting  the  Canal  Zone  under  the  act  of 
June  19,  1912. 


MILITARY  LAWS  OF  THE  UNITED  STATES.  453 

appropriations  to  supply  urgent  deficiencies  in  the  appropriations 
for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  six, 
and  for  prior  years,  and  for  other  purposes,"  approved  February 
twenty-seventh,  nineteen  hundred  and  six,  shall  not  apply  to  un- 
skilled alien  laborers  and  to  the  foremen  and  superintendents  of  such 
laborers  employed  in  the  construction  of  the  Isthmian  Canal  within 
the  Canal  Zone.1  Sec.  4,  Act  June  30, 1906  (34  Stat.  669} . 

1227,  Mississippi  River  levee  work. — Improving  Mississippi  River 
"from  Head  of  Passes  to  the  mouth  of  the  Ohio  River,  including  sala- 
ries, clerical,  office,  traveling,  and  miscellaneous  expenses  of  the  Mis- 
sissippi River  Commission :  Continuing  improvement  with  a  view  to 
securing  a  permanent  channel  depth  of  nine  feet,  six  million  dol- 
lars, which  sum  shall  be  expended  under  the  direction  of  the  Secre- 
tary of  War  in  accordance  with  the  plans,  specifications,  and  recom- 
mendations of  the  Mississippi  River  Commission,  as  approved  by  the 
Chief  of  Engineers,  for  the  general  improvement  of  the  river,  for 
the  building  of  levees,  which  shall  be  considered  extraordinary  emer- 
gency work,  between  the  Head  of  Passes  and  Cape  Girardeau,  Mis- 
souri, and  for  surveys,  including  the  survey  from  the  Head  of  Passes 
to  the  headwaters  of  the  river,  in  such  manner  as  in  their  opinion 
shall  best  improve  navigation  and  promote  the  interests  of  commerce 
at  all  stages  of  the  river.2    Act  of  July  25,  1912  (37  Stat.  218). 

1228.  Annual  naval  appropriation  act. — And  the  contract  for  the 
construction  of  said  vessels  shall  contain  a  provision  requiring  such 
vessels  to  be  built  in  accordance  with  the  provisions  of  an  Act  en- 
titled "An  Act  relating  to  the  limitations  of  the  hours  of  daily  serv- 
ice of  laborers  and  mechanics  employed  upon  the  public  works  of 
the  United  States  and  of  the  District  of  Columbia,"  approved  Au- 
gust 1,  1892.3     Act  of  June  24,  1910   (36  Stat.  628,  Annual  naval 
appropriation  act). 

1  See  post,  1223,  as  to  contracts  respecting  the  Canal  Zone  under  the  act  of 
June  19,  1912. 

aln  U.  S.  v.  Garbish  (222  U.  S.,  261,  Oct.,  1911)  it  was  held  that  the  building 
and  repair  of  levees  on  the  Mississippi  River  is  one  of  the  most  important  and 
conspicuous  of  the  public  works  of  the  United  States,  and  if  it  had  been  in- 
tended to  exempt  it  from  the  provision  of  the  act  of  August  1,  1892,  which 
declared  a  public  policy  in  regard  to  labor,  it  would  have  been  expressed.  Since 
that  decision  the  annual  appropriation  act  of  rivers  and  harbors  have  specially 
exempted  levee  construction  to  the  extent  as  stated  in  the  acts.  See  annual 
appropriation  act,  March  4,  1913  (37  Stat.  817).  The  act  of  June  19,  19] 2  (37 
Stat.  137),  paragraph  1223,  post,  especially  excepts  contracts  for  the  construction 
of  levees  and  revetments  on  navigable  waters  from  the  eight-hour  restriction. 

'The  act  of  August  1,  1892  (1219,  ante),  does  not  apply  to  vessels  under  con- 
struction for  the  Navy  by  contract  with  builders  at  private  establishments. 
Materials  for  such  vessels,  such  as  armor,  guns,  and  other  articles  obtained 
under  special  contract,  are  a  fortori,  not  within  the  statute.  (26  Op.  Atty. 
Gen.,  30.)  This  decision  was  given  August  3,  1906.  The  annual  naval  appro- 
priation acts  above  quoted  place  the  contracts  entered  into  under  authority 
of  those  acts  within  the  eight-hour  law.  (See  also  U.  S.  v.  Ansonia  Brass  & 
Copper  Co.,  218  U.  S.,  452.) 


454  MILITARY  LAWS  OF   THE  UNITED   STATES. 

1229.  Same. — Provided,  That  no  part  of  this  appropriation  shall 
be  expended  for  the  construction  of  any  boat  by  any  person,  firm,  or 
corporation  which  has  not  at  the  time  of  the  commencement  and 
during  the  construction  of  said  vessel  established  an  eight-hour  work 
day  for  all  employees,  laborers,  and  mechanics  engaged  in  doing  the 
work  for  which  this  appropriation  is  made.1    Act  of  Mar.  4?  19H 
(36  Stat.  1288)  Annual  naval  appropriation  act}. 

1230.  Same. — The  Act  entitled,  "An  Act  limiting  the  hours  of 
daily  service  of  laborers  and  mechanics  employed  upon  work  done 
for  the  United  States,  or  for  any  Territory  or  for  the  District  of  Co- 
lumbia, and  for  other  purposes,"  approved  June  nineteenth,  nine- 
teen hundred  and  twelve,  shall  be  in  force  as  to  all  contracts  author- 
ized by  this  Act  from  and  after  the  passage  of  this  Act.2    Act  of  Au- 
gust 22, 1912  (37  Stat.  355,  Annual  naval  appropriation  act). 

1231.  Fortification  Act. — For  the  purchase,  manufacture,  and  test 
of  mountain,  field,  and  siege  cannon,  including  their  carriages,  sights, 
implements,  equipment,  and  the  machinery  necessary  for  their  manu- 
facture at  the  arsenals,  three  hundred  thousand  dollars:  Provided^ 
That  no  part  of  this  appropriation  shall  be  expended  for  the  pur- 
chase of  any  mountain,  field,  or  siege  cannon,  including  their  car- 
riages, from  any  person,  firm,  or  corporation  which  has  not  at  the 
time  of  commencement  of  said  works  established  an  eight  hour  work- 
day for  all  employees,  laborers,  and  mechanics  engaged  or  to  be  en- 
gaged in  the  work  of  construction  of  the  cannon  named  herein : 3  Pro- 
vided, That  the  Chief  of  Ordnance,  United  States  Army,  is  hereby 
authorized  to  enter  into  contracts  or  otherwise,  incur  obligations  for 
the  purposes  above  mentioned  not  to  exceed  three  hundred  thousand 
dollars,  in  addition  to  the  appropriations  herein  and  heretofore  made. 

lprhis  applied  to  torpedo  boats.  Practically  the  same  language  was  used  as 
to  submarine  torpedo  boats  in  the  same  act,  page  1287.  The  limitation  clause 
in  the  act  of  March  4,  1911  (36  Stat.  1287),  providing  that  "no  part  of  this 
appropriation  shall  be  expended  for  the  construction  of  any  boat  by  any  per- 
son, firm,  or  corporation  which  has  not  at  the  time  of  the  commencement  and 
construction  of  said  vessel  established  an  eight  hour  working  day  for  all  em- 
ployees *  *  *  engaged  or  to  be  engaged  in  the  construction  of  the  vessel," 
applies  to  employees,  laborers,  etc.,  engaged  or  to  be  engaged  in  the  construc- 
tion of  such  vessel,  of  the  firm  or  corporation  to  whom  the  contract  is  let,  and 
is  limited  to  such  employees,  etc.,  as  are  in  the  employ  of  such  contractor  and 
not  to  employees  of  other  persons,  firms,  etc.,  who  in  the  usual  course  of  busi- 
ness may  furnish  to  such  contractor  materials  entering  into  the  construction  of 
said  vessel.  (18  Conip.,  93.) 

"The  act  of  June  19,  1912,  did  not  take  effect  till  January  1,  1913.  The  naval 
appropriation  act  for  the  fiscal  year  ending  June  30,  1913,  as  quoted,  shows  the 
intent  of  Congress  that  the  act  of  June  19,  1912,  should  apply  at  once  to  con- 
tracts under  the  Naval  appropriation  act. 

8  This  act  is  not  repealed  by  the  act  of  June  19,  1912.  The  provisions  of  this 
act  relative  to  the  eight  hour  law  applies  only  to  employees,  laborers,  and  me- 
chanics engaged  in  the  work  of  manufacturing  the  ammunition  named  therein, 
and  does  not  establish  any  general  rule  governing  the  employees  of  the  con- 
tractor beyond  their  occupation  in  carrying  out  the  work  embraced  in  the  con- 
tract with  the  Government.  (29  Op.  Atty.  Gen.,  629.  See  also  id.,  534.) 


MILITARY    LAWS   OF   THE   UNITED   STATES.  455 

For  the  purchase,  manufacture,  and  test  of  ammunition 1  for  moun- 
tain, field,  and  siege  cannon,  including  the  necessary  experiments 
in  connection  therewith  and  the  machinery  necessary  for  its  manu- 
facture at  the  arsenals,  six  hundred  thousand  dollars:  Provided. 
That,  except  in  time  of  war  or  when  in  the  judgment  of  the  Presi- 
dent war  is  imminent,  no  part  of  this  or  of  any  other  sum  in  this 
Act  for  ammunition  shall  be  expended  for  the  purchase  of  any  ammu- 
nition from  any  person,  firm,  or  corporation  which  "has  not  at  the 
time  of  commencement  of  said  work  established  an  eight  hour  work- 
day for  all  employees,  laborers,  and  mechanics  engaged  or  to  be  en- 
gaged in  the  work  of  manufacturing  the  ammunition  named  herein. 
Act  of  June  6, 1912  (37  Stat.  126,  Fortification). 

1232.  Amendment  of  Act,  August  1, 1892. — That  sections  one,  two, 
and  three  of  an  act  entitled  "An  act  relating  to  the  limitation  of  the 
hours  of  daily  service  of  laborers  and  mechanics  employed  upon  the 
public  works'  of  the  United  States  and  of  the  District  of  Columbia  " 
be  amended  to  read  as  follows : 

"SEC.  1.  That  the  service  and  employment  of  all  laborers  and 
mechanics  who  are  now,  or  may  hereafter,  be  employed  by  the  Gov- 
ernment of  the  United  States  or  the  District  of  Columbia,  or  by  any 
contractor  or  subcontractor,  upon  a  public  work  of  the  United  States 
or  of  the  District  of  Columbia,  and  of  all  persons  who  are  now,  or 
may  hereafter  be,  employed  by  the  Government  of  the  United  States 
or  the  District  of  Columbia,  or  any  contractor  or  subcontractor,  to 
perform  services  similar  to  those  of  laborers  and  mechanics  in  con- 
nection with  dredging  or  rock  excavation  in  any  river  or  harbor  of 
the  United  States  or  of  the  District  of  Columbia,  is  hereby  limited 
and  restricted  to  eight  hours  in  any  one  calendar  day;  and  it  shall 
be  unlawful  for  any  officer  of  the  United  States  Government  or  of  the 
District  of  Columbia,  or  any  such  contractor  or  subcontractor  whose 
duty  it  shall  be  to  employ,  direct,  or  control  the  services  of  such 
laborers  or  mechanics  or  of  such  persons  employed  to  perform  serv- 
ices similar  to  those  of  laborers  and  mechanics  in  connection  with 
dredging  or  rock  excavation  in  any  river  or  harbor  of  the  United 
States  or  of  the  District  of  Columbia,  to  require  or  permit  any  such 
laborer  or  mechanic  or  any  such  person  employed  to  perform  services 
similar  to  these  of  laborers  and  mechanics  in  connection  with  dredg- 
ing or  rock  excavation  in  any  river  or  harbor  of  the  United  States  or 
of  the  District  of  Columbia,  to  work  more  than  eight  hours  in  any 

1  The  meaning  of  the  word  "  ammunition  "  is  the  generally  accepted  meaning 
of  the  word  as  used  by  the  War  and  Navy  Departments.  It  means  something 
different  from  material?  for  ammunition.  It  is  generally  the  assembled  or 
practically  complete  product,  substantially  ready  for  use  in  firearms.  The  law 
does  not  apply  to  purchase  of  ammunition  made  abroad.  (29  Op.  Atty.  Gen., 
483.) 


456  MILITARY   LAWS   OF   THE   UNITED   STATES. 

calendar  day,  except  in  case  of  extraordinary  emergency  :  Provided, 
That  nothing  in  this  act  shall  apply  or  be  construed  to  apply  to 
persons  employed  in  connection  with  dredging  or  rock  excavation  in 
any  river  or  harbor  of  the  United  States  or  of  the  District  of 
Columbia  while  not  directly  operating  dredging  or  rock  excavating 
machinery  or  tools,  nor  to  persons  engaged  in  construction  or  repair 
of  levees  or  revetments  necessary  for  protection  against  floods  or 
overflows  on  the  navigable  rivers  of  the  United  States. 

"  SEC.  2.  That  any  officer  or  agent  of  the  Government  of  the  United 
States  or  of  the  District  of  Columbia,  or  any  contractor  or  subcon- 
tractor whose  duty  it  shall  be  to  employ,  direct,  or  control  any 
laborer  or  mechanic  employed  upon  a  public  work  of  the  United 
States  or  of  the  District  of  Columbia,  or  any  person  employed  to 
perform  services  similar  to  those  of  laborers  and  mechanics  in  con- 
nection with  dredging  or  rock  excavation  in  any  river  or  harbor  of 
the  United  States  or  of  the  District  of  Columbia,  who  shall  intention- 
ally violate  any  provision  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  for  each  and  every  such  offense  shall,  upon  con- 
viction, be  punished  by  a  fine  not  to  exceed  one  thousand  dollars,  or 
by  imprisonment  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court  having  jurisdiction 
thereof. 

44  SEC.  3.  That  the  provisions  of  this  act  shall  not  be  so  construed 
as  to  in  any  manner  apply  to  or  affect  contractors  or  subcontractors, 
or  to  limit  the  hours  of  daily  service  of  laborers  or  mechanics  engaged 
upon  a  public  work  of  the  United  States  or  of  the  District  of  Co- 
lumbia, or  persons  employed  to  perform  services  similar  to  those  of 
laborers  and  mechanics  in  connection  with  dredging  or  rock  excava- 
tion in  any  river  or  harbor  of  the  United  States  or  of  the  District  of 
Columbia,  for  which  contracts  have  been  entered  into  prior  to  the 
passing  of  this  Act  or  may  be  entered  into  under  the  provisions  of 
appropriation  Acts  approved  prior  to  the  passage  of  this  Act. 

"  SEC.  4.  That  this  act  shall  become  effective  and  be  in  force  on  and 
after  March  first,  nineteen  hundred  and  thirteen."  1  Act  of  Mar.  3, 
1913  (37  Stats. 


TRANSFER  OF  CONTRACT  PROHIBITED. 

1233.  Same.  —  No  contract  or  order,  or  any  interest  therein,  shall  be 
transferred  by  the  party  to  whom  such  contract  or  order  is  given  to 
any  other  party,  and  any  such  transfer  shall  cause  the  annulment  of 
the  contract  or  order  transferred,  so  far  as  the  United  States  are  con- 
cerned. All  rights  of  actitm,  however,  for  any  breach  of  such  con- 

1  This  act  takes  the  place  of  the  act  of  August  1,  1892.  The  notes  given  in 
connection  with  the  former  act  are  applicable  to  the  recent  act. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  457 

tract  by  the  contracting  parties,  are  reserved  to  the  United  States.1 

Sec.  3737,  R.  8. 

MISCELLANEOUS  PROVISIONS. 

1234.  Preference  for  American  material. — In  all  contracts  for  ma- 
terial for  any  public  improvement  the  Secretary  of  War  shall  give 
preference  to  American  material,2  and  all  labor  thereon  shall  be  per- 
formed within  the  jurisdiction  of  the  United  States.    Sec.  8,  Act  of 
Mar.  3, 1875  (18  Stat.  455). 

1235.  Means  of  transportation. — Hereafter  all  purchases  of  horses, 
mules,  or  oxen,  wagons,  carts,  drays,  ships  and  other  seagoing  vessels, 
also  all  other  means  of  transportation,  shall  be  made  by  the  Quarter- 

1  This  clause  is  imperative  and  bars  any  action  by  the  assignor  as  well  as  the 
assignee.     (Wanless  v.  U.  S.,  6  Ct.  Cls.,  123.)     The  purpose  of  the  act  of  July 
17,  1862   (sec.  3737,  R.  S.),  prohibiting  the  transfer  of  Government  contracts, 
was  to  secure  the  personal  attention  and  services  of  the  contractor  and  to  ren- 
der him  liable  to  punishment  under  section  16  of  the  same  act.     *     *     *     No 
formal  or  written  transfer  is  necessary  to  bring  the  case  within  the  prohibition 
of  the  act.     It  is  sufficient  to  annul  the  contract  that  the  facts  disclose  a  sub- 
stantial transfer.     (Francis  v.  U.  S.,  11  Ct.  Cls.,  638;  Wheelan  v.  U.  S.,  5  Ct. 
Cls.,  504;  McCord's  Case,  9  Ct.  Cls.,  155;  10  Opin.  Att.  Gen.,  523.)     But  it  has 
been  held  by  the  Attorney  General  that  the  statute  on  the  subject  (sec.  3737, 
R.  S.),  is  intended  simply  for  the  benefit  and  protection  of  the  United  States, 
which,  therefore,  is  not  compelled  to  avail  itself  of  a  transfer  by  the  contractor 
to  annul  the  contract,  but  may  recognize  the  same  and  accept  and  pay  the  as- 
signee.    "  Were  it  to  be  held,"  observes  the  Attorney  General,  "  that  a  transfer 
of  an  interest  would  absolutely  avoid  the  contract,  it  would  enable  any  party 
making  a  contract  with  the  United  States  to  avoid  it  by  simply  transferring  an 
interest  therein,  which  is  a  construction  manifestly  inadmissible."     Opinion  in 
the  case  of  the  "Fifteen  per  cent  contracts."     (15  Opins.,  235.)     And  similarly 
held  by  the  same  authority  in  a  later  opinion,  in  16  Opins.,  277,  that  while 
the  United  States  may  avail  itself  of  an  assignment  to  declare  the  contract 
annulled,  it  is  not  required  to  do  so,  but,  if  deemed  to  be  for  its  interests,  may 
recognize  the  assignee.     But  it  is  clear  that  an  officer  of  the  Army  could  not 
properly  assume  to  treat  an  assignment  of  a  contract  (or  interest  therein)   as 
valid  without  the  authority  and  direction  of  the  Secretary  of  War.     (See,  also, 
to  same  effect,  Burck  v.  Taylor,  152  U.  S.,  634.) 

Partnership  arrangements  and  arrangements  for  financial  assistance  in  con- 
nection with  a  contract  will  not  ordinarily  constitute  an  assignment.  (Hobbs 
v.  McLean,  117  U.  S.,  567 ;  Coates  v.  U.  S.,  53  Fed.  Rep.,  989 ;  Dulaney  v.  Scud- 
der,  94  id.,  6.)  A  contractor  with  the  United  States  does  not,  by  contracting 
with  a  third  party  to  furnish  material  for  the  work,  assign  the  contract  within 
the  meaning  of  section  3737,  Revised  Statutes.  (U.  S.  v.  Farley,  91  Fed.  Rep., 
474.)  It  has,  however,  been  held  that  section  3477,  Revised  Statutes,  which 
prohibits  or  makes  null  and  void  all  transfers  and  assignments  of  claims 
against  the  Government,  does  not  apply  to  involuntary  assignments  in  bank- 
ruptcy (Erwin  v.  U.  S.,  97  U.  S.,  392),  or  even  to  voluntary  assignments  for 
the  benefit  of  creditors  (Goodman  v.  Niblack,  102  U.  S.,  556)  ;  and  the  reasoning 
of  this  case  applies  with  equal  force  to  section  3737.  (2  Comp.  Dec.,  50.)  So 
it  has  been  held  that  section  3737,  Revised  Statutes,  does  not  apply  to  assign- 
ments by  operation  of  law  such  as  to  personal  representatives  of  a  deceased 
contractor  or  to  a  receiver  appointed  in  judicial  proceedings.  (See  2  Comp. 
Dec.,  514 ;  10  id.,  159,  168 ;  Burks  case,  13  Ct.  Cls.,  231 ;  McKay  t?.  U.  S.,  27  id., 
422.)  However,  where  the  contract  calls  for  the  personal  service  of  the  con- 
tractor, as,  for  instance,  service  as  an  artist,  the  contract  terminates  with  his 
death  and  can  not  be  carried  out  by  his  executor  or  administrator.  (7  Comp. 
Dec.,  402.)  See  further  as  to  construction  of  this  section,  Dig.  Op.  J.  A.  G. 
(1912),  pages  347-350,  and  notes  thereto. 

2  See  paragraph  1205,  ante,  as  to  preference  for  articles  of  domestic  produc- 
tion or  manufacture  in  procuring  military-  supplies. 


458  MILITAEY   LAWS   OF    THE   UNITED   STATES. 

master's  Department,  by  contract,  after  due  legal  advertisement, 
except  in  cases  of  extreme  emergency.  Act  of  July  5,  1884  (23  Stat. 
110). 

1236.  Contracts  for  printing. — No  part  of  the  appropriations  for 
the  Quartermaster's  Department  shall  be  expended  on  printing  unless 
the  same  shall  be  done  at  the  Government  Printing  Office,  or  by  con- 
tract after  due  notice  and  competition,  except  in  such  cases  as  the 
emergency  will  not  admit  of  the  giving  notice  of  competition,  and  in 
cases  where  it  is  impracticable  to  have  the  necessary  printing  done  by 
contract  the  same  may  be  done,  with  the  approval  of  the  Secretary 
of  War,  by  the  purchase  of  material  and  hire  of  the  necessary  labor 
for  the  purpose.    Act  of  Aug.  24,  1912  (37  Stat.  579). 

1237.  Post  bakeries. — For  the  current  fiscal  year  and  thereafter 
there  may  be  expended  from  the  appropriation  for  regular  supplies 
the  amounts  required  for  the  necessary  equipments  of  the  bakehouse 
to  carry  on  post  bakeries;  for  the  necessary  furniture,  text-books, 
paper,  and  equipments  of  the  post  schools ;  for  the  tableware  and  mess 
furniture  for  kitchens  and  mess  halls;     *     *     *     each  and  all  for 
use  of  the  enlisted  men  of  the  Army.    Act  of  June  13, 1890  (26  Stat. 
152). 

1238.  Delivery  of  subsistence  supplies. — Contracts  for  subsistence 
supplies  for  the  Army,  made  by  the  Commissary-General,  on  public 
notice,  shall  provide  for  a  complete  delivery  of  such  articles,  on  in- 
spection, at  such  places  as  shall  be  stipulated.    Sec.  3715,  R.  S. 

1239.  Purchase  of  steel. — No  contract  for  the  expenditure  of  any 
portion  of  the  money  herein  provided,  or  that  may  be  hereafter  pro- 
vided, for  the  purchase  of  steel  shall  be  made  until  the  same  shall 
have  been  submitted  to  public  competition  by  the  Department  by 
advertising.    Act  of  Feb.  24, 1891  (26  Stat.  769). 

1240.  Purchases  from  Indians. — The  Secretary  of  War  is  hereby 
authorized  and  directed  when  making  purchases  for  the  military 
posts  or  service  on  or  near  Indian  reservations  to  purchase  in  open 
market,  from  the  Indians  as  far  as  practicable,  at  fair  and  reasonable 
rates,  not  to  exceed  the  market  prices  in  the  localities,  any  cattle, 
grain,  hay,  fuel,  or  other  produce  or  merchandise  they  may  have  for 
sale  and  which  may  be  required  for  the  military  service.    Sec.  h  Act 
of  Jan.  19, 1891  (26  Stat.  721). 

1241..  Name  of  contractor  on  supplies. — Every  person  who  shall 
furnish  supplies  of  any  kind  to  the  Army  or  Navy  shall  be  required 
to  mark  and  distinguish  the  same  with  the  name  of  the  contractor 
furnishing  such  supplies,  in  such  manner  as  the  Secretary  of  War  and 
the  Secretary  of  the  Navy  may,  respectively,  direct;  and  no  supplies 
of  any  kind  shall  be  received  unless  so  marked  and  distinguished. 
Sec.  3731,  R.  S. 


MILITARY  LAWS   OF  THE   UNITED  STATES.  459 

1242.  Inspection  of  fuel — District  of  Columbia. — It  shall  not  be 
lawful  for  any  officer  or  person  in  the  civil,  military,  or  naval  service 
of  the  United  States  in  the  District  of  Columbia  to  purchase  anthra- 
cite or  bituminous  coal  or  wood  for  the  public  service  except  on  con- 
dition that  the  same  shall,  before  delivery,  be  inspected  and  weighed 
or  measured  by  some  competent  person  to  be  appointed  by  the  head 
of  the  Department  or  chief  of  the  branch  of  the  service  for  which 
the  purchase  is  made  from  among  the  persons  authorized  to  be  em- 
ployed in  such  Department  or  branch  of  the  service.     The  person 
appointed  under  this  section  shall  ascertain  that  each  ton  of  coal 
weighed  by  him  shall  consist  of  two  thousand  two  hundred  and  forty 
pounds,  and  that  each  cord  of  wood  to  be  so  measured  shall  be  of  the 
standard  measure  of  one  hundred"  and  twenty-eight  cubic  feet.    Each 
load  or  parcel  of  wood  or  coal  weighed  and  measured  by  him  shall 
be  accompanied  by  his  certificate  of  the  number  of  tons  or  pounds 
of  coal  and  the  number  of  cords  or  parts  of  cords  of  wood  in  each 
load  or  parcel.     Sec.  3711,  R.  S.,  as  amended  ~by  Sec.  6,  Act  of  Mar.  2, 
1895  (28  Stat.  808) ,  and  Sec.  6,  Act  of  Mar.  15, 1898  (30  Stat.  316) . 

1243.  Same — Copy  of  appointment   to   accounting   officers. — The 
proper  accounting  officer  of  the  Treasury  shall  be  furnished  with  a 
copy  of  the  appointment  of  each  inspector,  weigher,  and  measurer 
appointed  under  the  preceding  section.    Sec.  371%,  R.  S. 

1244.  Same — Certificate   of  inspector  required. — It  shall   not  be 
lawful  for  any  accounting  officer  to  pass  or  allow  to  the  credit  of 
any  disbursing  officer  in  the  District  of  Columbia  any  money  paid  by 
him  for  purchase  of  anthracite  or  bituminous  coal  or  for  wood  unless 
the  voucher  therefor  is  accompanied  by  a  certificate  of  the  proper 
inspector,  weigher,  and  measurer  that  the  quantity  paid  for  has  been 
determined  by  such  officer.    Sec.  3713,  R.  S. 

PENAL   OFFENSES. 

1245.  Member  of  Congress,  etc. — Pay  for  procuring  contract. — 
Whoever,  being  elected  or  appointed  a  Member  of  or  Delegate  to 
Congress,  or  a  Resident  Commissioner,  shall,  after  his  election  or 
appointment  and  either  before  or  after  he  has  qualified,  and  during 
his  continuance  in  office,  or  being  an  officer  or  agent  of  the  United 
States,  shall  directly  or  indirectly  take,  receive,  or  agree  to  receive, 
from  any  person,  any  money,  property,  or  other  valuable  considera- 
tion whatever,  for  procuring,  or  aiding  to  procure,  any  contract, 
appointive  office,  or  place,  from  the  United  States  or  from  any  officer 
or  department  thereof,  for  any  person  whatever,  or  for  giving  any 
such  contract,  appointive  office,  or  place  to  any  person  whomsoever; 
or  whoever,  directly  or  indirectly,  shall  offer,  or  agree  to  give,  or 
shall  give,  or  bestow,  any  money,  property,  or  other  valuable  consid- 


460  MILITARY  LAWS  OF   THE  UNITED   STATES 

eration  whatever,  for  the  procuring,  or  aiding  to  procure,  any  such 
contract,  appointive  office,  or  place,  shall  be  fined  not  more  than  ten 
thousand  dollars  and  imprisoned  not  more  than  two  years ;  and  shall, 
moreover,  be  disqualified  from  holding  any  office  of  honor,  profit,  or 
trust  under  the  Government  of  the  United  States.  Any  such  con- 
tract or  agreement  may,  at  the  option  of  the  President,  be  declared 
void.1  Sec.  112,  Act  of  Mar.  4, 1909,  Criminal  Code  (35  Stat.  1108). 

1246.  Same — For  services  in  relation  to  contract. — Whoever,  being 
elected  or  appointed  a  Senator,  Member  of  or  Delegate  to  Congress, 
or  a  Resident  Commissioner,  shall,  after  his  election  or  appointment 
and  either  before  or  after  he  has  qualified,  and  during  his  continu- 
ance in  office,  or  being  the  head  of  a  department,  or  other  officer  or 
clerk  in  the  employ  of  the  United  States,  shall,  directly  or  indirectly, 
receive,  or  agree  to  receive,  any  compensation  whatever  for  any 
services  rendered  or  to  be  rendered  to  any  person,  either  by  himself 
or  another,  in  relation  to  any  proceeding,  contract,  claim,  contro- 
versy, charge,  accusation,  arrest,  or  other  matter  or  thing  in  which 
the  United  States  is  a  party  or  directly  or  indirectly  interested,  before 
any  department,  court-martial,  bureau,  officer,  or  any  civil,  military, 
or  naval  commission  whatever,  shall  be  fined  not  more  than  ten  thou- 
sand dollars  and  imprisoned  not  more  than  two  years;  and  shall, 
moreover,  thereafter  be  incapable  of  holding  any  office  of  honor, 
trust,  or  profit  under  the  Government  of  the  United  States.2    Sec. 
US,  id.,  1109. 

1247.  Member  of  Congress — Interested  in  contract. — Whoever,  be- 
ing elected  or  appointed  a  Member  of  or  Delegate  to  Congress,  or  a 
Resident  Commissioner,  shall,  after  his  election  or  appointment  and 
either  before  or  after  he  has  qualified,  and  during  his  continuance 
in  office,  directly  or  indirectly,  himself,  or  by  any  other  person  in 
trust  for  him,  or  for  his  use  or  benefit,  or  on  his  account,  undertake, 
execute,  hold,  or  enjoy,  in  whole  or  in  part,  any  contract  or  agree- 
ment, made  or  entered  into  in  behalf  of  the  United  States  by  any 
officer  or  person  authorized  to  make  contracts  on  its  behalf,  shall  be 
fined  not  more  than  three  thousand  dollars.    All  contracts  or  agree- 
ments made  in  violation  of  this  section  shall  be  void ;  and  whenever 

1  This  section  is  taken  from  section  1781,  Revised  Statutes,  which  is  repealed. 

8  This  section  is  taken  from  section  1782,  Revised  Statutes,  which  is  repealed. 
Sections  1781  and  1782  made  it  illegal  for  an  officer  of  the  United  States  to  have 
such  connection  with  a  Government  contract  as  an  agent,  attorney,  or  solicitor 
assumes  when  he  procures  or  aids  to  procure  such  a  contract  for  another,  or 
when  he  prosecutes  for  another  against  the  Government  any  claim  founded  on  a 
Government  contract.  But  they  do  not  prohibit  executive  officers  of  the  Govern- 
ment, including  pension  agents,  from  contracting  directly  with  the  Government 
as  principals  in  matters  separate  from  their  offices  and  the  performance  of  their 
official  duties,  or  being  interested  in  such  contracts  after  they  are  procured. 
(14  Opin.  Att.  Gen.,  482;  id.,  133.) 

No  person  dealing  with  a  public  officer  can  be  permitted  to  influence  him  in  a 
way  prejudicial  to  the  Government.  (Garman  v.  U.  S.,  34  Ct.  Cls.,  237.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  461 

any  sum  of  money  is  advanced  by  the  United  States,  in  consideration 
of  any  such  contract  or  agreement,  it  shall  forthwith  be  repaid ;  and 
in  case  of  failure  or  refusal  to  repay  the  same  when  demanded  by 
the  proper  officer  of  the  department  under  whose  authority  such  con- 
tract or  agreement  shall  have  been  made  or  entered  into,  suit  shall 
at  once  be  brought  against  the  person  so  failing  or  refusing  and  his 
sureties,  for  the  recovery  of  the  money  so  advanced.1  Sec.  1H,  id. 

1248.  Officer  contracting  with  Member  of  Congress,  etc. — Whoever, 
being  an  officer  of  the  United  States,  shall  on  behalf  of  the  United 
States,  directly  or  indirectly  make  or  enter  into  any  contract,  bargain, 
or  agreement,  in  writing  or  otherwise,  with  any  Member  of  or  Dele- 
gate to  Congress,  or  any  Resident  Commissioner,  after  his  election  or 
appointment  as  such  Member,  Delegate,  or  Resident  Commissioner, 
and  either  before  or  after  he  has  qualified,  and  during  his  continuance 
in  office,  shall  be  fined  not  more  than  three  thousand  dollars.    Sec. 

115,  id. 

1249.  Same — Exception  as  to  corporations. — Nothing  contained  in 
the  two  preceding  sections  shall  extend,  or  be  construed  to  extend, 
to  any  contract  or  agreement  made  or  entered  into,  or  accepted,  by 
any  incorporated   company,  where  such  contract  or  agreement  is 
made  for  the  general  benefit  of  such  incorporation  or  company;  nor 
to  the  purchase  or  sale  of  bills  of  exchange  or  other  property  by  any 
Member  of  or  Delegate  to  Congress,  or  Resident  Commissioner,  where 
the  same  are  ready  for  delivery,  and  payment  therefor  is  made,  at 
the  time  of  making  or  entering  into  the  contract  or  agreement.    Sec. 

116,  id. 

1250.  Agent  of  corporation,  etc.,  acting  as  agent  of  the  United 
States. — No  officer  or  agent  of  any  corporation,  joint  stock  company, 
or  association,  and  no  member  or  agent  of  any  firm,  or  person  directly 
or  indirectly  interested  in  the  pecuniary  profits  or  contracts  of  such 
corporation,  joint  stock  company,  association,  or  firm,  shall  be  em- 
ployed or  shall  act  as  an  officer  or  agent  of  the  United  States  for  the 
transaction  of  business  with  such  corporation,  joint  stock  company, 

lrThis  paragraph  supersedes  section  3739  of  the  Revised  Statutes,  which  is 
repealed.  Sections  3739  to  3742,  Revised  Statutes,  made  it  illegal  for  an  officer 
of  the  United  States  to  contract  for  or  purchase  for  the  United  States,  any  sup- 
plies from  a  Member  or  Delegate  to  Congress  or  from  a  firm  or  association 
other  than  an  incorporated  company  of  which  such  Member  or  Delegate  was  a 
member  or  in  which  he  was  pecuniarily  interested.  (See  2  Op.  Atty.  Gen.,  40; 
4  id.,  47;  U.  S.  v.  Deitrich,  126  Fed.  Rep.,  671.)  That  section  3739,  Revised 
Statutes,  did  not  affect  contracts  made  with  persons  who  were  simply  elected 
Members  of  or  Delegates  to  Congress,  and  had  not  actually  become  such  by 
being  sworn  in.  (See  Op.  of  Atty.  Gen.,  15  Op.,  280.)  Sections  114  and  115  of 
the  Criminal  Code,  which  supersede  sections  3739  and  3742,  Revised  Statutes, 
broadened  the  legislation  so  as  to  apply  to  Members  of  Congress  from  the  time 
of  their  election  and  before  qualification.  These  sections  did  not,  however,  for- 
bid the  acceptance  of  a  Member  of  Congress  or  other  person  within  their  pro- 
visions as  surety  on  the  bond  of  a  contractor.  (18  Op.  Atty.  Gen.,  287;  Dig.  Op. 
J.  A.  G.  (1912),  p.  353,  B.) 


462  MILITABY   LAWS   OF    THE   UNITED   STATES. 

association,  or  firm.  Whoever  shall  violate  the  provision  of  this  sec- 
tion shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned 
not  more  than  two  years.  Sec.  1^1,  id.,  1097. 

1251.  Bribery. — Whoever  shall  promise,  offer,  or  give,  or  cause  or 
procure  to  be  promised,  offered,  or  given,  any  money  or  other  thing 
of  value,  or  shall  make  or  tender  any  contract,  undertaking,  obliga- 
tion, gratuity,  or  security  for  the  payment  of  money,  or  for  the  de- 
livery or  conveyance  of  anything  of  value,  to  any  officer  of  the  United 
States,  or  to  any  person  acting  for  or  on  behalf  of  the  United  States 
in  any  official  function,  under  or  by  authority  of  any  department  or 
office  of  the  Government  thereof,  or  to  any  officer  or  person  acting  for 
or  on  behalf  of  either  House  of  Congress,  or  of  any  committee  of 
either  House,  or  both  Houses  thereof,  with  intent  to  influence  his 
decision  or  action  on  any  question,  matter,  cause,  or  proceeding  which 
may  at  any  time  be  pending,  or  which  may  by  law  be  brought  before 
him  in  his  official  capacity,  or  in  his  place  of  trust  or  profit,  or  with 
intent  to  influence  him  to  commit  or  aid  in  committing,  or  to  collude 
in,  or  allow,  any  fraud,  or  make  opportunity  for  the  commission  of 
any  fraud,  on  the  United  States,  or  to  induce  him  to  do  or  omit  to  do 
any  act  in  violation  of  his  lawful  duty,  shall  be  fined  not  more  than 
three  times  the  amount  of  money  or  value  of  the  thing  so  offered, 
promised,  given,  made,  or  tendered,  or  caused  or  procured  to  be  so 
offered,  promised,  given,  made,  or  tendered,  and  imprisoned  not  more 
than  three  years.1     Sec.  39,  id.,  1096. 

(This  paragraph  is  the  same  as  section  5451  of  the  Revised  Statutes,  which 
is  repealed.) 

1252.  Extortion. — Every  officer,  clerk,  agent,  or  employee  of  the 
United  States,  and  every  person  representing  himself  to  be  or  assum- 
ing to  act  as  such  officer,  clerk,  agent,  or  employee,  who,  under  color 
.of  his  office,  clerkship,  agency,  or  employment,  or  under  color  of  his 
pretended  or  assumed  office,  clerkship,  agency,  or  employment,  is 
guilty  of  extortion,  and  every  person  who  shall  attempt  any  act  which 
if  performed  would  make  him  guilty  of  extortion,  shall  be  fined  not 
more  than  five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both.2    Sec.  85,  id.,  1104. 

1  Though  an  officer  may  have  full  power  to  enter  into  a  contract,  yet  the  con- 
tract may  be  void  for  fraud  as  having  been  made  by  the  collusion  of  the  officer, 
and  all  negotiations-  and  circumstances  surrounding  the  contract,  as  well  as  its 
terms,  may  be  examined  to  prove  fraud.  (Hitchcock  v.  City  of  Galveston,  3 
Woods,  292.)  Three  persons,  one  of  them  the  Government  agent  who  had 
charge  of  letting  the  contract,  entered  into  an  agreement  by  which  two  were 
to  do  the  work,  and  each  was  to  have  one-third  of  the  profits.  Held  that  such 
a  contract  was  a  fraud  on  the  Government,  and  that  an  action  founded  thereon 
by  one  partner  against  the  other  could  not  be  maintained.  (Bartle  v.  Coleman. 
3  Cranch,  C.  C.,  283.) 

"This  section  is  taken  from  section  5481,  Revised  Statutes,  as  amended  by 
act  of  June  28,  1906  (34  Stat.  546). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  463 

1253.  Witness  accepting  bribe. — Whoever,  being,  or  about  to  be,  a 
witness  upon  a  trial,  hearing,  or  other  proceeding,  before  any  court 
or  any  officer  authorized  by  the  laws  of  the  United  States  to  hear 
evidence  or  take  testimony,  shall  receive,  or  agree  or  offer  to  receive, 
a  bribe,  upon  any  agreement  or  understanding  that  his  testimony 
shall  be  influenced  thereby,  or  that  he  will  absent  himself  from  the 
trial,  hearing,  or  other  proceeding,  or  because  of  such  testimony,  or 
such  absence,  shall  be  fined  not  more  than  two  thousand  dollars,  or 
imprisoned  not  more  than  two  years,  or  both.     Sec.  13 h  id.,  1113. 

1254.  Officer,  etc.,  accepting  bribe. — Whoever,  being  an  officer  of 
the  United  States,  or  a  person  acting  for  or  on  behalf  of  the  United 
States,  in  any  official  capacity,  under  or  by  virtue  of  the  authority 
of  any  department  or  office  of  tha Government  thereof;  or  whoever, 
being  an  officer  or  person  acting  for  or  on  behalf  of  either  House  of 
Congress,  or  of  any  committee  of  either  House,  or  of  both  Houses 
thereof,  shall  ask,  accept,  or  receive  any  money,  or  any  contract, 
promise,  undertaking,  obligation,  gratuity,  or  security  for  the  pay- 
ment of  money,  or  for  the  delivery  or  conveyance  of  anything  of 
value,  with  intent  to  have  his  decision  or  action  on  any  question, 
matter,  cause,  or  proceeding  which  may  at  any  time  be  pending,  or 
which  may  by  law  be  brought  before  him  in  his  official  capacity,  or 
in  his  place  of  trust  or  profit,  influenced  thereby,  shall  be  fined  not 
more  than  three  times  the  amount  of  money  or  value  of  the  thing 
so  asked,  accepted,  or  received,  and  imprisoned  not  more  than  three 
years;  and  shall,  moreover,  forfeit  his  office  or  place  and  thereafter 
be  forever  disqualified  from  holding  any  office  of  honor,  trust,  or 
profit  under  the  Government  of  the  United  States.1     Sec.  117,  id., 
1109. 

1  This  section  is  taken  from  sections  5500,  5501,  and  5502,  Revised  Statutes, 
which  are  repealed. 

An  agreement  to  use  personal  influence  with  a  Government  agent  in  order  to 
procure  a  Government  contract  is  void.  So  where  plaintiff,  being  consul  general 
of  the  Turkish  Government,  agreed  with  defendant  to  use  his  personal  influence 
with  a  special  agent  of  the  Turkish  Goverment  to  procure  contracts  between 
that  Government  and  defendant,  and  did  use  such  influence  with  success,  it 
was  held  that  plaintiff  could  maintain  no  action  for  his  services  in  procuring 
such  contracts.  (Oscanyan  v.  Arms  Company,  13  Otto,  261.) 


CHA.FTER    XXX, 


PUBLIC  PROPERTY. 


Par. 
Acquisition  and  accountability.  1255-1262 

Power  to  acquire  and  dispose  of 
the  property  of  the  United 

States  vested  in  Congress 1255 

Personal  property : 1256-1262 

Charges  for  failure  to  account 
therefor  to  be  certified  to  the 
accounting  officers 1256 

Same—  nature  and  effect  of  cer- 
tificates  1257 

Officer  to  have  opportunity  to 
relieve  himself  from  account- 
ability  1258 

Regulations  by  heads  of  depart- 
ments   1259 

Accounts  of  company  command- 
ers therefor,  affidavits  to  be 
considered  in  case  of  loss 1260 

Disposition  of  damaged  or  un- 
suitable property 1261 

Sale,  barter,  etc.,  of  clothing, 
arms,  etc.,  furnished  to  sol- 
diers   1262 

Offenses    against     personal     prop- 
erty    1263-1267 

Embezzlement,  stealing,  etc. .   1263 

Same 1264 

Robbery,  larceny,  etc 1265 

Receiving  stolen  property 1266 

Aiding  or  abetting  with  intent 
to  defraud  any  captor  or  claim- 
ant of  property  captured  as  a 

prize 1267 

Real  property — public  lands..  1268-1273 

Lands  reserved  not  subject  to 
preemption 1268 

Same — not  subject  to  reserva- 
tion for  town  sites 1269 

Soldiers'  homesteads 1270 

Same — deduction  for  military 
service  from  time  required  to 
perfect  title 1271 

Same — military  service  equiva- 
lent to  residence 1272 

Same  —may  enter  by  agent 1273 

48985°— 15 30 


Par. 

Acquisition  of  land 1274-1279 

Purchase  to  be  authorized  by 

law 1274 

Assent  of  States  to  purchase. . .  1275 
Acquisition  by  condemnation..  1276 

Same — procedure 1277 

Releases  by  officers  of  their  in- 
terests to  the  United  States. .  1278 
Leases  of  property  of  the  United 
States  not  required  for  public 

use 1279 

Military  reservations 1280-1288 

Jurisdiction  over  reservations . .  1280 
Disposition  of  useless  military 

reservations 1281 

Permits  for  rights  of  way  for  re- 
servoirs, conduits,  electrical 

plants,  etc 1282 

Easements  for  rights  of  way  for 
electrical  power,  telephone 

and  telegraph  lines 1283 

Extension  of  State,  county,  and 
teiritorial  roads  across  mili- 
tary reservations 1284 

Proclamation  of  historic  landmarks.  1285 
Permits  for  examination  and  exca- 
vation of  archaeological  sites.  1286 
Same — rules  and  regulations...  1287 
Statute  of  Liberty,  Bedloe's  Is- 
land, N.  Y 1288 

Military  posts 1289-1295 

Establishment — express  author- 
ity of  Congress  required 1289 

Title  papers  to  be  furnished  the 

Attorney  General 1290 

Expenditures  far  repairs — limi- 
tation    1291 

Acquisition  of  leases  in  Hawaii .  1292 

Post  schools 1293 

Post  exchanges 1294 

Sales  of  liquors,  etc.,  prohibited  1295 

National  military  parks 296-1299 

Use  for  military  maneuvers 1296 

Same 1297 

Same — regulations 1298 

Superintendents,  Antietam  Bat- 
tlefield   1299 

465 


466 


MILITARY   LAWS   OF    THE   UNITED   STATES. 


Par. 
National  parks 1300-1301 

Employment  of  troops  in  Yel- 
lowstone National  Park 1 300 

Employment  of  troops  in  na- 
tional parks  in  California 1301 

National  cemeteries 1302-1310 

Maintenance 1302 

Superintendents — selection 1303 

Superintendents — pay  and  quar- 
ters   1304 

Inclosures,  headstones,  and  reg- 
isters   1305 

Erection  of  headstones  in  pri- 
vate cemeteries 1306 

Record  of  names  and  places  of 
burial 1307 

Burial  in  national  cemeteries — 
soldiers,  sailors,  and  marines 
entitled  thereto 1308 

Same — Ai  my  nurses 1309 

Jurisdiction 1310 


Par. 
Offenses  against  real  property.  1311-1318 

Cutting  or  injuring  timber,  etc.  1311 

Cutting  and  chipping  trees  to 
secure  pitch,  etc 1312 

Removal,  destruction,  etc.,  of 
section  corners  and  meander 
posts 1313 

Breaking  fences,  driving  cattle, 
etc.,  upon  reservations 1314 

Trespass  upon  or  injury  to 
mines,  torpedos,  fortifica- 
tions, etc 1315 

Setting  fire  to  or  injuring  arse- 
nals, armories,  magazines, 
etc 1316 

Entry  upon  reservation  for  a 
purpose  prohibited  by  law. . .  1317 

Employment  of  force  to  remove 
unlawful  inclosures...  .  1318 


ACQUISITION  *  AND  ACCOUNTABILITY. 

1255.  Power  to  acquire  and  dispose  of  the  property  of  the  United 
States  vested  in  Congress. — The  Congress  shall  have  power  to  dis- 
pose of  and  make  all  needful  rules  and  regulations  respecting  the  ter- 
ritory or  other  property  belonging  to  the  United  States.2  Constiti- 
tion,  Art.  7F,  sec.  3. 

1  The  acquisition  of  property  on  beh'alf  of  the  United  States,  unless  the  same 
be  authorized  by  law,  is  prohibited  by  sections  3732  and  3736  Revised  Statutes. 
(See  paragraphs  1190  and  1192,  ante,  under  chapter  entitled  Contracts  and 
purchases. ) 

2  This  fundamental  rule  of  our  public  law  is  expressed  by  Attorney-General 
Hoar  (13  Opins.,  46)  .as  follows:  "I  am  clearly  of  opinion  that  the  Secretary 
of  War  can  not  convey  to  any  person  any  interest  in  land  belonging  to  the 
United  States,  except  in  pursuance  of  an  act  of  Cogress  expressly  or  impliedly 
authorizing  him  to  do  so."     (And  see  U.  S.  v.  Nichols,  1  Paine,  646  (cited  post)  ; 
Seabury  v.  Field,  McAllister,  1 ;  U.  S.  v.  Hare,  4  Sawyer,  653,  669.) 

See  Friedman  v.  Goodwin  (1  McAllister,  148),  where  a  lease  made  by  the 
post  commander  at  San  Francisco,  of  a  part  of  a  "  government  reserve,"  though 
approved  by  the  military  governor  of  the  then  Territory,  and  also  by  the  Secre- 
tary of  the  Interior,  was  held  void  because  not  authorized  by  Congress.  The 
court  declares  the  "  utter  impotency  of  any  attempt  by  an  officer  of  the  Govern- 
ment to  alien  any  land,  the  property  of  the  United  States,  without  the  authority 
of  an  act  of  Congress ;"  adding  that  "  the  President,  with  the  heads  of  the 
Departments  combined,"  could  not  effect  such  an  object.  (And  see  4  Opins. 
Atty.  Gen.,  480 ;  9  id.,  476 ;  13  id.,  46 ;  U.  S.  v.  Hare,  4  Sawyer,  670-671. )  In  the 
last  case  the  court  say :  "  The  Secretary  of  the  Treasury  can  not  execute  or 
approve  of  a  lease  of  any  property  belonging  to  the  United  States  without 
special  authority  of  law." 

The  leading  case  on  this  point  is  United  States  v.  Nichols  (1  Paine,  U.  S. 
Circ.  Ct.  R.,  646),  in  which  it  was  held  that  a  sale  or  loan,  by  the  commandant 
of  an  arsenal,  of  a  quantity  of  lead  belonging  to  the  United  States,  was  illegal 
and  invalid.  The  court  say:  "The  Constitution  declares  that  'Congress  shall 
have  power  to  dispose  of  and  make  all  needful  rules  and  regulations  respecting 
the  territory  or  other  property  belonging  to  the  United  States.'  No  public 
property  can  therefore  be  disposed  of  without  the  authority  of  law,  either  by  an 
express  act  of  Congress  for  that  purpose,  or  by  giving  the  authority  to  some 
Department  or  subordinate  agent  No  law  has  been  shown  authorizing  the 
sale  of  this  lead;  nor  is  any  such  authority  to  be  inferred  from  the  general 


MILITARY   LAWS   OF   THE   UNITED   STATES.  467 

PERSONAL  PROPERTY. 

1256.  Charges  for  failure  to  account  therefor  to  be  certified  to  the 
accounting  officers. — That  instead  of  forwarding  to  the  accounting 
officers  of  the  Treasury  Department  returns  of  public  property  in- 
trusted to  the  possession  of  officers  or  agents,  the  Quartermaster- 
General,  the  Commissary-General  of  Subsistence,  the  Surgeon-Gen- 
eral, the  Chief  of  Engineers,  the  Chief  of  Ordnance,  the  Chief  Signal 
Officer,  the  Paymaster-General  of  the  Navy,  the  Commissioner  of 
Indian  Affairs,  or  other  like  chief  officers  in  any  Department,  by, 
through,  or  under  whom  stores,  supplies,  and  other  public  property 
are  received  for  distribution,  or  whose  duty  it  is  to  receive  or  examine 
returns  of  such  property,  shall  certify  to  the  proper  accounting  offi- 
cer of  the  Treasury  Department,  Jor  debiting  on  the  proper  account, 
any  charge  against  any  officer  or  agent  intrusted  with  public  prop- 
erty, arising  from  any  loss,  accruing  by  his  fault,  to  the  Government 
as  to  the  property  so  intrusted  to  him.1  Sec.  1,  Act  of  Mar.  29,  1894 
Stat.47). 


power  vested  in  any  of  the  Departments  of  the  Government.  The  power,  if 
lodged  anywhere,  would  seem  most  appropriately  to  belong  to  the  War  Depart- 
ment. But  there  is  no  such  express  or  implied  power  in  that  Department  to 
sell  the  public  property  put  under  its  management."  And  see  the  same  prin- 
ciple recognized  in  an  opinion  of  the  Attorney-General  (in  16  Opins.,  477),  in 
which  it  is  held  that  the  Secretary  of  War  was  not  empowered  to  sell  arms  to 
a  State  in  the  absence  of  authority  from  Congress. 

See  Dig.  Opin.  J.  A.  G'.,  pp.  901-906,  edition  1912,  for  further  and  extended 
discussion  of  this  subject. 

1  The  effect  of  the  above  statute  was  to  divest  the  Auditor  of  the  jurisdiction 
theretofore  possessed  by  him  over  the  property  accounts  and  transactions  of 
officers  of  the  Navy  (and  War)  Department,  and  to  relieve  him  of  all  responsi- 
bility in  relation  to  the  disposition  of  property  intrusted  to  said  officers,  except 
in  cases  where  the  officer  "  whose  duty  it  is  to  receive  or  examine  returns  of 
such  property  shall  certify  to  the  proper  accounting  officer  of  the  Treasury 
Department  (the  Auditor),  for  debiting  on  the  proper  account  any  charge 
against  any  officer  or  agent  intrusted  with  public  property,  arising  from  any 
loss,  accruing  by  his  fault,  to  the  Government  as  to  the  property  so  intrusted 
to  him." 

Under  this  act  the  duty  and  responsibility  of  determining  questions  relating 
to  the  correct  disposition  or  loss  of  property  in  the  Marine  Corps  have  been 
transferred  to  and  vested  in  the  proper  officer  of  the  Navy  Department,  and  it 
seems  clear  that  the  Auditor  will  have  no  authority  over  or  in  relation  to  the 
property  mentioned  in  the  cash  voucher  evidencing  the  purchase  of  forage 
under  consideration  until  he  has  been  furnished  with  a  certificate  required  by 
section  1  of  said  act. 

Jurisdiction  over  property  accounts  can  not  be  given  to  the  Auditor  by  inject- 
ing papers  into  cash  accounts  tending  to  show  what  disposition  has  been  made 
of  the  property.  Such  evidence  may  well  be  excluded  from  the  cash  accounts, 
and  the  responsibility  for  determining  questions  relating  to  property  accounta- 
bility be  left  where  it  belongs,  where  the  law  has  placed  it.  (2  Comp.  Dec., 
264,  267,  268;  4  id.,  422.) 

In  the  case  of  Isaac  W.  Patrick,  Indian  agent  at  the  Great  Nemaha  Agency, 
upon  a  suit  to  recover  on  his  bond  for  public  property  alleged  to  have  been 
unaccounted  for,  such  failure  to  account  having  been  shown  to  be  due  to  clerical 
errors,  it  was  held  by  the  circuit  court  of  appeals  for  the  Eighth  circuit,  in 
March,  1896,  that  "a  Government  agent  is  not  to  be  held  liable  for  property 
still  in  the  possession  of  the  agency  and  which  has  never  been  lost,  merely 
because  a  careless  clerk,  appointed  by  the  Government  itself  to  keep  the  ac- 
counts of  the  agent,  has  omitted  it  from  the  return  which  he  is  required  to 
make."  (U.  S.  v.  Patrick,  73  Fed.  Rep.,  800.) 

The  failure  of  an  Indian  agent,  through  clerical  errors,  to  include  in  his 
accounts  property  which,  in  fact,  remains  at  the  agency,  and  which  is  not  lost 


468  MILITARY   LAWS   OF   THE   UNITED   STATES. 

1257.  Same — Nature  and  effect  of  certificates. — That  said  certificate 
shall  set  forth  the  condition  of  such  officer's  or  agent's  property  re- 
turns, that  it  includes  all  charges  made  up  to  its  date  and  not  pre- 
viously certified,  that  he  has  had  a  reasonable  opportunity  to  be 
heard  and  has  not  been  relieved  of  responsibility ;  the  effect  of  such 
certificate,  when  received,  shall  be  the  same  as  if  the  facts  therein 
set  forth  had  been  ascertained  by  the  accounting  officers  of  the  Treas- 
ury Department  in  accounting.    Sec.  #,  id. 

1258.  Officer  to  have  opportunity  to  relieve  himself  from  liability. — 
That  the  manner  of  making  property  returns  to  or  in  any  adminis- 
trative bureau  or  department,  or  of  ascertaining  liability  for  prop- 
erty, under  existing  laws  and  regulations,  shall  not  be  affected  by 
this  act,  except  as  provided  in  section  one ;  but  in  all  cases  arising  as 
to  such  property  so  intrusted  the  officer  or  agent  shall  have  an  oppor- 
tunity to  relieve  himself  from  liability.1    Sec.  3,  id. 

1259.  Regulations  ~by  heads  of  departments. — The  heads  of  the 
several  Departments  are  hereby  empowdered  to  make  and  enforce 
regulations  to  carry  out  the  provisions  of  this  act.    All  laws  or  parts 
of  laws  inconsistent  with  the  provisions  of  this  act  are  hereby  re- 
pealed.2    Sees.  4  and  5,  id. 

1259J.  Public  property  under  Quartermaster  General,  system  of 
accountability  for. — The  Quartermaster-General,  under  the  direction 
of  the  Secretary  of  War,  shall  prescribe  and  enforce  a  system  of 
accountability  for  all  quartermaster's  supplies  to  the  Army  or  to 
officers,  seamen,  and  marines.  And  he  shall  account  to  the  Secretary 
of  War  at  least  once  in  three  months  for  all  property  and  money 
that  may  pass  through  his  hands,  or  the  hands  of  his  subordinate 
officers.  Sec.  1139,  R.  8.,  as  amended  ly  Act  of  Feb.  27,  1877  (19 
Stat.  21$}. 

1260.  Accounts  of  company  commanders  therefor — Affidavits  to  be 
considered  in  case  of  loss. — In  settling  the  accounts  of  the  commanding 
officer  of  a  company  for  clothing  and  other  military  supplies,  the 
affidavit  of  any  such  officer  may  be  received  to  show  the  loss  of  vouch- 
ers or  company  books,  or  any  matter  or  circumstance  tending  to 
prove  that  any  apparent  deficiency  was  occasioned  by  unavoidable 
accident  or  lost  in  actual  service,  without  any  fault  on  his  part,  or 
that  the  whole  or  any  part  of  such  clothing  and  supplies  had  been 
properly  and  legally  used  and  appropriated;  and  such  affidavit  may 
be  considered  as  evidence  to  establish  the  facts  set  forth,  with  or  with- 

to  the  Government,  does  not  entitle  the  United  States  to  recover  the  value 
thereof  in  a  suit  on  his  bond;  and  he  may  show  these  facts  in  defense.  The 
technical  failure  to  account  would  authorize  a  recovery  of  no  more  than  nominal 
damages.  (Id.) 

1  Section  12  of  the  act  of  July  31,  1894  (28  Stat.  208),  requiring  certain  quar- 
terly accounts  to  be  rendered  within  twenty  days  after  the  expiration  of  the 
quarter  to  which  they  relate,  has  no  application  to  property  returns,  the  rendi- 
tion of  which  is  regulated  by  the  act  of  March  29,  1894.     (3  Comp.  Dec.,  422.) 

2  For  regulations  prepared  and  promulgated  by  the  Secretary  of  War  in  exe- 
cution of  the  above  enactment,  see  paragraphs  693-703,  Army  Regulations  of 
1913. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  469 

out  other  evidence,  as  may  seem  to  the  Secretary  of  War  just  and 
proper  under  the  circumstances  of  the  case.1    Sec.  £25,  R.  S. 

.1261.  Disposition  of  damaged  or  unsuitable  property. — The  Presi- 
dent may  cause  to  be  sold  any  military  stores  which,  upon  proper  in- 
spection or  survey,  appear  to  be  damaged,  or  unsuitable  for  the  public 
service.  Such  inspection  or  survey  shall  be  made  by  officers  desig- 
nated by  the  Secretary  of  War,  and  the  sales  shall  be  made  under 
regulations  prescribed  by  him.2  Sec.  12^1,  R.  S. 

1262.  Sale,  barter,  etc.,  of  clothing,  arms,  etc.,  furnished  to  soldiers. — 
The  clothes,  arms,  military  outfits,  and  accouterments  furnished  by 
the  United  States  to  any  soldier  shall  not  be  sold,  bartered,  ex- 
changed, pledged,  loaned,  or  given  away;  and  no  person,  not  a  soldier 
or  duly  authorized  officer  of  the  United  States,  who  has  possession  of 
any  such  clothes,  arms,  military  outfits,  or  accouterments  so  fur- 
nished, and  which  have  been  the  subjects  of  any  such  barter,  exchange, 
pledge,  loan,  or  gift,  shall  have  any  right,  title,  or  interest  therein, 
but  the  same  may  be  seized  and  taken  wherever  found  by  any  officer 
of  the  United  States,  civil  or  military,  and  shall  thereupon  be  de- 
livered to  any  quartermaster  or  other  officer  authorized  to  receive 
the  same.     The  possession  of  any  such  clothes,  arms,  military  outfits, 
or  accouterments  by  any  person  not  a  soldier  or  officer  of  the  United 
States  shall  be  presumptive  evidence  of  such  a  sale,  barter,  exchange, 
pledge,  loan,  or  gift.3    Sec.  371^8,  R.  S. 

OFFENSES  AGAINST  PERSONAL  PROPERTY. 

1263.  Embezzlement,  stealing,  etc. — Whoever  shall  embezzle,  steal, 
or  purloin  any  money,  property,  record,  voucher,  or  valuable  thing 
whatever,  of  the  moneys,  goods,  chattels,  records,  or  property  of  the 
United  States,  shall  be  fined  not  more  than  five  thousand  dollars,  or 
imprisoned  not  more  than  five  years,  or  both.4    Sec.  Ifl,  Act  of  Mar. 
4, 1909,  Criminal  Code  (35  Stat.  1097). 

1  Sections  1303  and  1304,  Revised  Statutes,  require  that  deficiency  in  or  dam- 
age to  any  article  of  military  supplies  and  repairs  or  damages  to  arms,  etc.,  due 
to  negligence  shall  be  charged  against  the  delinquent,  and  that  the  cost  or  value 
thereof  shall  be  deducted  from  his  pay.  (See  pars.  690  and  691,  ante,  under 
chapter  entitled  "The  Quartermaster  Corps.") 

For  regulations  relative  to  damaged,  lost,  or  destroyed  military  property,  see 
paragraphs  6S2-692,  Army  Regulations  of  1913. 

For  provisions  respecting  boards  of  survey,  see  paragraphs  710-726,  id. 

a  For  statutes  authorizing  and  regulating  the  disposition  of  obsolete  and  un- 
serviceable ordnance  and  ordnance  stores,  see  paragraphs  842-846,  ante,  under 
chapter  entitled  "  The  Ordnance  Department." 

Steamships  in  the  transport  service  can  not  be  disposed  of  without  consent 
of  Congress.  (See  par.  134,  ante,  under  the  chapter  entitled  "The  Department 
of  War."  See  Dig.  Opin.  J.  A.  G.  (1912),  pp.  957-960.) 

1  See  Dig.  Opin.  J.  A.  G.  (1912),  pp.  960  and  961. 

4  Sections  44  and  286  of  the  criminal  code  make  it  a  criminal  offense  to  injure 
or  destroy  the  works  or  material  of  any  submarine  mine  or  torpedo,  or  to  injure  or 
destroy  any  vessel  or  material  for  building  or  repairing  vessels,  or  any  military 
stores  or  munitions  of  war.  (See. pars.  1315  and  1316,  post.) 

For  offenses  of  officers  and  enlisted  men  against  the  personal  property  of  the 
Unltec!  States,  see  the  fifteenth,  sixteenth,  and  seventeenth  Articles  of  War. 


470  MILITARY   LAWS  OF   THE   UNITED   STATES. 

1264.  Same. — Whoever  shall  steal,  embezzle,  or  knowingly  apply  to 
his  own  use,  or  unlawfully  sell,  convey,  or  dispose  of,  any  ordnance, 
arms,  ammunition,  clothing,  subsistence,  stores,  money,  or  other  prop- 
erty of  the  United  States,  furnished  or  to  be  used  for  the  military 
or  naval  service,  shall  be  punished  as  prescribed  in  the  preceeding 
section.1     Sec.  36,  id.,  1096. 

1265.  Rol)l>ery,  larceny,  etc. — Whoever  shall  rob  another  of  any 
kind  or  description  of  personal  property  belonging  to  the  United 
States,  or  shall  feloniously  take  and  carry  away  the  same,  shall  be 
fined  not  more  than  five  thousand  dollars,  or  imprisoned  not  more 
than  ten  years,  or  both.     Sec.  1^6,  id.,  1097. 

1266.  Receiving  stolen  property. — Whoever  shall  receive,  conceal, 
or  aid  in  concealing,  or  shall  have  or  retain  in  his  possession  with 
intent  to  convert  to  his  own  use  or  gain,  any  money,  property,  record, 
voucher,  or  valuable  thing  whatever,  of  the  moneys,  goods,  chattels, 
records,  or  property  of  the  United  States,  which  has  theretofore 
been  embezzled,  stolen,  or  purloined  by  any  other  person,  knowing 
the  same  to  have  been  so  embezzled,  stolen,  or  purloined,  shall  be 
fined  not  more  than  five  thousand  dollars,  or  imprisoned  not  more 
than  five  years,  or  both ;  and  such  person  may  be  tried  either  before 
or  after  the  conviction  of  the  principal  offender.2     Sec.  1^8,  id.,  1098. 

1267.  Aiding  or  abetting  with  intent  to  defraud  any  captor  or 
claimant  of  property  captured  as  a  prize. — Whoever  shall  willfully 
do,  or  aid  or  advise  in  the  doing,  of  any  act  relating  to  the  bringing 
in,  custody,  preservation,  sale,  or  other  disposition  of  any  property 
captured  as  prize,  or  relating  to  any  documents  or  papers  connected 
with  the  property,  or  to  any  deposition  or  other  document  or  paper 
connected  with  the  proceedings,  with  intent  to  defraud,  delay,  or 
injure  the  United  States  or  any  captor  or  claimant  of  such  prop- 
erty, shall  be  fined  not  more  than  ten  thousand  dollars,  or  imprisoned 
not  more  than  five  years,  or  both.    Sec.  38,  id.,  1096. 

REAL,  PROPERTY PUBLIC   LANDS. 

1268.  Lands  reserved  not  subject  to  preemption. — The  following 
classes  of  lands,  unless  otherwise  specially  provided  for  by  law,  shall 
not  be  subject  to  the  rights  of  preemption,  to  wit: 

First.  Lands  included  in  any  reservation  by  any  treaty,  law,  or 
proclamation    of   the   President,    for    any    purpose.     *  Sec. 

?7?        O 
,  K.  o. 


1  Several  courts  have  held  this  section  unenforceable  on  account  of  the  indefi- 
nite nature  of  the  penal  clause.  In  view  of  those  decisions  the  Attorney  General 
has  directed,  by  Circular  No.  308  of  1912,  that  no  more  prosecutions  shall  be 
brought  under  this  section. 

a.For  knowingly  purchasing  or  receiving  in  pledge  from  a  soldier,  sailor,  or 
other  person  employed  in  the  military  service,  arms,  clothing,  etc.,  see  para- 
graph 220,  The  Treasury  Department. 


MILITARY    LAWS   OP   THE   UNITED    STATES.  471 

1269.  Same — Not  subject  to  reservation  for  town-sites. — The  provi- 
sion of  this  chapter1  shall  not  apply  to  military  or  other  reserva- 
tions 2  heretofore  made  by  the  United  States,  nor  to  reservations  for 
light-houses,  custom-houses,  mints,  or  such  other  public  purposes  as 
the  interests  of  the  United  States  may  require,  whether  held  under 
reservations   through   the   Land   Office  by   title   derived   from  the 
Crown  of  Spain  or  otherwise.    Sec.  2393,  R.  S. 

1270.  Soldiers^  homesteads. — Every  private  soldier  and  officer  who 
has  served  in  the  Army  of  the  United  States  during  the  recent  rebel- 
lion for  ninety  days,  and  who  was  honorably  discharged  and  has 
remained  loyal  to  the  Government,  including  the  troops  mustered 
into  the  service  of  the  United  States  by  virtue  of  the  third  section  of 
an  act  approved  February  thirteenth,  eighteen  hundred  and  sixty- 
two,  and  every  seaman,  marine,  and  officer  who  has  served  in  the 
Navy  of  the  United  States  or  in  the  Marine  Corps  during  the  rebel- 
lion for  ninety  days,  and  who  was  honorably  discharged  and  has 
remained  loyal  to  the  Government,  and  every  private  soldier  and 
officer  who  has  served  in  the  Army  of  the  United  States  during  the 
Spanish  war,  or  who  has  served,  is  serving,  or  shall  have  served  in 

1  Chapter  8,  Revised  Statutes,  relating  to  the  reservation  and  survey  of  town 
sites  on  the  public  lands. 

2  Military   reservations. — No   specific   statutory  authority   exists  empowering 
the  President  to  reserve,  public  lands;  but  the  right  to  reserve  such  lands  for 
public  uses  is  recognized  by  the  courts.      (14  Dec.  Int.  Dept,  426,  607,  628; 
Wolsey  v.  Chapman,  101  TJ.  S.,  755,  768;  Walcott  v.  Des  Moines  Co.,  5  Wall., 
681.)      Such   reservation   may   be   effected   by   proclamation   or   by   Executive 
order.     (13  Dec.  Int.  Dept.,  426.) 

Mineral  lands  belonging  to  the  public  domain,  which  are  reserved  from  sale 
under  section  2318  of  the  Revised  Statutes,  may  be  reserved  for  military  or 
other  purposes  by  the  President.  Where  such  lands  are  included  in  a  military 
reservation,  they  are  not  open  to  exploration  and  purchase  under  section  2319 
of  the  Revised  Statutes.  It  is  otherwise  where  a  right  has  once  attached  to 
mineral  land,  under  the  laws  relating  thereto,  in  favor  of  the  locator  of  a 
mining  claim.  Here  the  land,  during  the  existence  of  such  right,  is  not  subject 
to  reservation  by  the  President ;  and  if  it  be  subsequently  reserved,  the  locator 
may  nevertheless  perfect  his  title.  (17  Opin.  Att.  Gen.,  230.) 

When  public  land  subject  to  homestead  settlement  has  been  duly  entered 
under  the  homestead  law,  it  thenceforth  ceases  to  be  at  the  disposal  of  the 
Government  so  long  as  the  entry  of  the  settler  subsists.  Hence  it  can  not,  while 
such  entry  stands,  be  set  apart  by  the  President  for  a  military  reservation. 
(Id.,  160.) 

Where  a  part  of  the  public  domain  has  once  been  reserved  by  the  President 
for  military  or  other  public  purposes,  and  subsequently  the  land  so  reserved 
becomes  unnecessary  for  such  purposes,  it  can  not  be  restored  to  the  public 
domain  without  authority  from  Congress.  (Id.,  168;  16  id.,  123.) 

By  Article  VI,  section  2,  of  the  Constitution,  "  all  treaties  made  under  the 
authority  of  the  United  States  "  are  declared  to  be  "  the  supreme  law  of  the 
land " ;  and  Indian  reservations  "  have  generally  been  made  through  the 
exercise  of  the  treaty-making  power,  and  in  fulfillment  of  treaty  obligations. 
(14  id.,  182.)  That  land  can  not  be  reserved  or  occupied  for  military  purposes 
to  the  prejudice  of  a  title  previously  vested  in  an  individual  or  a  corporation, 
see,  futher,  9  id.,  339 ;  13  id.,  469. 

See  Land  Dec.  Int.  Dept,  6  id.,  18,  317;  13  id..  426,  607,  628,  30  id.,  276;  8  Fed. 
Rep.,  883;  12  id.,  449;  92  U.  S.,  733;  101  id.,  768;  5  Wallace,  681. 

For  further  discussion  of  this  subject  of  the  reservation  of  public  lands,  see 
Dig.  Opiu.  J.  A.  G.  (1912),  pp.  922-924,  and  cases  therein  cited. 


472  MILITARY  LAWS  OF   THE  UNITED  STATES. 

the  said  Army  during  the  suppression  of  the  insurrection  in  the 
Philippines  for  ninety  days,  and  who  was  or  shall  be  honorably  dis- 
charged ;  and  every  seaman,  marine,  and  officer  who  has  served  in  the 
Navy  of  the  United  States  or  in  the  Marine  Corps  during  the  Span- 
ish war,  or  who  has  served,  is  serving,  or  shall  have  served  in  the 
said  forces  during  the  suppression  of  the  insurrection  in  the  Philip- 
pines for  ninety  days,  and  who  was  or  shall  be  honorably  discharged, 
shall,  on  compliance  with  the  provisions  of  this  chapter,  as  herein- 
after modified,  be  entitled  to  enter  upon  and  receive  patents  for  a 
quantity  of  public  lands  not  exceeding  one  hundred  and  sixty  acres, 
or  one  quarter  section,  to  be  taken  in  compact  form,  according  to 
legal  subdivisions,  including  the  alternate  reserved  sections  of  public 
lands  along  the  line  of  any  railroad  or  other  public  work  not 
•otherwise  reserved  or  appropriated,  and  other  lands  subject  to  entry 
under  the  homestead  laws  of  the  United  States ;  but  such  homestead 
settler  shall  be  allowed  six  months  after  locating  his  homestead  and 
filing  his  declaratory  statement  within  which  to  make  his  entry 
and  commence  his  settlement  and  improvement.  Sec.  230^  R.  £., 
as  amended  ly  Act  of  Mar.  1, 1901  (31  Stat.  847). 

1271.  Same — Deduction  for  military  service  from  time  required  to 
perfect  title. — The  time  which  the  homestead  settler  has  served  in 
the  Army,  Navy,  or  Marine  Corps  shall  be  deducted  from  the  time 
heretofore  required  to  perfect  title,  or  if  discharged  on  account  of 
wounds  received  or  disability  incurred  in  the  line  of  duty,  then  the 
term  of  enlistment  shall  be  deducted  from  the  time  heretofore  re- 
quired to  perfect  title,  without  reference  to  the  length  of  time  he 
may  have  served;  but  no  patent  shall  issue  to  any  homestead  settler 
who  has  not  resided  upon,  improved,  and  cultivated  his  homestead 
for  a  period  of  at  least  one  year  after  he  shall  have  commenced  his 
improvements:  Provided,  That  in  every  case  in  which  a  settler  on 
the  public  land  of  the  United  States  under  the  homestead  laws  died 
while  actually  engaged  in  the  Army,  Navy,  or  Marine  Corps  of  the 
United  States  as  private  soldier,  officer,  seaman,  or  marine,  during 
the  war  with  Spain  or  the  Philippine  insurrection,  his  widow,  if  un- 
married, or  in  case  of  her  death  or  marriage,  then  his  minor  orphan 
children  or  his  or  their  legal  representatives,  may  proceed  forthwith 
to  make  final  proof  upon  the  land  so  held  by  the  deceased  soldier  and 
settler,  and  that  the  death  of  such  soldier  while  so  engaged  in  the 
service  of  the  United  States  shall,  in  the  administration  of  the  home- 
stead laws,  be  construed  to  be  equivalent  to  a  performance  of  all  re- 
quirements as  to  residence  and  cultivation  for  the  full  period  of 
five  years,  and  shall  entitle  his  widow,  if  unmarried,  or  in  case  of 
her  death  or  marriage,  then  his  minor  orphan  children  or  his  or 
their  legal  representatives,  to  make  final  proof  upon  and  receive 
Government  patent  for  said  land;  and  that  upon  proof  produced  to 


MILITARY   LAWS   OF   THE   UNITED   STATES.  473 

the  officers  of  the  proper  local  land  office  by  the  widow,  if  unmarried, 
or  in  case  of  her  death  or  marriage,  then  his  minor  orphan  children 
or  his  or  their  legal  representatives,  that  the  applicant  for  patent  is 
the  widow,  if  unmarried,  or  in  case  of  her  death  or  marriage,  his 
orphan  children  or  his  or  their  legal  representatives,  and  that  such 
soldier,  sailor,  or  marine  died  while  in  the  service  of  the  United 
States  as  hereinbefore  described,  the  patent  for  such  land  shall  issue.1 
Sec.  2305,  R.  £.,  as  amended  ly  Act  of  Mar.  1, 1901  (31  Stat.  847). 

1272.  Same — Military  service  equivalent  to  residence. — Where  a 
party  at  the  date  of  his  entry  of  a  tract  of  land  under  the  homestead 
laws,  or  subsequently  thereto,  was  actually  enlisted  and  employed  in 
the  Army  or  Navy  of  the  United  States,  his  services  therein  shall, 
in  the  administration  of  such  homestead  laws,  be  construed  to  be 
equivalent,  to  all  intents  and  purposes,  to  a  residence  for  the  same 
length  of  time  upon  the  tract  so  entered.  And  if  his  entry  has  been 
canceled  by  reason  of  his  absence  from  such  tract  while  in  the  mili- 
tary or"  naval  service  of  the  United  States,  and  such  tract  has  not 
been  disposed  of,  his  entry  shall  be  restored;  but  if  such  tract  has 
been  disposed  of,  the  party  may  enter  another  tract  subject  to  entry 
under  the  homestead  laws,  and  his  right  to  a  patent  therefor  may  be 
determined  by  the  proofs  touching  his  residence  and  cultivation  of 
the  first  tract  and  his  absence  therefrom  in  such  service.  Sec.  2308, 
R.S. 

In  every  case  in  which  a  settler  on  the  public  land  of  the  United 
States  under  the  homestead  laws  enlists  or  is  actually  engaged  in  the 
Army:  Navy,  or  Marine  Corps  of  the  United  States  as  private  soldier, 
officer,  seaman,  or  marine,  during  the  existing  war  with  Spain,  or 
during  any  other  war  in  which  the  United  States  may  be  engaged, 
his  services  therein  shall,  in  the  administration  of  the  homestead 
laws,  be  construed  to  be  equivalent  to  all  intents  and  purposes  to 
residence  and  cultivation  for  the  same  length  of  time  upon  the  tract 
entered  or  settled  upon;  and  hereafter  no  contest  shall  be  initiated 
on  the  ground  of  abandonment,  nor  allegation  of  abandonment  sus- 
tained against  any  such  settler,  unless  it  shall  be  alleged  in  the  pre- 
liminary affidavit  or  affidavits  of  contest,  and  proved  at  the  hearing 
in  cases  hereafter  initiated,  that  the  settler's  alleged  absence  from 
the  land  was  not  due  to  his  employment  in  such  service:  Provided, 
That  if  such  settler  shall  be  discharged  on  account  of  wounds  re- 
ceived or  disability  incurred  in  the  line  of  duty,  then  the  term  of  his 
enlistment  shall  be  deducted  from  the  required  length  of  residence 

1  Section  4,  Act  of  April  27,  1904  (33  Stat.  322)  provides  that  "  The  rights  of 
honorably  discharged  Union  soldiers  and  sailors  of  the  late  civil  and  the  Spanish 
war,  as  defined  and  described  in  sections  twenty-three  hundred  and  four  and 
twenty-three  hundred  and  five  of  the  Revised  Statutes,  as  amended  by  the  act 
of  March  first,  nineteen  hundred  and  one,  shall  not  be  abridged." 


474  MILITARY  LAWS  OF   THE  UNITED  STATES. 

without  reference  to  the  time  of  actual  service:  Provided  further, 
That  no  patent  shall  issue  to  any  homestead  settler  who  has  not 
resided  upon,  improved,  and  cultivated  his  homestead  for  a  period 
of  at  least  one  year  after  he  shall  have  commenced  his  improvements. 
Act  of  June  16, 1898  (30  Stat.  473). 

1273.  Same — May  enter  ~by  agent. — Every  soldier,  sailor,  marine, 
officer,   or  other   person   coming   within  the   provisions   of   section 
twenty-three  hundred  and  four,  may,  as  well  by  an  agent  as  in  per- 
son, enter  upon  such  homestead  by  filing  a  declaratory  statement,  as 
in  preemption  cases;   but  such  claimant  in  person  shall  within  the 
time  prescribed  make  his  actual  entry,  commence  settlements  and 
improvements  on  the  same,  and  thereafter  fulfill  all  the  requirementsi 
of  law.    Sec.  2309,  R.  S. 

ACQUISITION   OF  LANDS. 

1274.  Purchases  to  ~be  authorized  ~by  law. — No  land  shall  be  pur- 
chased on  account  of  the  United  States,  except  under  a  law  authoriz- 
ing such  purchase.1    Sec.  3736,  R.  S. 

1  See  chapters  entitled  The  Department  of  Justice,  Contracts  and  Purchases, 
and  The  Engineer  Corps  for  additional  provisions  respecting  the  acquisition  of 
lands.  "  When,  in  an  act  appropriating  for  the  purchase  of  additional  land 
for  a  public  building,  the  piece  of  ground  to  be  purchased  is  particularly  de- 
scribed, the  appropriation  can  not  be  used  for  the  purchase  of  another  tract 
equally  suitable  for  the  purpose,  and  at  a  price  within  the  sum  provided,  although 
the  piece  named  can  not  be  secured  within  the  amount  appropriated."  (2 
Comp.  Dec.,  77.)  See  also  section  1136,  Revised  Statutes  (par.  1289,  post),  for 
provision  requiring  all  officers  of  the  United  States  having  title  papers  of  prop- 
erty, purchased  or  about  to  be  purchased,  in  their  possession  to  furnish  the 
same  forthwith  to  the  Attorney-General. 

Lands  acquired  by  the  United  States  for  public  uses,  by  purchase  with  the 
consent  of  the  legislatures  of  the  States,  or  acquired  by  an  exercise  of  the  right 
of  eminent  domain  are  not  "  public  lands,"  that  term  applying  only  to  such 
lands  as  are  subject  to  sale  or  other  disposition  under  general  laws.  (Newhall 
v.  ganger,  92  U.  S.,  761;  5  Opin.  Alt.  Gen.,  578.)  Power  over  such  lands  is 
vested  in  Congress  by  the  Constitution,  without  limitation,  and  is  the  founda- 
tion upon  which  the  Territorial  governments  rest.  (U.  S.  v.  Gratiot,  14  Pet., 
526.)  The  power  of  Congress  over  the  public  land  and  the  effect  of  its  grants 
can  not  be  interferred  with  by  State  legislation.  (Gibson  v.  Chouteau,  13 
Wall.,  92.) 

Congress  has  the  sole  power  to  declare  the  dignity  and  effect  of  titles  emanat- 
ing from  the  United  States,  and  the  whole  legislation  of  the  Federal  Govern- 
ment, in  reference  to  the  public  lands,  declares  the  patent  the  superior  and 
conclusive  evidence  of  legal  title.  Until  its  issuance  the  fee  is  in  the  Govern- 
ment; by  the  patent,  it  passes  to  the  grantee,  and  he  is  entitled  to  recover  the 
possession  in  ejectment.  (Bagnell  v.  Broderick,  13  Peters,  436,  450;  Wilcox  v. 
Jackson,  id.,  498,  516;  Langdon  v.  Sherwood,  124  U.  S.,  74,  83;  Hussman  v. 
Dunham,  165  U.  S.,  144 ;  Carter  v.  Ruddy,  166  U.  S.,  493 ;  Kirwan  v.  Murphy, 
83  Fed.  Rep.,  275.) 

There  is  no  way  for  titles  to  land  to  be  divested  out  of  the  United  States, 
except  in  strict  pursuance  of  some  law  of  the  United  States,  and,  as  no  statute 
of  limitations  runs  against  the  -United  States,  occupancy  and  possession  alone, 
even  for  a  great  length  of  time,  can  not  ripen  into  title  as  against  the  United 
States.  (Drew  v.  Valentine,  18  Fed.  Rep.,  712.) 

In  the  administration  of  the  public  lands  the  decisions  of  the  Land  Depart- 
ment upon  questions  of  fact  are  conclusive,  and  only  questions  of  law  can  be 
reviewed  by  the  courts.  (Catholic  Bishop  of  Nesqually  v.  U.  S.,  158  U.  S.,  155.) 


MILITARY   LAWS  OF  THE  UNITED   STATES.  475 

1275.  Assent  of  States  to  purchases. — The  President  of  the  United 
States  is  authorized  to  procure  the  assent  of  the  legislature  of  any 
State  within  which  any  purchase  of  land  has'  been  made  for  the 
erection  of  forts,  magazines,  arsenals,  dockyards,  and  other  needful 
buildings  without  such  consent  having  been  obtained.     Sec.  1838, 
R.  S. 

1276.  Acquisition  l>y  condemnation. — In  every  case  in  which  the 
Secretary  of  the  Treasury  or  any  other  officer  of  the  Government  has 
been,  or  hereafter  shall  be,  authorized  to  procure  real  estate  for  the 
erection  of  a  public  building  or  for  other  public  uses  he  shall  be, 
and  hereby  is,  authorized  to  acquire  the  same  for  the  United  States 
by  condemnation,  under  judicial  process,  whenever  in  his  opinion  it 
is  necessary  or  advantageous  to -the  Government  to  do  so,  and  the 
United  States  circuit  or  district  courts  of  the  district  wherein  such 
real  estate  is  located  shall  have  jurisdiction  of  proceedings  for  such 
condemnation,  and  it  shall  be  the  duty  of  the  Attorney-General  of 
the  United  States,  upon  every  application  of  the  Secretary  of  the 
Treasury,  under  this  act,  or  such  other  officer,  to  cause  proceedings 
to  be  commenced  for  condemnation,  within  thirty  days  from  the 
receipt  of  the  application  at  the  Department  of  Justice.1    Sec.  1,  Act 
of  Aug.  7, 1888  (25  Stat.  357}. 

The  expense  of  procuring  an  abstract  of  title  to  land  to  be  used  as  a  site  for 
a  fortification  is  a  proper  charge  against  the  appropriation  made  for  the  pur- 
chase of  the  site,  if  the  abstract  is  needed  by  the  United  States  attorney  to 
assist  him  in  examining  the  title,  provided  the  land  is  to  be  purchased  and 
not  condemned.  (3  Comp.  Dec.,  216.) 

As  to  the  proper  person  to  make  certificate  of  "  no  liens "  see  Dig.  Opin. 
J.  A.  G.,  914  II  A  6  b.  See  also  Dig.  Opin.  J.  A.  G.,  pp.  910  and  911  for  further 
discussion  of  the  application  of  the  above  section  of  the  Revised  Statutes. 

See  G.  O.  47  of  1881  for  Attorney- General's  regulations  as  to  making  deeds, 
proving  title  to  lands,  etc. 

The  act  of  Congress  does  not  prohibit  the  acquisition  by  the  United  States  of 
the  legal  title  to  land,  without  express  legislative  authority,  when  it  is  taken 
by  way  of  security  for  debt.  (Neilson  v.  Lagow,  12  How.,  98.) 

1  The  power  to  take  private  property  for  public  uses,  generally  termed  the 
right  of  eminent  domain,  belongs  to  every  independent  government.  It  is  an 
incident  of  sovereignty  and  requires  no  constitutional  recognition.  The  provi- 
sion found  in  the  fifth  amendment  to  the  Federal  Constitution,  and  in  the 
constitutions  of  the  several  States,  for  just  compensation  for  property  taken, 
is  merely  a  limitation  upon  the  use  of  the  power.  It  is  no  part  of  the  power 
itself,  but  a  condition  upon  which  the  power  may  be  exercised.  (U.  S.  v.  Jone^, 
109  U.  S.,  513,  518;  Boom  Co.  v.  Patterson,  98  U.  S.,  106;  Kohl  v.  U.  S.,  91 
U.  S.,  367;  Cooley  Con.  Lim.,  526;  U.  S.  v.  Oregon  Railway  and  Nav.  Co.,  16 
F.  R.,  524.)  In  some  instances  the  States,  by  virtue  of  their  own  right  of 
eminent  domain,  have  condemned  lands  for  the  use  of  the  General  Government, 
and  such  condemnations  have  been  sustained  by  their  courts,  without,  however, 
denying  the  right  of  the  United  States  to  act  independently  of  the  States. 
(Kohl  v.  U.  S.,  91  U.  S.,  367,  373;  Gilmer  v.  Lime  Point,  18  Cal..  729;  Burt  v. 
Merchants'  Ins.  Co.,  106  Mass.,  356;  U.  S.  v.  Jones,  109  U.  S.,  513.)  The 
estate  acquired  by  such  exercise  of  the  right  of  eminent  domain  on  the  part  of 
the  United  States  may  be  a  fee  simple  or  may  be  in  the  nature  of  an  easement. 
(16  Op.  Att.  Gen.,  387.)  The  legislature  is  the  judge  of  the  necessity  for  exer- 
cising the  right  in  any  case.  (Cooley  Const.  Law,  527.)  It  is  now  well  settled 
that  whenever,  in  the  execution  of  the  powers  granted  to  the  United  States  by 
the  Constitution,  lands  in  any  State  are  needed  by  the  United  States,  for  a 


476  MILITAEY   LAWS   OF   THE   UNITED   STATES. 

1277.  Same — Procedure. — The    practice,    pleadings,    forms,    and 
modes  of  proceeding  in  causes  arising  under  the  provisions  of  this 
act  shall  conform,  as  near  as  may  be,  to  the  practice,  pleadings, 
forms,  and  proceedings  existing  at  the  time  hi  like  causes  in  the 
courts  of  record  of  the  State  within  which  such  circuit  or  district 
courts  are  held,  any  rule  of  the  court  to  the  contrary  notwithstand- 
ing.   Sec.  2,  id. 

1278.  Releases  ~by  officers  of  their  interests  to  the  United  States. — 
Whenever  any  lands  have  been  or  shall  be  conveyed  to  individuals 
or  officers,  for  the  use  or  benefit  of  the  United  States,  the  President 
is  authorized  to  obtain  from  such  person  a  release  of  his  interest  to 
the  United  States.    Sec.  3752,  R.  S. 

1279.  Leases  of  property  of  the  United  States  not  required  for 
public  use. — Authority  is  hereby  given  to  the  Secretary  of  War, 
when  in  his  discretion  it  will  be  for  the  public  good,  to  lease,  for  n 
period  of  not  exceeding  five  years  and  revocable  at  any  time,  such 
property  of  the  United  States  under  his  control  as  may  not  for  the 
time  be  required  for  public  use  and  for  the  leasing  of  which  there 
is  no  authority  under  existing  law,  and  such  leases  shall  be  reported 
annually  to  Congress:  Provided,  That  nothing  in  this  act  contained 
shall  be  held  to  apply  to  mineral   or  phosphate  lands.1     Act  of 
July  28,  1892  (27  Stat.  321). 

fort,  magazine,  dockyard,  lighthouse,  customhouse,  post  office,  or  any  other 
public  purpose,  and  can  not  be  acquired  by  agreement  with  the  owners,  the 
Congress  of  the  United  States,  exercising  the  right  of  eminent  domain,  and 
making  just  compensation  to  the  owners,  may  authorize  such  lands  to  be  taken, 
either  by  proceedings  in  the  courts  of  the  State  with  its  consent,  or  by  pro- 
ceedings in  the  courts  of  the  United  States,  with  or  without  any  consent  or 
concurrent  act  of  the  State,  as  Congress  may  direct  or  permit.  (Chappell  v. 
U.  S.,  160  U.  S.,  499,  509,  and  510 ;  citing  Harris  v.  Elliott,  10  Pet.,  25 ;  Kohl  v. 
U.  S.,  91  U.  S.,  367 ;  U.  S.  v.  Jones,  109  U.  S.,  513 ;  Fort  Leavenworth  R.  R.  v. 
Lowe,  114  U.  S.,  525,  531,  532;  Cherokee  Nation  v.  Kansas  Rwy.,  135  U.  S., 
641,  656 ;  Monongahela  Navigation  Co.  v.  U.  S.,  148  U.  S.,  312 ;  Luxton  v.  North 
River  Bridge  Co.,  147  U.  S.,  337,  and  153  U.  S.,  525;  Burt  v.  Merchants'  Ins. 
Co.,  106  Mass.,  356;  U.  S.,  petitioners,  96  N.  Y.,  227.) 

For  the  acquisition  of  lands  for  fortifications  and  coast  defenses,  see  para- 
graph 802,  ante. 

*A  license  is  an  authority,  revocable  at  pleasure,  to  do  a  particular  act  or 
series  of  acts  upon  the  land  of  another  without  possessing  an  estate  therein. 
(Morgan  v.  U.  S.,  14  Ct.  Cls.,  319.) 

From  the  act  of  July  5,  1884  (23  Stat.  103),  it  may  be  regarded  as  certain 
that  it  was  the  view  of  Congress  that  an  explicit  authority  was  necessary  for 
even  a  transient  occupation  of  a  military  reservation  for  other  than  its  special 
purpose.  The  act  of  July  28,  1892,  authorizing  the  Secretary  of  War  to  lease 
such  property  of  the  United  States  under  his  control  as  may  not  for  the  time 
be  required  for  public  use,  forbids  an  occupation  which  contemplates  perma- 
nency, or  duration  longer  than  five  years.  The  Secretary  of  War  has  no  power 
to  accept  a  donation  of  property  for  the  Government  for  use  in  perpetuity  by 
Roman  Catholics.  A  revocable  license,  without  limitation  as  to  time,  by  the 
Secretary  of  War  to  a  Roman  Catholic  archbishop,  to  erect  and  maintain  a 
chapel  on  the  military  reservation  at  West  Point,  transcends  the  statute.  (21 
Opin.  Att.  Gen.,  537;  id.,  473,  476;  19  id.,  28.) 

See  subject  of  leases  and  licenses  in  Dig.  Opin.,  J.  A.  G.,  pp.  948-957. 


MILITARY    LAWS   OF   THE   UNITED   STATES.  477 

MILITARY   RESERVATIONS. 

1280.  Jurisdiction  over  reservations? — The  Congress  shall  have 
Power  * 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever,  over  such 
district  (not  exceeding  ten  Miles  square)  as  may,  by  Cession  of  par- 
ticular States,  and  the  Acceptance  of  Congress,  become  the  Seat  of 
the  Government  of  the  United  States,  and  to  exercise  like  Authority 
over  all  places  purchased  by  the  Consent  of  the  Legislature  of  the 
State  in  which  the  Same  shall  be,  for  the  Erection  of  Forts,  Maga- 
zines, Arsenals,  dock- Yards,  and  other  needful  Buildings.  Art.  /, 
sec.  £,  Constitution  of  the  United  States. 

1  Lands  may  be  acquired  by  the  United  States,  within  the  territory  of  a  State, 
in  any  one  of  three  ways:  (1)  By  purchase  without  the  consent  of  the  legisla- 
ture of  the  State  within  which  the  lands  are  situated;  (2)  by  purchase  with 
such  consent;  (3)  by  an  exercise  of  the  right  of  eminent  domain.  (Kohl  v. 
U.  S.,  91  U.  S.,  367.) 

When  the  United  States  acquire  lands  within  the  limits  of  a  State,  with  the 
consent  of  the  legislature  of  the  State,  for  the  erection  of  forts,  arsenals,  dock- 
yards, and  other  needful  buildings,  the  Constitution  confers  upon  them  exclu- 
sive jurisdiction  of  the  tract  so  acquired ;  but  when  they  acquire  such  lands  in 
any  other  way  than  by  purchase  with  the  consent  of  the  legislature  they  will 
hold  the  lands  subject  to  this  qualification,  that  if  upon  them  forts,  arsenals,  or 
other  public  buildings  are  erected  for  the  uses  of  the  General  Government  such 
buildings,  with  their  appurtenances,  as  instrumentalities  for  the  execution  of 
its  powers,  will  be  free  from  any  such  interference  and  jurisdiction  of  the  State 
as  would  destroy  or  impair  their  effective  use  for  the  purposes  designed.  Such  is 
the  law  with  reference  to  all  instrumentalities  created  by  the  General  Govern- 
ment. Their  exemption  from  State  control  is  essential  to  the  independence  and 
sovereign  authority  of  the  United  States  within  the  sphere  of  their  delegated 
powers.  But  when  not  used  as  such  instrumentalities  the  legislative  power  of 
the  State  will  be  as  full  and  complete  as  over  any  other  places  within  her 
limits.  (Fort  Leavenvvorth  R.  R.  Co.  v.  Lowe,  114  U.  S.,  525,  539.)  Where  the 
absoute  title  to  property  remains  in  the  United  States,  no  matter  for  what  pur- 
pose it  is  acquired  or  held,  it  is  not  subject  to  State  or  municipal  taxation. 
(Am.  and  Engl.  Ency.  of  Law,  vol.  25,  p.  110,  and  cases  cited.) 

The  purcahse  of  lands  in  a  State  by  the  General  Government,  with  legislative 
consent,  does  not,  ipso  facto,  confer  upon  the  General  Government  exclusive 
jurisdiction,  unless  the  purchase  is  for  a  fort  or  for  some  other  purpose  dis- 
tinctly named  in  Article  I,  section  8,  of  the  Constitution ;  and  in  order  that  ex- 
clusive jurisdiction  may  be  acquired  over  land  taken  for  any  other  purpose  the 
act  providing  therefor  and  calling  for  the  consent  must  unequivocally  declare 
that  exclusive  jurisdiction  is  intended  and  necessary,  or  such  necessity  must  be 
manifest  from  the  purpose  of  the  act.  Accordingly,  held,  that  the  acts  of  Con- 
gress establishing  the  National  Home  for  Disabled  Volunteer  Soldiers  and 
creating  a  corporation  authorized  to  take  and  hold  lands  for  the  purpose  of  such 
homes,  containing  no  declaration  of  the  necessity  of  exclusive  jurisdiction  in 
the  General  Government  over  such  lands,  do  not  vest  such  exclusive  jurisdiction 
in  the  United  States,  upon  the  consent  of  the  State  being  given  to  the  acquisi- 
tion of  such  lands.  (In  re  Kelly,  71  Fed.  Rep..  545.) 

A  cession  to  the  General  Government,  in  the  act  giving  the  consent  of  the 
State  to  the  purchase  of  such  land,  of  "jurisdiction"  does  not  confer  exclusive 
jurisdiction,  the  purpose  of  the  act  not  requiring  it,  but  such  jurisdiction  only, 
concurrent  with  that  of  the  State,  as  Congress  may  find  necessary  for  the  ob- 
jects of  the  cession.  (Id.) 

Upon  lands  so  ceded  for  the  purpose  of  a  home  for  disabled  volunteers  the 
criminal  laws  of  the  United  States,  which  apply  only  to  places  within  their 
exclusive  jurisdiction,  are  not  operative.  (Id.) 

A  State  may  cede  to  the  United  States  exclusive  jurisdiction  over  a  tract 
within  its  limits  in  a  manner  not  provided  for  in  the  Constitution  of  the  United 


478  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1281.  Disposition  of  useless  military  reservations. — That  whenever, 
in  the  opinion  of  the  President  of  the  United  States,  the  lands,  or 
any  portion  of  them,  included  within  the  limits  of  any  military  reser- 
vation heretofore  or  hereafter  declared,  have  become  or  shall  become 
useless  for  military  purposes,  he  shall  cause  the  same,  or  so  much 
thereof  as  he  may  designate,  to  be  placed  under  the  control  of  the 
Secretary  of  the  Interior  for  disposition  as  hereinafter  provided,  and 
shall  cause  to  be  filed  with  the  Secretary  of  the  Interior  a  notice 
thereof.  Sec.  1,  Act  of  July  5, 1884  (®$  Stat.  103) . 

States,  and  may  prescribe  conditions  to  the  cession,  if  they  are  not  inconsistent 
with  the  effective  use  of  the  property  for  the  purpose  intended.  The  reserva- 
tion which  has  usually  accompanied  the  consent  of  the  States,  that  civil  and 
criminal  process  of  the  State  courts  may  be  served  in  the  places  purchased,  is 
not  considered  as  interfering  in  any  respect  with  the  supremacy  of  the  United 
States  over  them,  but  is  admitted  to  prevent  them  from  becoming  an  asylum 
for  fugitives  from  justice.  (Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S., 
525,  533.)  Such  reservations  provide  only  that  civil  and  criminal  process  issued 
under  the  authority  of  the  State,  which  must,  of  course,  be  for  acts  done  and 
cognizable  by  the  State,  may  be  executed  within  the  ceded  lands,  notwithstand- 
ing the  cession.  Not  a  word  is  said  from  which  we  can  infer  that  it  was  in- 
tended that  the  State  should  have  a  right  to  punish  for  acts  done  within  the 
ceded  lands.  (Id.,  534;  United  States  v.  Cornell,  2  Mason,  60;  Commonwealth  v. 
Clary,  8  Mass.,  72;  Mitchell  v.  tibbetts,  17  Pick.,  298;  People  v.  Godfrey,  17 
Johns  (N.  Y.),  225.) 

Residents  within  such  ceded  districts  have  none  of  the  duties  and  obligations 
and  none  of  the  rights  and  privileges  of  citizens  of  the  States  within  which 
such  lands  are  situated.  They  are  not  subject  to  taxation;  they  can  not  exer- 
cise the  right  of  suffrage.  (6  Opin.  Att.  Gen.,  577;  10  id.,  35;  Sinks  v.  Reese,  19 
Ohio,  306.)  They  are  not  entitled  to  the  benefit  of  the  public  schools.  (1  Met. 
(Mass.),  580.) 

An  act  of  the  legislature  of  a  State  ceding  to  the  United  States  the  jurisdic- 
tion of  the  State  over  a  tract  of  land  used  as  a  military  reservation  upon  condi- 
tion that  such  jurisdiction  shall  continue  only  so  long  as  the  United  States  shall 
own  and  occupy  such  reservation ;  that  the  State  shall  have  the  right  within 
the  reservation  to  serve  civil  process  and  to  execute  criminal  process  against 
persons  charged  with  crime  committed  writhin  the  State ;  and  that  roads  may  be 
opened  and  kept  in  repair  within  such  reservation,  cedes  to  the  United  States 
the  entire  political  jurisdiction  of  the  State  over  the  place  in  question,  including 
judicial  and  legislative  jurisdiction,  except  as  to  service  of  process  and  opening 
roads,  and  the  same  can  not  be  affected  or  further  limited  without  the  consent 
of  the  United  States  by  a  subsequent  act  of  the  State  legislature  attempting  to 
impose  additional  restrictions  on  the  jurisdiction  ceded.  (In  re  Ladd,  74  Fed. 
Rep.,  31.) 

After  such  cession  a  justice  of  the  peace  acting  under  authority  of  the  State 
has  no  jurisdiction  over  the  ceded  territory  in  matters  of  alleged  criminal  vio- 
lation of  the  laws.of  the  State  committed  on  such  territory.  (Id.) 

It  is  a  general  rule  of  public  law,  recognized  and  acted  upon  by  the  United 
States,  that  whenever  political  jurisdiction  and  legislative  power  over  any  ter- 
ritory are  transferred  from  one  nation  or  sovereign  to  another  the  municipal 
laws  of  the  country — that  is,  laws  which  are  intended  for  the  protection  of 
private  rights — continue  in  force  until  abrogated  or  changed  by  the  new  govern- 
ment or  sovereign.  By  the  cession  public  property  passes  from  one  government 
to  the  other,  but  private  property  remains  as  before,  and  with  it  those  municipal 
laws  which  are  designed  to  secure  its  peaceful  use  and  enjoyment.  As  a  mat- 
ter of  course,  all  laws,  ordinances,  and  regulations  in  conflict  with  the  political 
character,  institutions,  and  constitution  of  the  new  government  are  at  once 
displaced.  *  *  *  But  with  respect  to  other  laws  affecting  the  possession, 
use,  and  transfer  of  property,  and  designed  to  secure  good  order  and  peace  in 
the  community  and  promote  its  health  and  prosperity,  which  are  of  a  strictly 
municipal  character,  the  rule  is  general  that  a  change  of  government  leaves 
them  in  force  until  by  direct  action  of  the  new  government  they  are  altered  or 


MILITARY   LAWS   OF   THE   UNITED   STATES.  479 

1282.  Permits  for  rights  of  way  for  reservoirs,  conduits,  electrical 
plants,  etc. — That  the  Secretary  of  the  Interior  be,  and  hereby  is, 
authorized  and  empowered,  under  general  regulations  to  be  fixed  by 
him,  to  permit  the  use  of  rights  of  way  through  the  public  lands, 
forest  and  other  reservations  of  the  United  States,  and  the  Yosemite, 
Sequoia,  and  General  Grant  national  parks,  California,  for  elec- 
trical plants,  poles,  and  lines  for  the  generation  and  distribution  of 

repealed.     (Chicago  &  Pacific  R.  R.  v.  McGlinn,  114  U.  S.,  542,  547;  American 
Insurance  Co.  v.  Cantor,  1  Pet.,  542;  Halleck  Int.  Law,  ch.  34,  sec.  14.) 

While  after  such  cession  the  municipal  laws  of  the  State  governing  property 
and  property  rights  continue  in  force  in  the  ceded  territory,  except  so  far  as  in 
conflict  with  the  laws  and  regulations  of  the  United  States  applying  thereto,  the 
criminal  laws  of  the  State  cease  to  be  of  force  within  the  ceded  territory,  and 
laws  regulating  the  sale  of  intoxicating  liquors,  requiring  a  license  therefor,  and 
punishing  unlicensed  sales  cease  to  be  operative,  both  as  in  conflict  with  the  regu- 
lations of  the  United  States  governing  military  reservations  and  as  penal  in 
character.  (In  re  Ladd,  74  Fed.  Rep.,  31.) 

Such  cessions  are  "  necessarily  temporary,  to  be  exercised  only  so  long  as  the 
places  continue  to  be  used  for  the  public  purposes  for  which  the  property  was 
acquired,  or  reserved  from  sale."  When  they  cease  to  be  so  used,  the  jurisdic- 
tion reverts  to  the  State.  (Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S., 
525,  542.) 

A  lease  by  the  United  States  to  a  city  for  market  purposes  of  vacant  land 
which  was  a  part  of  land  ceded  by  the  State  to  the  United  States  for  the  pur- 
poses of  a  navy  yard  and  naval  hospital,  with  a  provision  that  the  United 
States  may  retain  such  use  and  jurisdiction  no  longer  than  the  premises  are 
used  for  such  purposes,  operates,  at  least  while  the  lease  is  in  force,  to  suspend 
the  exclusive  authority  and  jurisdiction  of  the  United  States  over  the  leased 
land,  and  thereby  makes  it  subject  to  the  jurisdiction  of  State  courts  in  an 
action  for  ouster  therefrom.  (Palmer  v.  Barrett,  162  U.  S.,  399.)  The  char- 
acter and  purposes  of  the  occupation  of  a  reservation  having  been  officially  and 
legally  established  by  that  branch  of  the  Government  which  has  control  over 
such  matters,  it  is  not  open  to  the  courts,  on  a  question  of  jurisdiction,  to  in- 
quire what  may  be  the  actual  uses  to  which  any  portion  of  the  reserve  is  tem- 
porarily put.  (Benson  v.  U.  S.,  146  U.  S.,  331.) 

Over  lands  reserved  for  military  or  other  governmental  purposes  in  the  Terri- 
tories the  jurisdiction  of  the  United  States  is  necessarily  paramount.  When  a 
Territory  is  admitted  as  a  State  it  is  within  the  power  of  Congress  to  stipulate 
for  the  power  of  exclusive  jurisdiction  over  such  reservations,  or  to  except 
them  from  the  jurisdiction  of  the  State.  Failing  'to  do  this,  however,  the  State 
can  exercise  such  authority  and  jurisdiction  over  them  as  over  similar  prop- 
erty held  by  private  individuals;  and  the  United  States  can  acquire  exclusive 
jurisdiction  only  when  the  same  has  been  formally  ceded  by  the  legislature  of 
the  State  in  which  the  lands  are  situated.  (Fort  Leavenworth  R.  R.  Co.  v. 
Lowe,  414  U.  S.,  525.)  Lands  acquired  by  the  United  States  for  public  uses, 
by  purchase  with  the  consent  of  the  States,  or  by  an  exercise  of  the  right  of 
eminent  domain,  are  not  public  lands,  that  term  applying  only  to  "  such  lands  as 
are  subject  to  sale  or  other  disposition  under  general  laws."  (Newhall  v.  San- 
ger.  92  U.  S.,  761.) 

When  an  act  admitting  a  State  into  the  Union,  or  organizing  a  Territorial 
government,  provides  that  the  lands  in  possession  of  an  Indian  tribe  shall  not 
be  a  part  of  such  State  or  Territory,  the  new  government  has  no  jurisdiction 
over  them.  (Langford  v.  Monteith,  102  U.  S.,  145.)  For  an  example  of  such  a 
reservation  on  the  part  of  Congress  in  the  admission  of  a  State  into  the  Union, 
see  the  act  of  July  10,  1890  (26  Stat.  222),  admitting  the  State  of  Wyoming. 
(See  subject  of  jurisdiction  in  Dig.  Opin.  J.  A.  G.,  pp.  931-943.) 

For  granting  licenses  to  occupy  and  use  military  reservations  and  for  remov- 
ing tresspassers  therefrom,  see  par.  212  A.  R.,  1913.  Also  as  to  authority  to 
remove  tresspassers,  see  3  Opin.  Att.  Gen.,  268 ;  19  id.,  106,  476 ;  and  chapter  en- 
titled Employment  of  Military  Force. 

Upon  the  subject  of  taxation  on  reservations,  see  Dig.  Opiu.  J.  A.  G.,  pp. 
1023-1026. 


480  MILITARY   LAWS    OF    THE   UNITED    STATES. 

electrical  power,  and  for  telephone  and  telegraph  purposes,  and  for 
canals,  ditches,  pipes  and  pipe  lines,  flumes,  tunnels,  or  other  water 
conduits,  and  for  water  plants,  dams  and  reservoirs  used  to  promote 
irrigation  or  mining  or  quarrying,  or  the  manufacture  or  cutting  of 
timber  or  lumber,  or  the  supplying  of  water  for  domestic,  public  or 
any  other  beneficial  uses  to  the  extent  of  the  ground  occupied  by  such 
canals,  ditches,  flumes,  tunnels,  reservoirs,  or  other  water  conduits  or 
water  plants,  or  electrical  or  other  works  permitted  hereunder,  and 
not  to  exceed  fifty  feet  on  each  side  of  the  marginal  limits  thereof, 
or  not  to  exceed  fifty  feet  on  each  side  of  the  center  line  of  such  pipes 
and  pipe  lines,  electrical,  telegraph,  and  telephone  lines  and  poles,  by 
any  citizen,  association,  or  corporation  of  the  United  States,  where  it 
is  intended  by  such  to  exercise  the  use  permitted  hereunder  or  any 
one  or  more  of  the  purposes  herein  named :  Provided,  That  such  per- 
mits shall  be  allowed  within  or  through  any  of  said  parks  or  any 
forest,  military,  Indian,  or  other  reservation  only  upon  the  approval 
of  the  chief  officer  of  the  Department  under  whose  supervision  such 
park  or  reservation  falls  and  upon  a  finding  by  him  that  the  same  is 
not  incompatible  with  the  public  interest :  Provided  further.  That  all 
permits  given  hereunder  for  telegraph  and  telephone  purposes  shall 
be  subject  to  the  provision  of  title  sixty-five  of  the  Revised  Statutes 
of  the  United  States,  and  amendments  thereto,  regulating  rights  of 
way  for  telegraph  companies  over  the  public  domain :  And  provided 
further,  That  any  permission  given  by  the  Secretary  of  the  Interior 
under  the  provisions  of  this  Act  may  be  revoked  by  him  or  his  suc- 
cessor in  his  discretion,  and  shall  not  be  held  to  confer  any  right,  or 
easement,  or  interest  in,  to,  or  over  any  public  land,  reservation,  or 
park.  Act  of  Feb.  15, 1901  (31  Stat.  790). 

1283.  Easements  for  rights  of  way  for  electrical  power,  telephone 
and  telegraph  lines. — That  the  head  of  the  department  having  juris- 
diction over  the  lands  be,  and  he  hereby  is,  authorized  and  empow- 
ered, under  general  regulations  to  be  fixed  by  him,  to  grant  an  easement 
for  rights  of  way,  for  a  period  not  exceeding  fifty  years  from  the  date 
of  the  issuance  of  such  grant,  over,  across,  and  upon  the  public  lands, 
national  forests,  and  reservations  of  the  United  States  for  electrical 
poles  and  lines  for  the  transmission  and  distribution  of  electrical 
power,  and  for  poles  and  lines  for  telephone  and  telegraph  purposes, 
to  the  extent  of  twenty  feet  on  each  side  of  the  center  line  of  such 
electrical,  telephone  and  telegraph  lines  and  poles,  to  any  citizen, 
association,  or  corporation  of  the  United  States,  where  it  is  intended 
by  such  to  exercise  the  right  of  way  herein  granted  for  any  one  or 
more  of  the  purposes  herein  named:  Provided,  That  such  right  of 
way  shall  be  allowed  within  or  through  any  national  park,  national 
forest,  military,  Indian,  or  any  other  reservation  only  upon  the 


MILITARY   LAWS   OF   THE   UNITED   STATES.  481 

approval  of  the  chief  officer  of  the  department  under  whose  super- 
vision or  control  such  reservation  falls,  and  upon  a  finding  by  him 
that  the  same  is  not  incompatible  with  the  public  interest :  Provided, 
That  all  or  any  part  of  such  right  of  way  may  be  forfeited  and  an- 
nulled by  declaration  of  the  head  of  the  department  having  jurisdic- 
tion over  the  lands  for  nonuse  for  a  period  of  two  years  or  for  aban- 
donment. 

That  any  citizen,  association,  or  corporation  of  the  United  States 
to  whom  there  has  heretofore  been  issued  a  permit  for  any  of  the 
purposes  specified  herein  under  any  existing  law,  may  obtain  the 
benefit  of  this  Act  upon  the  same  terms  and  conditions  as  shall  be 
required  of  citizens,  associations,  or  corporations  hereafter  making 
application  under  the  provisions  of  this  statute.  Act  of  Mar.  4,  1911 
(36  Stat.  1253). 

1284.  Extension  of  state,  county  and  territorial  roads  across  mili- 
tary reservations. — The  Secretary  of  War  shall  have  authority,  in 
his  discretion,  to  permit  the  extension  of  State,  county,  and  Terri- 
torial roads  across  military  reservations;  to  permit  the  landing  of 
ferries,  the  erection  of  bridges  thereon;  and  permit  cattle,  sheep  or 
other  stock  animals  to  be  driven  across  such  reservation,  whenever  in 
his  judgment  the  same  can  be  done  without  injury  to  the  reservation 
or  inconvenience  to  the  military  forces  stationed  thereon.     Sec.  6, 
Act  of  July  5,  1884  (23  Stat.  104). 

1285.  Proclamation  of  historic  landmarks. — The  President  of  the 
United  States  is  hereby  authorized,  in  his  discretion,  to  declare  by 
public   proclamation   historic   landmarks,   historic    and   prehistoric 
structures,  and  other  objects  of  historic  or  scientific  interest  that  are 
situated  upon  lands  owned  or  controlled  by  the  Government  of  the 
United  States  to  be  national  monuments,  and  may  reserve  as  a  part 
thereof  parcels  of  land,  the  limits  of  which  in  all  cases  shall  be  con- 
fined to  the  smallest  area  compatible  with  the  proper  care  and  man- 
agement of  the  objects  to  be  protected:  Provided,  That  when  such 
objects  are  situated  upon  a  tract  covered  by  a  bona  fide  unperfected 
claim  or  held  in  private  ownership,  the  tract,  or  so  much  thereof  as 
may  be  necessary  for  the  proper  care  and  management  of  the  object, 
may  be  relinquished  to  the  Government,  and  the  Secretary  of  the 
Interior  is  hereby  authorized  to  accept  the  relinquishment  of  such 
tracts  in  behalf  of  the  Government  of  the  United  States.    Sec.  2,  Act 
of  June  8,  1906  (34  Stat.  225). 

1286.  Permits  for  the  examination  and  excavation  of  archaeological 
sites. — Permits   for   the   examination   of   ruins,   the   excavation   of 
archaeological  sites,  and  the  gathering  of  objects  of  antiquity  upon 
the  lands  under  their  respective  jurisdictions  may  be  granted  by  the 

48985°— 15 31 


482  MILITARY   LAWS   OF    THE   UNITED   STATES. 

Secretaries  of  the  Interior,  Agriculture,  and  War  to  institutions 
which  they  may  deem  properly  qualified  to  conduct  such  examination, 
excavation,  or  gathering,  subject  to  such  rules  and  regulations  as  they 
may  prescribe:  Provided,  That  the  examinations,  excavations,  and 
gatherings  are  undertaken  for  the  benefit  of  reputable  museums, 
universities,  colleges,  or  other  recognized  scientific  or  educational 
institutions,  with  a  view  to  increasing  the  knowledge  of  such  objects, 
and  that  the  gatherings  shall  be  made  for  permanent  preservation  in 
public  museums.  Sec.  3,  id. 

1287.  Same — Rules  and  regulations. — The  secretaries  of  the  De- 
partments aforesaid  shall  make  and  publish  from  time  to  time  uni- 
form rules  and  regulations  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  Act.    Sec.  4,  id. 

1288.  Statue  of  liberty,  Bedloes  Island. — The  Treasurer  of  the 
United  States  is  hereby  authorized  and  directed  to  receive  the  sum 
of  thirty-five  thousand  dollars,  more  or  less,  from  the  executive  com- 
mittee of  the  Statue  of  Liberty  erected  on  land  belonging  to  the 
United  States  on  Bedloes  Island,  New  York  Harbor;    and  the  Sec- 
retary of  War  is  hereby  authorized  to  keep  the  said  statue  in  repair, 
and  to  pay  for  the  same  from  the  appropriation  for  "  Regular  sup- 
plies/' under  the  Quartermaster's  Department,  in  the  appropriation 
for  the  support  of  the  Army  for  the  fiscal  year  in  which  such  ex- 
penses shall  be  incurred.     Act  of  Apr.  28, 1904  ($3  Stat.  498). 

MILITARY  POSTS. 

1289.  Establishment — Express  authority  of  Congress  required. — 
Hereafter  no  military  post  within  the  United  States  shall  be  estab- 
lished without  the  express  authority  of  Congress.1    Act  of  Mar.  2, 
1905  (33  Stat.836). 

1290.  Title  papers  to  be  furnished  to  the  Attorney  General. — It 
shall  be  the  duty  of  all  officers  of  the  United  States  having  any  of 
the  title  papers  (property  purchased,  or  about  to  be  purchased,  for 
erection  of  public  buildings)   in  their  possession,  to  furnish  them 
forthwith  to  the  Attorney  General.     No  public  money  shall  be  ex- 
pended until  the  written  opinion  of  the  Attorney  General  shall  be 
had.    Sec.  1136,  R.  S. 

1291.  Expenditures  for  repairs — Limitation. — That  hereafter  no 
expenditures  exceeding  five  hundred  dollars  shall  be  made  upon  any 
building  or  military  post,  or  grounds  about  the  same,  without  the 
approval  of  the  Secretary  of  War  for  the  same,  upon  detailed  esti- 
mates by  the  Quartermaster's  Department;    and  the  erection,  con- 

1  For  specific   regulations  affecting  military   posts,   see  paragraphs  201-211,, 
Army  Regulations,  1913. 


MILITARY   LAWS   OF   THE    UNITED   STATES.  483 

struction,  and  repair  of  all  buildings  and  other  public  structures  in 
the  Quartermaster's  Department  shall,  as  far  as  may  be  practicable, 
be  made  by  contract,  after  due  legal  advertisement.1  Act  of  Feb.  27, 
1893  (27  S tat.  484). 

1292.  Acquisition  of  leases  in  Hawaii. — The  Secretary  of  War  is 
authorized  to  acquire  leases  in  such  lands  in  Hawaii  as  have  been  set 
aside  for  purposes  of  a  military  post.     Act  of  June  28,  1902   (32 
Stat.  464). 

1293.  Post  schools. — Schools  shall  be  established  at  all  posts,  garri- 
sons, and  permanent  camps  at  which  troops  are  stationed,  in  which 
the  enlisted  men  may  be  instructed  in  the  common  English  branches 
of  education,  and  especially  in  the  history  of  the  United  States ;  and 
the  Secretary  of  War  may  detail  such  officers  and  enlisted  men  as 
may  be  necessary  to  carry  out  this  provision.     It  shall  be  the  duty 
of  the  post  or  garrison  commander  to  set  apart  a  suitable  room  or 
building  for  school  and  religious  purposes.2    Sec.  1231,  R.  S. 

1294.  Post  exchanges. — That  hereafter  no  money  appropriated  for 
the  support  of  the  Army  shall  be  expended  for  post  gardens  or  ex- 
changes; but  this  proviso  shall  not  be  construed  to  prohibit  the  use, 
by  post  exchanges,  of  public  buildings  or  public  transportation  when, 
in  the  opinion  of  the  Quartermaster-General,  not  required  for  other 
purposes.3    Act  of  July  16, 1892  (27  Stat.  178}. 

1295.  Sales  of  liquors,  etc.,  prohibited. — The  sale  of  or  dealing  in 
beer,  wine,  or  any  intoxicating  liquors  by  any  person  in  any  post 
exchange  or  canteen  or  Army  transport  or  upon  any  premises  used 
for  military  purposes  by  the  United  States  is  hereby  prohibited.    The 

*A  military  station  is  merely  synonymous  with  the  term  "  military  post," 
and  means  a  place  where  troops  are  assembled ;  where  military  stores,  animate 
and  inanimate,  are  kept  and  distributed;  where  military  duty  is  performed  or 
military  protection  afforded ;  where  something,  in  short,  more  or  less  closely 
connected  with  arms  or  war  is  kept  or  is  to  be  done.  (Phisterer  v.  U.  S.,  12 
Ct.  Cls.,  98,  107.) 

For  other  restrictions  in  respect  to  the  construction  and  repair  of  quarters  at 
military  posts,  see  the  title  Barracks  and  Quarters  in  the  chapter  entitled  The 
Quartermaster  Corps. 

When  a  military  post  located  upon  lands  belonging  to  the  United  States  is 
abandoned  the  Secretary  of  War  has  no  power,  in  the  absence  of  authority  from 
Congress,  to  order  a  sale  of  the  building,  and  such  a  sale  is  void.  (Lear  v. 
U.  S.,  50  Fed.  Rep.,  65.)  A  sale  by  a  military  officer  is  not  authorized  by  the 
usages  of  war,  or  if  of  property  not  under  a  valid  condemnation,  is  a  trespass 
and  passes  no  title.  (Bowlew  v.  Lewis,  48  Mo..  32.) 

2  For  statutory  duties  of  post  and  regimental  chaplains  in  respect  to  post 
schools,  see  chapter  entitled  Post  Chaplains.     For  regulations  in  regard  to  post 
schools,  see  paragraphs  331  and  449.  Army  Regulations,  1913.     For  provisions 
of  statute  respecting  textbooks,  supplies  of  paper,  etc.,  see  paragraph  1567,  ante. 
Also  see  same  paragraph  for  authority  for  maintenance  of  post  bakeries.     For 
regulations  in  respect  to  the  management  and  administration  of  post  bakeries, 
see  paragraphs  329  and  1201,  Army  Regulations,  1913. 

3  This  provision  regarding  post  exchanges  is  also  included  in  chapter  on  the 
Quartermaster  Corps,  paragraph  518. 


484  MILITARY   LAWS   OF    THE   UNITED   STATES. 

Secretary  of  War  is  hereby  directed  to  carry  the  provisions  of  this 
section  into  full  force  and  effect.1  Sec.  38,  Act  of  Feb.  #,  1901  (31 
Stat.  758). 

NATIONAL   MILITARY  PARKS. 

1296.  Use  of  military  maneuvers. — In  order  to  obtain  practical 
benefits  of  great  value  to  the  country  from  the  establishment  of  na- 
iional  military  parks,  said  parks  and  their  approaches  are  hereby 
declared  to  be  national  fields  for  military  maneuvers  for  the  Regular 
Army  of  the  United  States  and  the  National  Guard  or  Militia  of  the 
States:  Provided,  That  the  said  parks  shall  be  opened  for  such  pur- 
poses only  in  the  discretion  of  the  Secretary  of  War,  and  under  such 
regulations  as  he  may  prescribe.2     Act  of  May  15,  1896  (29  Stat. 
120). 

1297.  Same. — The  Secretary  of  War  is  hereby  authorized,  within 
the  limits  of  appropriations  which  may  from  time  to  time  be  avail- 
able for  such  purpose,  to  assemble,  at  his  discretion,  in  camp  at  such 
season  of  the  year  and  for  such  period  as  he  may  designate,  at  such 
field  of  military  maneuvers,  such  portions  of  the  military  forces  of 
the  United  States  as  he  may  think  best,  to  receive  military  instruc- 
tion there.    Sec.  #,  id.,  121. 

1298.  Same — Regulations. — The  Secretary  of  War  is  further  au- 
thorized to  make  and  publish  regulations  governing  the  assembling 
of  the  National  Guard  or  Militia  of  the  several  States  upon  the 
maneuvering  grounds,  and  he  may  detail  instructors  from  the  Regu- 
lar Army  for  such  forces  during  their  exercises.    Sec.  2,  id. 

1299.  /Superintendent,  Antietam  battlefield. — For  pay  of  superin- 
tendent of  Antietam  battlefield,  said  superintendent  to  perform  his 
duties  under  the  direction  of  the  Quartermaster's  Department  and 
to  be  selected  and  appointed  by  the  Secretary  of  War,  at  his  dis- 
cretion, the  person  selected  and  appointed  to  this  position  to  be  an 

1This  section  replaces  the  requirements  of  the  act  of  June  13,  1890  (26  Stat. 
154),  and  section  17  of  the  act  of  March  2,  1899  (30  Stat.  937),  in  pari  materia. 
For  orders  carrying  this  provision  into  effect,  see  paragraph  346,  Army  Regu- 
lations, 1913. 

2  Section  35  of  the  act  of  February  2,  1901  (31  Stat.  757),  contained  a  pro- 
vision that  "  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  and  directed 
to  cause  preliminary  examinations  and  surveys  to  be  made  for  the  purpose  of 
selecting  four  sites  with  a  view  to  the  establishment  of  permanent  camp  grounds 
for  instruction  of  troops  of  the  Regular  Army  and  National  Guard,  with  esti- 
mates of  the  cost  of  the  sites  and  their  equipment  with  all  modern  appliances, 
and  for  this  purpose  is  authorized  to  detail  such  officers  of  the  Army  as  may 
be  necessary  to  carry  on  the  preliminary  work;  and  the  sum  of  ten  thousand 
dollars  is  hereby  appropriated  for  the  necessary  expenses  of  such  work,  to  be 
disbursed  under  the  direction  of  the  Secretary  of  War:  Provided,  That  the 
Secretary  of  War  shall  report  to  Congress  the  result  of  such  examination  and 
surveys;  and  no  contract  for  said  sites  shall  be  made  nor  any  obligations  in- 
curred until  Congress  shall  approve  such  selections  and  appropriate  the  money 
therefor." 


MILITARY   LAWS   OF   THE   UNITED   STATES.  485 

honorably   discharged   Union   soldier,   one   thousand   five   hundred 
dollars.1    Act  of  Apr.  28, 190  J,.  (33  Stat.  496.) 

NATIONAL  PARKS. 

1300.  Employment  of  troops  in  Yellowstone  National  Park. — The 
Secretary  of  War,  upon  the  request  of  the  Secretary  of  the  Interior, 
is  hereby  authorized  and  directed  to  make  the  necessary  details  of 
troops  to  prevent  trespassers  or  intruders  from  entering  the  [Yel- 
lowstone National]   park  for  the  purpose  of  destroying  the  game 
or  objects  of  curiosity  therein,  or  for  any  other  purpose  prohibited 
by  law,  and  to  remove  such  persons  from  the  park  if  found  therein.2 
Act  of  Mar.  3, 1883  (22  Stat.  627}. 

1301.  Employment  of  troops  in^National  Parks  in  California. — The 
Secretary  of  War,  upon  the  request  of  the  Secretary  of  the  Interior, 
is  hereafter  authorized  and  directed  to  make  the  necessary  detail 
of   troops   to   prevent   trespassers  or  intruders   from   entering  the 
Sequoia  National  Park,  the  Yosemite  National  Park,  and  the  Gen- 
eral Grant  National  Park,  respectively,  in  California,  for  the  pur- 
pose of  destroying  the  game  or  objects  of  curiosity  therein,  or  for 
any  other  purpose  prohibited  by  law  or  regulation  for  the  govern- 
ment of  said  reservations,  and  to  remove  such  persons  from  said 
parks  if  found  therein.    Act  of  June  6, 1900  (31  Stat.  618). 

NATIONAL  CEMETERIES. 

1302.  Maintenance. — The  Secretary  of  War  shall  provide  for  the 
care  and  maintenance  of  the  national  military  cemeteries,  and  for 
this  purpose  shall  submit  an  estimate  with  his  annual  estimates  to 
Congress,  and  section  four  thousand  eight  hundred  and  seventy- 
six  of  the  Revised  Statutes  is  hereby  repealed.    Act  of  July  2%,,  1876 
(19  Stat.  99). 

1303.  Superintendents — Selection. — The  superintendents  of  the  na- 
tional cemeteries  shall  be  selected  from  meritorious  and  trustworthy 
soldiers,  either  commissioned  officers  or  enlisted  men  of  the  Volun- 
teer or  Regular  Army,  who  have  been  honorably  mustered  out  or 
discharged  from  the  service  of  the  United  States,  and  who  may 
have  been  disabled  for  active  field  service  in  the  line  of  duty.    Sec. 
4874,  R.  S. 

*The  above  provision  has  been  repeated  in  the  successive  acts  of  appropria- 
tion, including  that  for  the  fiscal  year  1914. 

2  In  a  letter  from  the  Comptroller  of  the  Treasury  to  the  Secretary  of  the 
Interior,  dated  January  11,  1900,  it  was  held  that  the  act  of  August  4,  1886 
(24  Stat.  240),  and  subsequent  appropriation  acts,  having  omitted  the  special 
provisions  for  the  payment  of  superintendent  and  employees  found  in  former 
acts,  in  effect  abolished  those  offices  on  June  30,  1886,  since  which  time  there 
have  been  no  civilian  employees  of  the  Interior  Department  in  the  park,  the 
necessary  protection  thereof  devolving  on  the  troops  detailed  for  that  purpose 
by  authority  of  the  act  of  March  3,  1883  (22  Stat.  627). 


486  MILITARY  LAWS   OF   THE  UNITED  STATES. 

1304.  Superintendents — Pay  and  quarters. — The  superintendents  of 
the  national  cemeteries  shall  receive  for  their  compensation  from 
sixty  dollars  to  seventy-five  dollars  a  month  each,1  according  to  the 
extent  and  importance  of  the  cemeteries  to  which  they  may  be  re- 
spectively assigned,  to  be  determined  by  the  Secretary  of  War; 
and  they  shall  also  be  furnished  with  quarters  and  fuel  at  the  sev- 
eral cemeteries.2    Sec.  4875,  R.  8. 

1305.  Inclosures,  headstones,  and  registers. — In  the  arrangement  of 
the  national  cemeteries  established  for  the  burial  of  deceased  soldiers 
and  sailors,3  the  Secretary  of  War  is  hereby  directed  to  have  the 
same  inclosed  with  a  good  and  substantial  stone  or  iron  fence;  and 
to  cause  each  grave  to  be  marked  with  a  small  headstone  or  block, 
which  shall  be  of  durable  stone,  and  of  such  design  and  weight  as 
shall  keep  it  in  place  when  set,  and  shall  bear  the  name  of  the  soldier 
and  the  name  of  his  State  inscribed  thereon,  when  the  same  are 
known,  and  also  with  the  number  of  the  grave  inscribed  thereon, 
corresponding  with  the  number  opposite  to  the  name  of  the  party 
in  a  register  of  burials  to  be  kept  at  each  cemetery  and  at  the  office 
of  the  Quartermaster-General,  which  shall  set  forth  the  name,  rank, 
company,  regiment,  and  date  of  death  of  the  officer  or  soldier ;  or  if 
these  are  unknown,  it  shall  be  so  recorded.    Sec.  4^77,  R.  S. 

1306.  Erection  of  headstones,  in  private  cemeteries. — That  the  Sec- 
retary of  War  is  hereby  authorized  to  erect  headstones  over  the 
graves  of  soldiers  who  served  in  the  Regular  or  Volunteer  Army  of 
the  United  States  during  the  war  for  the  Union,  and  who  have  been 
buried  in  private  village  or  city  cemeteries,  in  the  same  manner  as 
provided  by  the  law  of  March  third,  eighteen  hundred  and  seventy- 
three,  for  those  interred  in  national  military  cemeteries ;  and  for  this 
purpose,  and  for  the  expenses  incident  to  such  work,  so  much  of  the 
appropriation  of  one  million  dollars,  made  in  the  act  above  men- 
tioned, as  has  not  been  expended,  and  as  may  be  necessary,  is  hereby 
made  available.    Act  of  Feb.  3, 1879  (20  Stat.  281}. 

V 

lrrhis  section  has  been  amended  so  as  to  allow  the  superintendent  of  the 
Arlington,  Va.,  Cemetery  $100  per  month.  (Act  of  July  30,  1912,  37  Stat.  240.) 

2  The  superintendent  of  a  national  cemetery  over  which  the  State  has  ceded 
jurisdiction  to  the  United  States,  and  within  the  limits  of  which  he  resides,  is 
exempt  from  the  duty  devolved  by  the  State  upon  all  male  persons  between 
certain  ages  to  work  upon  the  public  roads.     Otherwise  if  the  State  has  not 
ceded    jurisdiction,    or    if    the    superintendent    resides    elsewhere    within    its 
jurisdiction.     (16  Opin.  Att.  Gen.,  468.) 

Superintendents  of  national  cemeteries  are  no  part  of  the  Army,  but  civilians, 
being  required  indeed  by  section  4874,  Revised  Statutes,  to  be  selected  from 
persons  who  have  been  honorably  discharged  from  the  military  service.  They 
are  therefore,  of  course,  not  subject  to  the  Articles  of  War  or  to  trial  by 
court-martial,  and  for  any  serious  misconduct  on  the  part  of  a  superintendent 
a  removal  from  office  would  be  the  only  adequate  remedy.  (Dig.  Opin.  J.  A.  G., 
p.  929,  IV  A  3a.) 

3  That   Confederate   soldiers  and   sailors  may   be  buried  in   national   ceme- 
teries.    (See  appropriation  act,  Aug.  24,  1912,  37  Stat.  439^40.) 


MILITARY   LAWS  OF  THE  UNITED   STATES.  487 

1307.  Record  of  names  and  places  of  burial. — The  Secretary  of 
War  shall  cause  to  be  preserved  in  the  records  of  his  Department 
the  names  and  places  of  burial  of  all  soldiers  for  whom  such  head- 
stones shall  have  been  erected  by  authority  of  this  or  former  acts.    Id. 

1308.  Burial  in  national  cemeteries — Soldiers,  sailors  and  marines 
entitled  thereto. — All  soldiers,  sailors,  or  marines,  dying  in  the  serv- 
ice of  the  United  States,  or  dying  in  a  destitute  condition,  after  hav- 
ing been  honorably   discharged   from   the  service,  or   who   served 
during  the  late  war,  either  in  the  regular  or  volunteer  forces,  may  be 
buried  in  any  national  cemetery  free  of  cost.    The  production  of  the 
honorable  discharge  of  a  deceased  man  shall  be  sufficient  authority 
for  the  superintendent  of  any  cemetery  to  permit  the  interment. 
Sec.  4878,  R.  S. 

1309.  Same — Army  nurses. — Army  nurses,  honorably  discharged 
from  their  service  as  such,  may  be  buried  in  any  national  cemetery, 
and,  if  in  a  destitute  condition,  free  of  cost.    The  Secretary  of  War 
is  authorized  to  issue  certificates  to  those  Army  nurses  entitled  to 
such  burial.    Sec.  4878,  R.  S.,  as  amended  ~by  Act  of  Mar.  3,  1897 
(29  Stat.  625}. 

1310.  Jurisdiction. — From  the  time  any  State  legislature  shall  have 
given,  or  shall  hereafter  give,  the  consent  of  such  State  to  the  pur- 
chase by  the  United  States  of  any  national  cemetery,  the  jurisdiction 
and  power  of  legislation  of  the  United  States  over  such  cemetery 
shall  in  all  courts  and  places  be  held  to  be  the  same  as  is  granted  by 
section  eight,  article  one,  of  the  Constitution  of  the  United  States; 
and  all  provisions  relating  to  national  cemeteries  shall  be  applicable 
to  the  same.    Sec.  4882,  R.  S. 

OFFENSES  AGAINST  REAL  PROPERTY. 

1311.  Cutting  or  injuring  timber,  etc. — Whoever  shall  unlawfully 
cut,  or  aid  in  unlawfully  cutting,  or  shall  wantonly  injure  or  destroy, 
or  procure  to  be  wantonly  injured  or  destroyed,  any  tree,  growing, 
standing,  or  being  upon  any  land  of  the  United  States  which,  in  pur- 
suance of  law,  has  been  reserved  or  purchased  by  the  United  States 
for  any  public  use,  or  upon  any  Indian  reservation,  or  lands  belong- 
ing to  or  occupied  by  any  tribe  of  Indians  under  the  authority  of  the 
United  States,  shall  be  fined  not  more  than  five  hundred  dollars,  or 
imprisoned  not  more  than  one  year,  or  both.1    Sec.  50,  Act  of  Mar.  h 
1909,  Criminal  Code  (35  Stat.  1098). 

1  Section  5388  of  the  Revised  Statutes,  as  amended  by  the  act  of  June  4,  1888, 
which  forbids  the  cutting  or  wanton  destruction  of  timber  upon  military  or 
Indian  reservations,  does  not  apply  to  one  who  removes  and  uses  for  building 
purposes  timber  which  has  been  cut  on  an  Indian  reservation  by  another  per- 
son without  his  aid  and  encouragement.  (U.  S.  v.  Konkapot,  43  Fed.  Rep.,  64.) 
Pel-sons  cutting  trees  growing  on  the  lands  of  the  United  States,  without  per- 
mission, are  mere  trespassers,  performing  an  illegal  act,  and  acquire  no  right, 
title,  or  interest  in  the  wood  by  reason  of  the  severance.  (No.  Pac.  R.  R.  Co.  v. 
Lewis,  1G2  U.  S.,  3GO;  Schulenberg  r.  Harriman,  21  Wall.,  44.) 


488  MILITARY  LAWS  OF   THE  UNITED   STATES. 

1312.  Cutting  and  chipping  trees  to  secure  pitch,  etc. — Whoever 
shall  cut,  chip,  chop,  or  box  any  tree  upon  any  lands  belonging  to 
the  United  States,  or  upon  any  lands  covered  by  or  embraced  in  any 
unperfected  settlement,  application,  filing,  entry,  selection,  or  loca- 
tion, made  under  any  law  of  the  United  States,  for  the  purpose  of 
obtaining  from  such  tree  any  pitch,  turpentine,  or  other  substance, 
or  shall  knowingly  encourage,  cause,  procure,  or  aid  in  the  cutting, 
chipping,  chopping,  or  boxing  of  any  such  tree,  or  shall  buy,  trade 
for,  or  in  any  manner  acquire  any  pitch,  turpentine,  or  other  sub- 
stance, or  any  article  or  commodity  made  from  any  such  pitch,  tur- 
pentine, or  other  substance,  when  he  has  knowledge  that  the  same 
has  been  so  unlawfully  obtained  from  such  trees,  shall  be  fined  not 
more  than  five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both.     Sec.  51,  id. 

1313.  Removal,  destruction,  etc.,  of  section  corners  or  meander 
posts. — Whoever  shall  willfully  destroy,  deface,  change,  or  remove 
to  another  place  any  section  corner,  quarter-section  corner,  or  mean- 
der post,  on  any  Government  line  of  survey,  or  shall  willfully  cut 
down  any  witness  tree  or  any  tree  blazed  to  mark  the  line  of  a  Gov- 
ernment survey,  or  shall  willfully  deface,  change,  or  remove  any 
monument  or  bench  mark  of  any  Government  survey,  shall  be  fined 
not  more  than  two  hundred  and  fifty  dollars,  or  imprisoned  not  more 
than  six  months,  or  both.    Sec.  57,  id.,  1099. 

1314.  Breaking  fences,  driving  cattle,  etc.,  upon  reservations. — 
Whoever  shall  knowingly  and  unlawfully  break,  open,  or  destroy  any 
gate,  fence,  hedge,  or  wall  inclosing  any  lands  of  the  United  States 
which,  in  pursuance  of  any  law,  have  been  reserved  or  purchased  by 
the  United  States  for  any  public  use;   or  whoever  shall  drive  any 
cattle,  horses,  hogs,  or  other  live  stock  upon  any  such  lands  for  the 
purpose  of  destroying  the  grass  or  trees  on  said  lands,  or  where  they 
may  destroy  the  said  grass  or  trees;  or  whoever  shall  knowingly 
permit  his  cattle,  horses,  hogs,  or  other  live  stock,  to  enter  through 
any  such  inclosure  upon  any  such  lands  of  the  United  States,  where 
such  cattle,  horses,  hogs,  or  other  live  stock  may  or  can  destroy  the 
grass  or  trees  or  other  property  of  the  United  States  on  the  said 
lands,  shall  be  fined  not  more  than  five  hundred  dollars,  or  impris- 
oned not  more  than  one  year:  or  both:  Provided,  That  nothing  in 
this  section  shall  be  construed  to  apply  to  unreserved  public  lands. 
Sec.  56,  id. 

1315.  Trespass  upon  or  injury  to  mines,  torpedoes,  fortifications, 
etc. — Whoever  shall  willfully  trespass  upon,  injure,  or  destroy  any 
of  the  works  or  property  or  material  of  any  submarine  mine  or  tor- 
pedo, or  fortification  or  harbor-defense  system  owned  or  constructed 
or  in  process  of  construction  by  the  United  States,  or  shall  willfully 


MILITARY   LAWS   OF   THE   UNITED   STATES.  480 

interfere  with  the  operation  or  use  of  any  such  submarine  mine,  tor- 
pedo, xortification,  or  harbor-defense  system,  shall  be  fined  not  more 
than  five  thousand  dollars,  or  imprisoned  not  more  than  five  years, 
or  both.  Sec.  44,  id.,  1097. 

1316.  Setting  fire  to  or  injuring  arsenals,  armories,  magazines, 
etc. — Whoever  shall  maliciously  set  fire  to,  burn,  or  attempt  to  burn, 
or  by  any  means  destroy  or  injure,  or  attempt  to  destroy  or  injure, 
any  arsenal,  armory,  magazine,  ropewalk,  ship  house,  warehouse, 
blockhouse,  or  barrack,  or  any  storehouse,  barn,  or  stable,  not  parcel 
of  a  dwelling  house,  or  any  other  building  not  mentioned  in  the 
section  last  preceding,  or  any  vessel  built,  building,  or  undergoing 
repair,  or  any  light-house,  or  beacon,  or  any  machinery,  timber, 
cables,  rigging,  or  other  materials  or  appliances  for  building,  re- 
pairing, or  fitting  out  vessels,  or  any  pile  of  wood,  boards,  or  other 
lumber,  or  any  military,  naval,  or  victualing  stores,  arms,  or  other 
munitions  of  war,  shall  be  fined  not  more  than  five  thousand  dollars 
and  imprisoned  not  more  than  twenty  years.     Sec.  286,  id.,  1144- 

1317.  Entry  upon  reservation  for  a  purpose  prohibited  ~by  law. — 
Whoever  shall  go  upon  any  military  reservation,  army  post,  fort,  or 
arsenal,  for  any  purpose  prohibited  by  law  or  military  regulation 
made  in  pursuance  of  law,  or  whoever  shall  reenter  or  be  found 
within  any  such  reservation,  post,  fort,  or  arsenal,  after  having  been 
removed  therefrom  or  ordered  not  to  reenter  by  any  officer  or  person 
in  command  or  charge  thereof,  shall  be  fined  not  more  than  five  hun- 
dred dollars,  or  imprisoned  not  more  than  six  months,  or  both.     Sec. 
45,  id.,  1097. 

1317J.  National  defense — Penalty  for  obtaining  unlawful  informa- 
tion ~by  photographs,  sketches,  plans,  etc.,  and  for  disclosing  plans, 
etc. — That  whoever,  for  the  purpose  of  obtaining  information  re- 
specting the  national  defense,  to  which  he  is  not  lawfully  entitled, 
goes  upon  any  vessel,  or  enters  any  navy  yard,  naval  station,  fort, 
battery,  torpedo  station,  arsenal,  camp,  factory,  building,  office,  or 
other  place  connected  with  the  national  defense,  owned  or  constructed 
or  in  process  of  construction  by  the  United  States,  or  in  the  possession 
or  under  the  control  of  the  United  States  or  any  of  its  authorities  or 
agents,  and  whether  situated  within  the  United  States  or  in  any  place 
noncontiguous  to  but  subject  to  the  jurisdiction  thereof;  or  W7hoever, 
when  lawfully  or  unlawfully  upon  any  vessel,  or  in  or  near  any  such 
place,  without  proper  authority,  obtains,  takes,  or  makes,  or  attempts 
to  obtain,  take,  or  make,  any  document,  sketch,  photograph,  photo- 
graphic negative,  plan,  model,  or  knowledge  of  anything  connected 
with  the  national  defense  to  which  he  is  not  entitled;  or  whoever, 
without  proper  authority,  receives  or  obtains,  or  undertakes  or  agrees 
to  receive  or  obtain,  from  any  person,  any  such  document,  sketch, 
photograph,  photographic  negative,  plan,  model,  or  knowledge,  know- 


490  MILITARY    LAWS    OF    THE    UNITED    STATES. 

ing  the  same  to  have  been  so  obtained,  taken,  or  made;  or  who- 
ever, having  possession  of  or  control  over  any  such  document,  sketch, 
photograph,  photographic  negative,  plan,  model,  or  knowledge,  will- 
fully and  without  proper  authority,  communicates  or  attempts  to 
communicate  the  same  to  any  person  not  entitled  to  receive  it,  or  to 
whom  the  same  ought  not,  in  the  interest  of  the  national  defense,  be 
communicated  at  that  time;  or  whoever,  being  lawfully  intrusted 
with  any  such  document,  sketch,  photograph,  photographic  negative, 
plan,  model,  or  knowledge,  willfully  and  in  breach  of  his  trust,  so 
communicates  or  attempts  to  communicate  the  same,  shall  be  fined 
not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than  one 
year,  or  both.  Sec.  1,  Act  of  Mar.  3,  1911  (36  Stat.,  1084). 

1317J.  Same — Punishment  for  communicating  to  foreign  govern- 
ments, etc. — That  whoever,  having  committed  any  offense  defined  in 
the  preceding  section,  communicates  or  attempts  to  communicate  to 
any  foreign  government,  or  to  any  agent  or  employee  thereof,  any 
document,  sketch,  photograph,  photographic  negative,  plan,  model, 
or  knowledge  so  obtained,  taken,  or  made,  or  so  intrusted  to  him,  shall 
be  imprisoned  not  more  than  ten  years.  Sec.  2,  id.,  1085. 

1317f.  Same — Jurisdiction  for  offenses  on  high  seas  and  in  the 
Philippines. — That  offenses  against  the  provisions  of  this  Act  com- 
mitted upon  the  high  seas  or  elsewhere  outside  of  a  judicial  district 
shall  be  cognizable  in  the  district  where  the  offender  is  found  or  into 
which  he  is  first  brought;  but  offenses  hereunder  committed  within 
the  Philippine  Islands  shall  be  cognizable  in  any  court  of  said  islands 
having  original  jurisdiction  of  criminal  cases,  with  the  same  right  of 
appeal  as  is  given  in  other  criminal  cases  where  imprisonment  ex- 
ceeding one  year  forms  a  part  of  the  penalty;  an,d  jurisdiction  is 
hereby  conferred  upon  such  courts  for  such  purpose.  Sec.  3,  id. 

1318.  Employment  of  force  to  remove  unlawful  inclosures. — That 
the  President  is  hereby  authorized  to  take  such  measures  as  shall  be 
necessary  to  remove  and  destroy  any  unlawful  inclosure  of  any  of  said 
lands,  and  to  employ  civil  or  military  force  as  may  be  necessary  for 
that  purpose.  Sec.  5,  Act  of  Feb.  25, 1885  (23  Stat. 


CHAPTER  XXXI. 


THE  MILITIA— TERRITORIAL  AND  DISTRICT'  MILITIA. 


Par. 

The  militia 1319-1327 

Right  to  bear  arms 1319 

Repeal  of  certain  sections  of  the 

Revised  Statutes 1320 

Defining  terms 1321 

Composition  of  the  Organized . .  1322 

Exemptions 1323 

The  same 1324 

Organization 1325 

The  same 1326 

The  same 1327 

Encampments  and  maneuvers.  1328-1338 
Joint    encampments  with    the 

Regular  Army. 1328 

Disbursing  appropriation ;  state- 
ment of  expenses 1329 

Beginning  of  pay 1330 

Practice  marches,  camps  of  in- 
structions and  drills 1331 

Details  of  officers  and  enlisted 

men  of  Regular  Army 1332 

Officers  of  the  Regular  Army  as 

inspectors  and  instructors.  .  .   1333 
Officers  of  the  militia  attending 

United  States  military  schools  1334 
Returns  of  strength  of  Organized 
Militia;  reports  to  Congress..  1335 

Report  of  expenditures 1336 

Consultation    board    of    militia 

officers 1337 

The  same — traveling  expenses  .  1338 
In     the     service     of    the     United 

States 1339-1346 

Calling  forth  the  militia 1339 

The  same 1340 

The  same 1341 

The  same — subject  to  the  Rules 

and  Articles  of  War 1342 

Membership  of  courts-martial. .  1343 

Term  of  service 1344 

The  same 1345 

Enlistment  and  muster.  .          .   1346 


Par. 

Pay  and  emoluments 1347-1350 

Pay  and  allowances 1347 

Pensions 1348 

Beginning  of  pay 1349 

Purchase  of  travel  rations 1350 

Armament  and  equipment.  .  .   1351-1370 
Permanent    annual  appropria- 
tion   1 1351 

The  same 1352 

Thesame 1353 

The  same 1354 

The  same 1355 

Payment  during  field  or  camp 

service 1356 

Inspector  of  small-arms  practice  1357 
Supply  of  arms  and  equipments; 

accountability 1358 

Accountability    for    arms    and 

equipment 1359 

-    Ammunition  for  target  practice .  1360 
Supply  of  United  States  service 

arms 1361 

Clothing  allowance 1362 

Appropriation 1363 

Field  Artillery  material 1364 

Supplying  new  types  of  small 

arms , .   1365 

Withdrawing   material    and 

equipment  from  armories .  .  .   1366 
Sale  of  magazine  rifles  to  mili- 
tia and  rifle  clubs 1367 

Sale  of  ammunition  and  stores 

to  rifle  clubs 1368 

Disposition  of  proceeds  of  sale.  1369 
Distribution  of   automatic  pis- 
tols   1370 

Territorial  and  District  militia  1371-1381 
District  of  Columbia,  command- 
er in  chief 1371 

District  of  Columbia,  command- 
ing general 1372 

491 


402 


MILITARY   LAWS  OF   THE  UNITED   STATES. 


Territorial    and    District    militia —  Par. 
Continued. 

Army  officer  detailed  as  adju- 
tant general,  District  of  Co- 
lumbia   1373 

Retired  officers'  details,  Dis- 
trict of  Columbia 1374 

Territorial  governor  to  com- 
mand militia 1375 

Laws  in  effect  in  Hawaii. .       .  1376 


Territorial    and    District    militia —  Par. 
Continued. 
Election  of  general  officers  in 

Territories 1377 

Appointment  of  commissioned 

officers 1378 

Use  of  grounds  at  Washington 

Barracks 1379 

Issue  of  arms  to  Territories ,  1380 

The  same...  .  1381 


THE    MILITIA. 

1319.  Right  to  bear  arms. — A  well  regulated  militia,  being  neces- 
sary to  the  security  of  a  free.  State,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed.1     Constitution  of  the  United 
States,  second  amendment. 

1320.  Repeal  of  certain  sections  of  the  Revised  Statutes. — Sections 
sixteen  hundred  and  twenty-five  to  sixteen  hundred  and  sixty,  both 
included,  of  title  sixteen  of  the  Revised  Statutes,  and  section  two 
hundred  and  thirty-two  thereof,  relating  to  the  militia,  are  hereby 
repealed.    Sec.  25,  Act  of  Jan.  Ql,  1903  (32  Stat.  780) . 

1321.  Defining  terms. — Whenever  the  words  "  State  or  Territory  " 
are  used  in  the  "Act  to  promote  the  efficiency  of  the  militia,  and  for 
other  purposes,"  approved  January  twenty-first,  nineteen  hundred 
and  three,  as  amended,  they  shall  be  held  to  apply  to  and  include  the 
District  of  Columbia.     Sec.  74,  Act  of  Feb.  18, 1909  (35  Stat.  636) . 

(This  paragraph  is  added  to  the  act  of  March  1,  1889,  25  Stat.  772,  as 
section  64.) 

1322.  Composition  of — the  organised. — The  militia  shall  consist  of 
every  able-bodied  male  citizen  of  the  respective  States  and  Terri- 
tories and  the  District  of  Columbia,  and  every  able-bodied  male  of 

1  The  right  to  bear  arms  is  not  granted  by  the  Constitution ;  neither  is  it  in 
any  manner  dependent  upon  that  instrument  for  its  existence.  The  second 
amendment  means  no  more  than  that  it  shall  not  be  infringed  by  Congress, 
and  has  no  other  effect  than  to  restrict  the  powers  of  the  National  Government. 
(U.  S.  v.  Cruikshank,  92  U.  S.,  542.) 

The  right  voluntarily  to  associate  together  as  a  military  company  or  organiza- 
tion, or  to  drill  or  parade  with  arms,  without  and  independent  of  an  act  of 
Congress  or  law  of  the  State  authorizing  the  same,  is  not  an  attribute  of 
national  citizenship.  Military  organization  and  military  drill  and  parade  under 
arms  are  subjects  especially  under  the  control  of  the  government  of  every 
country.  They  can  not  be  claimed  as  rights  independent  of  law  and  are  not 
privileges  and  immunities  of  citizens  of  the  United  States.  State  governments, 
unless  restrained  by  their  own  constitutions,  have  the  power  to  regulate  or 
prohibit  associations  and  meetings  of  the  people,  except  in  the  case  of  peace- 
able assemblies  to  perform  the  duties  or  exercise  the  privileges  of  citizens  of 
the  United  States ;  and  have  also  the  power  to  control  and  regulate  the  organi- 
zation, drilling,  and  parading  of  military  bodies  and  associations,  except  when 
such  bodies  or  associations  are  authorized  by  the  militia  laws  of  the  United 
States.  The  exercise  of  this  power,  by  the  States,  is  necessary  to  the  public 
peace,  safety,  and  good  order.  ( Presser  v.  Illinois,  116  U.  S.  252,  267 ;  U.  S.  v< 
Cruikshank,  92  U.  S.,  542;  New  York  v.  Miln,  11  Pet,  102,  139.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  493 

foreign  birth  who  has  declared  his  intention  to  become  a  citizen,  who 
is  more  than  eighteen  and  less  than  forty-five  years  of  age,  and  shall 
be  divided  into  two  classes:  The  organized  militia,  to  be  known  as 
the  National  Guard  of  the  State,  Territory,  or  District  of  Columbia, 
or  by  such  other  designations  as  may  be  given  them  by  the  laws  of 
the  respective  States  or  Territories;  the  remainder  to  be  known  as 
the  Reserve  Militia:  Provided.  That  the  provisions  of  this  Act  and 
of  section  sixteen  hundred  and-  sixty-one,  Revised  Statutes,  as 
amended,  shall  apply  only  to  the  militia  organized  as  a  land  force. 
Sec.  1,  Act  of  May  27, 1908  (35  Stat.  399}. 

(This  paragraph  amends  and  reenacts  section  1  of  the  act  of  January  21, 
1903,  32  Stat.  775.) 

1323.  Exemptions. — The  Vice-president  of  the  United  States,  the 
officers,  judicial  and  executive,  of  the  Government  of  the  United 
States,  the  members  and  officers  of  each  House  of  Congress,  persons 
in  the  military  or  naval  service  of  the  United  States,  all  custom-house 
officers,  with  their  clerks,  postmasters  and  persons  employed  by  the 
United  States  in  the  transmission  of  the  mail,  ferrymen  employed  at 
any  ferry  on  a  post  road,  artificers  and  workmen  employed  in  the 
armories  and  arsenals  of  the  United  States,  pilots,  mariners  actually 
employed  in  the  sea  service  of  any  citizen  or  merchant  within  the 
United  States,  and  all  persons  who  are  exempted  by  the  laws  of  the 
resepctive  States  or  Territories  shall  be  exempted  from  militia  duty, 
without  regard  to  age.    Sec.  8,  Act  of  Jan.  21, 1903  (3%  Stat.  775). 

1324.  The  same. — Nothing  in  this  Act  shall  be  construed  to  require 
or  compel  any  member  of  any  well-recognized  religious  sect  or  organ- 
ization at  present  organized  and  existing  whose  creed  forbids  its 
members  to  participate  in  war  in  any  form,  and  whose  religious 
convictions  are  against  war  or  participation  therein,  in  accordance 
with  the  creed  of  said  religious  organizations,  to  serve  in  the  militia 
or  any  other -armed  or  volunteer  force  under  the  jurisdiction  and 
authority  of  the  United  States.     Sec.  2,  Act  of  Jan.  21,  1903  (32 
Stat.  775). 

1325.  Organisation. — The  regularly  enlisted,  organized,  and  uni- 
formed active  militia  in  the  several  States  and  Territories  and  the 
District  of  Columbia  who  have  heretofore  participated  or  shall  here- 
after participate  in  the  apportionment  of  the  annual  appropriation 
provided  by  section  sixteen  hundred  and  sixty-one  of  the  Revised 
Statutes  of  the  United  States,  as  amended,  whether  known  and  desig- 
nated as  National  Guard,  militia,  or  otherwise,  shall  constitute  the 
organized  militia.    On  and  after  January  twenty-first,  nineteen  hun- 
dred and  ten,  the  organization,  armament,  and  discipline  of  the  or- 
ganized militia  in  the  several  States  and  Territories  and  the  District 
of  Columbia  shall  be  the  same  as  that  which  is  now  or  may  hereafter 


494  MILITAEY   LAWS   OF    THE   UNITED   STATES. 

be  prescribed  for  the  Eegular  Army  of  the  United  States,  subject  in 
time  of  peace  to  such  general  exceptions  as  may  be  authorized  by  the 
Secretary  of  War.  Sec.  2,  Act  of  May  27,  1908  (35  Stat.  399). 

(This  paragraph,  with  paragraphs  1326,  1327,  and  1357,  amends  and  reenacts 
section  3  of  the  act  of  January  21,  1903,  32  Stat.  775.) 

1326.  The  same.— The  President  of  the  United  States  in  time  of 
peace  may,  by  order,  fix  the  minimum  number  of  enlisted  men  in  each 
company,  troop,  batterj^, ,  signal  corps,  engineer  corps,  and  hospital 
corps.    Sec.  2,  id.,  IfiO. 

(This  paragraph,  with  paragraphs  1325,  1327,  and  1357,  amends  and  reenacts 
section  3  of  the  act  of  January  21,  1903,  32  Stat.  775.) 

1327.  The  same. — Any  corps  of  artillery,  cavalry,  and  infantry 
existing  in  any  of  the  States  at  the  passage  of  the  Act  of  May  eighth, 
seventeen  hundred  and  ninety-two,  which,  by  the  laws,  customs,  or 
usages  of  the  said  States,  have  been  in  continuous  existence  since 
the  passage  of  said  Act,  under  its  provisions  and  under  the  provisions 
of  section  two  hundred  and  thirty-two  and  sections  sixteen  hundred 
and  twenty-five  to  sixteen  hundred  and  sixty,  both  inclusive,  of  title 
sixteen  of  the  Revised  Statutes  of  the  United  States,  relating  to  the 
militia,  shall  be  allowed  to  retain  their  accustomed  privileges,  sub- 
ject, nevertheless,  to  all  other  duties  required  by  law,  in  like  manner 
as  the  other  militia.    Sec.  2,  id. 

(This  paragraph,  with  paragraphs  1325,  1326,  and  1357,  amends  and  reenacts 
section  3  of  the  act  of  January  21,  1903,  32  Stat.  775.  See  sec.  25,  act  of  Jan.  21, 
1903  (32  Stat.  780),  which  repeals  the  sections  of  the  Revised  Statutes  above 
mentioned. ) 

ENCAMPMENTS     AND     MANEUVERS. 

1328.  Joint  encampments  with  the  Regular  Army. — The  Secretary 
of  War  is  authorized  to  provide  for  participation  by  any  part  of 
the  organized  militia  of  any  State,  Territory,  or  the  District  of 
Columbia,  on  the  request  of  the  governor  of  a  State  or  Territory, 
or  the  commanding-general  of  the  militia  of  the  District  of  Co- 
lumbia, in  the  encampments,  maneuvers,  and  field  instruction  of 
any  part  of  the  Regular  Army,  at  or  near  any  military  pest  or 
camp  or  lake  or  sea-coast  defenses  of  the  United  States.     In  such 
case  the  organized  militia  so  participating  shall  receive  the  same 
pay,  subsistence,  and  transportation  as  is  provided  by  law  for  the 
officers  and  men  of  the  Regular  Army,  and  no  part  of  the  sums  ap- 
propriated for  the  support  of  the  Regular  Army  shall  be  used  to  pay 
any  part  of  the  expenses  of  the  organized  militia  of  any  State  or  Ter- 
ritory or  the  District  of  Columbia,  while  engaged  in  joint  encamp- 
ments, maneuvers,  and  field  instruction  of  the  Regular  Army  and 
militia :  Provided,  That  the  Secretary  of  War  is  authorized,  under 
requisition  of  the  governor  of  a  State  or  Territory  or  the  command- 


MILITARY   LAWS   OF   THE   UNITED   STATES.  495 

ing-general  of  the  militia  of  the  District  of  Columbia,  to  pay  to  the 
quartermaster-general,  or  such  other  officer  of  the  militia  as  may  be 
duly  designated  and  appointed  for  the  purpose,  so  much  of  its  allot- 
ment, under  the  annual  appropriation  authorized  by  section  sixteen 
hundred  and  sixty-one,  Revised  Statutes,  as  amended,  as  shall  be 
necessary  for  the  payment,  subsistence,  transportation,  and  other  ex- 
penses of  such  portion  of  the  organized  militia  as  may  engage  in  en- 
campments, maneuvers,  and  field  instruction  with  any  part  of  the 
Regular  Army  at  or  near  any  military  post  or  camp  or  lake  or  sea- 
coast  defenses  of  the  United  States,  and  the  Secretary  of  War  shall 
forward  to  Congress,  at  each  session  next  after  said  encampments,  a 
detailed  statement  of  the  expense  of  such  encampments  and  ma- 
neuvers :  Provided,  That  the  command  of  such  military  post  or  camp 
and  the  officers  and  troops  of  the  United  States  there  stationed  shall 
remain  with  the  regular  comma.nder  of  the  post  without  regard  to  the 
rank  of  the  commanding  or  other  officers  of  the  militia  temporarily 
so  encamped  within  its  limits  or  in  its  vicinity:  Provided  further, 
That  except  as  herein  specified  the  right  to  command  during  such 
joint  encampments,  maneuvers,  and  field  instruction  shall  be  gov- 
erned by  the  rules  set  out  in  Articles  One  hundred  and  twenty-two 
and  One  hundred  and  twenty-four  of  the  rules  and  articles  for  the 
government  of  the  armies  of  the  United  States.  Act  of  Apr.  &7, 
1910  (36  Stat.  329). 

(This  paragraph  amends  and  reenacts  section  15  of  the  act  of  January  21, 
1903?  32  Stat.  777,  as  amended  by  section  9  of  the  act  of  May  27,  1908,  35  Stat. 
402.  It  also  includes  the  provision  of  the  act  of  April  23,  1904,  33  Stat.  265, 
which  prohibited  the  use  of  any  part  of  the  Army  appropriation  to  pay  any 
of  the  expenses  of  the  Organized  Militia  while  engaged  in  joint  encampments, 
maneuvers,  etc.) 

1329.  Disbursing  appropriation;  statement  of  expenses. — The  sums 
appropriated  for  the  organized  militia  for  such  joint  encampment, 
maneuvers,  and  field  instruction  shall  be  disbursed  as,  and  for  that 
purpose  shall  constitute,  one  fund;  and  the  Secretary  of  War  shall 
forward  to  Congress,  at  each  session  next  after  said  encampment,  a 
detailed  statement  of  the  expenses  of  such  encampments  and  maneu- 
vers.   Sec.  9,  Act  of  May  07, 1908  (35  Stat.  402). 

(This  paragraph,  with  paragraph  1328,  amends  and  reenacts  section  15  of  the 
act  of  January  21,  1903,  32  Stat.,  777.  And  see  paragraph  1360.) 

1330.  Beginning  of  pay. — Hereafter  when  any  portion  of  the  or- 
ganized militia  of  any  State,  Territory,  or  the  District  of  Columbia 
participates  in  the  encampment,  maneuver's,  and  field  instruction  of 
any  part  of  the  Regular  Army,  under  the  provisions  o.f  section  fifteen 
of  the  Act  of  January  twenty-first,  nineteen  hundred  and  three,  they 
may,  after  being  duly  mustered  by  an  officer  of  the  Regular  Army, 
be  paid  at  any  time  after  such  muster  for  the  period  from  the  date 


496  MILITABY   LAWS   OF    THE   UNITED   STATES. 

of  leaving  the  home  rendezvous  to  date  of  return  thereto  as  deter- 
mined in  advance,  both  dates  inclusive,  and  such  payment,  if  other- 
wise correct,  shall  pass  to  the  credit  of  the  paymaster  making  the 
same.  Act  of  June  12, 1906  (34  Stat.  249} . 

1331.  Practice  marches,  camps  of  instructions  and  drills. — Each 
State  or  Territory  furnished  with  material  of  war  under  the  pro- 
visions of  this  or  former  Acts  of  Congress  shall,  during  the  year  next 
preceding  each  annual  allotment  of  funds,  in  accordance  with  section 
sixteen  hundred  and  sixty-one  of  the  Revised  Statutes,  as  amended, 
have  required  every  company,  troop,  and  battery  in  its  organized 
militia  not  excused  by  the  governor  of  such  State  or  Territory  to 
participate  in  practice  marches  or  go  into  camp  of  instruction  at 
least  five  consecutive  days,  and  to  assemble  for  drill  and  instruction 
at  company,  battalion,  or  regimental  armories  or  rendezvous  or  for 
target  practice  not  less  than  twenty-four  times,  and  shall  also  have 
required  during  such  year   an  inspection  of  each  such  company, 
troop,  and  battery  to  be  made  by  an  officer  of  such  militia  or  an 
officer  of  the  Regular  Army.    Sec.  18,  Act  of  Jan.  21,  1903  (32  Stat. 
778). 

1332.  Details  of  officers  and  enlisted  men  of  Regular  Army. — Upon 
the  application  of  the  governor  of  any  State  or  Territory  furnished 
with  material  of  war  under  the  provisions  of  this  Act,  or  former  laws 
of  Congress,  the  Secretary  of  War  may,  in  his  discretion,  detail  one 
or  more  officers  or  enlisted  men  of  the  Army  to  report  to  the  governor 
of  such  State  or  Territory  for  duty  in  connection  with  the  organized 
militia.    All  such  assignments  may  be  revoked  at  the  request  of  the 
governor  of  such  State  or  Territory  or  at  the  pleasure  of  the  Sec- 
retary of  War.    Sec.  11,  Act  of  May  27, 1908  (35  Stat.  403} . 

(This  paragraph,  with  paragraphs  1337  and  1338,  amends  and  reenacts  section 
20  of  the  act  of  January  21,  1903,  32  Stat.  779.) 

1333.  Officers  of  the  Regular  Army  as  inspectors  and  instructors.— 
Upon  the  request  of  the  governors  of  the  several  States  and  Territo- 
ries concerned,  the  President  may  detach  officers  of  the  active  list  of 
the  Army  from  their  proper  commands  for  duty  as  inspectors  and 
instructors  of  the  Organized  Militia,  as  follows,  namely:  Not  to  ex- 
ceed one  officer  for  each  regiment  and  separate  battalion  of  infantry, 
or  its  equivalent  of  other  troops :  Provided,  That  line  officers  detached 
for  duty  with  the  Organized  Militia  under  the  provisions  hereof,  to- 
gether with  those  detached  from  their  proper  commands,  under  the 
provisions  of  law,  for  other  duty  the  usual  period  of  which  exceeds 
one  year,  shall  be  subject  to  the  provisions  of  section  twenty-seven 
of  the  Act  approved  February  second,  nineteen  hundred  and  one, 
with  reference  to  details  to  the  staff  corps,  but  the  total  number  of 
detached  officers  hereby  made  subject  to  these  provisions  shall  not 


MILITARY   LAWS   OF   THE   UNITED   STATES.  497 

exceed  two  hundred :  And  provided  further,  That  the  number  of  such 
officers  detached  from  each  of  the  several  branches  of  the  line  of  the 
Army  shall  be  in  proportion  to  the  authorized  commissioned  strength 
of  that  branch;  they  shall  be  of  the  grades  first  lieutenant  to  colonel, 
inclusive,  and  the  number  detached  from  each  grade  shall  be  in  pro- 
portion to  the  number  in  that  grade  now  provided  by  law  for  the 
whole  Army.  The  vacancies  hereby  caused  or  created  in  the  grade 
of  second  lieutenant  shall  be  filled  in  accordance  with  existing  law, 
one-half  in  each  fiscal  year  until  the  total  number  of  vacancies  shall 
have  been  filled.  Act  of  Mar.  3, 1911  (36  Stat.  1045). 

1334.  Officers   of   the   militia   attending    United  States   military 
schools. — Whenever   any  officer  or  enlisted  man   of  the   organized 
militia  shall  upon  the  recommendation  of  the  governor  of  any  State, 
Territory,  or  the  commanding  general  of  the  District  of  Columbia 
militia,  and  when  authorized  by  the  President,  attend  and  pursue  a 
regular  course  of  study  at  any  military  school  or  college  of  the 
United  States,  such  officer  or  enlisted  man  shall  receive  from  the  an- 
nual appropriation  for  the  support  of  the  Army,  the  same  travel 
allowances  and  quarters  or  commutation  of  quarters  to  which  an 
officer  or  enlisted  man  of  the  Regular  Army  would  be  entitled  for 
attending  such  school  or  college  under  orders  from  proper  military 
authority ;  such  officer  shall  also  receive  commutation  and  subsistence 
at  the  rate  of  one  dollar  per  day  and  each  enlisted  man  such  sub- 
sistence as  is  furnished  to  an  enlisted  man  of  the  Regular  Army  while 
in  actual  attendance  upon  a  course  of  instruction.    Sec.  10,  Act  of 
May  27,  1908  (35  Stat.  402). 

(This  paragraph  amends  and  reenacts  section  16  of  the  act  of  January  21, 
1903,  32  Stat.  778.) 

1335.  Returns  of  strength  of  Organized  Militia;  reports  to  Con- 
gress.— There   shall    be   appointed   in   each   State,    Territory,    and 
District  of  Columbia,  an  Adjutant-General,  who  shall  perform  such 
duties  as  may  be  prescribed  by  the  laws  of  such  State,  Territory,  and 
District,  respectively,  and  make  returns  to  the  Secretary  of  War,  at 
such  times  and  in  such  form  as  he  shall  from  time  to  time  prescribe,  of 
the  strength  of  the  organized  militia,  and  also  make  such  reports  as 
may  from  time  to  time  be  required  by  the  Secretary  of  War.     That  the 
Secretary  of  War  shall,  with  his  annual  report  of  each  year,  transmit 
to  Congress  an  abstract  of  the  returns  and  reports  of  the  adjutants- 
general  of  the  States,  Territories,  and  the  District  of  Columbia,  with 
such  observations  thereon  as  he  may  deem"  necessary  for  the  informa- 
tion of  Congress.     Sec.  12,  Act  of  Jan.  81,  1903  (32  Stat.  776). 

(See  paragraphs  1372  and  1373.) 
48985°— 15 32 


498  MILITAKY   LAWS   OF    THE   UNITED    STATES. 

1336.  Report  of  expenditures. — The  Secretary  of  War  shall  an- 
nually submit  to  Congress  a  report  of  expenditures  made  by  him 
in  the  execution  of  the  requirements  of  this  section.     Sec.  8,  Act  of 
May  27,  1908  (35  Stat.  402). 

(This  paragraph,  with  paragraphs  1361-1363,  amends  and  reenacts  section  13 
of  the  act  of  January  21,  1903,  32  Stat  777.) 

1337.  Consultation  board  of  militia  officers. — The  Secretary  of  War 
is  hereby  authorized  to  appoint  a  board  of  five  officers  on  the  active 
list  of  the  organized  militia  so  selected  as  to  secure,  as  far  as  prac- 
ticable, equitable  representation  to  all  sections  of  the  United  States, 
and  which  shall,  from  time  to  time,  as  the  Secretary  of  War  may 
direct,  proceed  to  Washington,  District  of  Columbia,  for  consultation 
with  the  Secretary  of  War  respecting  the  condition,  status,  and  needs 
of  the  whole  body  of  the  organized  militia.     Such  officers  shall  be 
appointed  for  the  term  of  four  years  unless  sooner  relieved  by  the 
Secretary  of  War.     Sec.  11,  id.,  403. 

(This  paragraph,  with  paragraphs  1332  and  1338,  amends  and  reenacts  section 
20  of  the  act  of  Jan.  21,  1903  (32  Stat.  779.) 

1338.  The  same — Traveling  expenses. — The  actual  and  necessary 
traveling  expenses  of  the  members  of  the  board,  together  with  a  per 
diem  to  be  established  by  the  Secretary  of  War,  shall  be  paid  to  the 
members  of  the  board.     The  expenses  herein  authorized,  together 
with  the  necessary  clerical  and  office  expenses  of  the  division  of 
militia  affairs  in  the  office  of  the  Secretary  of  War,  shall  constitute 
a  charge  against  the  whole  sum  annually  appropriated  under  section 
sixteen  hundred  and  sixty-one,  Revised  Statutes,  as  amended,  and 
shall  be  paid  therefrom,  and  not  from  the  allotment  duly  apportioned 
to  any  particular  State,  Territory,  or  the  District  of  Columbia ;  and 
a  list  of  such  expenses  shall  be  submitted  to  Congress  annually  by  the 
Secretary  of  War  in  connection  with  his  annual  report.     Sec.  11,  id. 

(This  paragraph,  with  paragraphs  1332  and  1337,  amends  and  reenacts  sec- 
tion 20  of  the  act  of  January  21,  1903.  32  Stat.  779.) 

IN    THE    c^RVICE    OF   THE    UNITED    STATES. 

1339.  Calling  forth  the  militia. — Whenever  the  United  States  is 
invaded  or  in  danger  of  invasion  from  any  foreign  nation,  or  of 
rebellion  against  the  authority  of  the  Government  of  the  United 
States,  or  the  President  is  unable  with  the  regular  forces  at  his  com- 
mand to  execute  the  laws  of  the  Union,  it  shall  be  lawful  for  the 
President  to  call  forth  such  number  of  the  militia  of  the  State  or  of 
the  States  or  Territories  or  of  the  District  of  Columbia  as  he  may 
deem  necessary  to  repel  such  invasion,  suppress  such  rebellion,  or  to 
enable  him  to  execute  such  laws,  and  to  issue  his  orders  for  that  pur- 
pose, through  the  governor  of  the  respective  State  or  Territory,  or 


MILITARY   LAWS   OF   THE   UNITED   STATES.  499 

through  the  commanding  general  of  the  militia  of  the  District  of 
Columbia,  from  which  State,  Territory,  or  District  such  troops  may 
be  called,  to  such  officers  of  the  militia  as  he  may  think  proper.  Sea. 
3,  id.,  400. 

(This  paragraph  amends  and  reenacts  section  4  of  the  act  of  January  21,  1903, 
32  Stat.  776.) 

1340.  The  same. — When  the  military  needs  of  the  Federal  Govern- 
ment arising  from  the  necessity  to  execute  the  laws  of  the  Union, 
suppress  insurrection,  or  repel  invasion,  can  not  be  met  by  the  regular 
forces,  the  organized  militia  shall  be  called  into  the  service  of  the 

.United  States  in  advance  of  any  volunte'er  force  which  it  may  be 
determined  to  raise.     Sec.  4,  id. 

(This  paragraph,  with  paragraphs  1344  and  1345,  amends  and  reenacts  section 
5  of  the  act  of  January  21,  1903,  32  Stat.  776.) 

1341.  The  same. — When  the  militia  of  more  than  one  State  is  called 
into  the  actual  service  of  the  United  States  by  the  President  he  may, 
in  his  discretion,  apportion  them  among  such  States  or  Territories 
or  to  the  District  of  Columbia  according  to  representative  population. 
Sec.  6,  Act  of  Jan.  21, 1903  (32  Stat.  776). 

1342.  The  same — subject  to  the  rules  and  articles  of  war. — The 
militia,  when  called  into  the  actual  service  of  the  United  States,  shall 
be  subject  to  the  same  Rules  and  Articles  of  War  as  the  regular  troops 
of  the  United  States.     Sec.  9,  id. 

1343.  Membership  of  courts -martial. — The  majority  membership  of 
courts-martial  for  the  trial  of  officers  or  men  of  the  militia  when  in 
the  service  of  the  United  States  shall  be  composed  of  militia  officers. 
Sec.  6,  Act  of  May  27, 1908  (35  Stat.  401). 

(This  paragraph  amends  and  reenacts  section  8  of  the  act  of  January  21, 
1903.     32  Stat.  776.) 

1344.  Term  of  service. — Whenever  the  President  calls  forth  the 
organized  militia  of  any  State,  Territory,  or  of  the  District  of  Colum- 
bia, to  be  employed  in  the  service  of  the  United  States,  he  may 
specify  in  his  call  the  period  for  which  such  service  is  required,  and 
the  militia  so  called  shall  continue  to  serve  during  the  term  so  speci- 
fied, either  within  or  without  the  territory  of  the  United  States, 
unless  sooner  relieved  by  order  of  the  President.     Sec.  ^,  id.,  400. 

(This  paragraph,  with  paragraphs  1340  and  1345,  amends  and  reenacts  section 
5  of  the  act  of  January  21,  1903,  32  Stat.  776.) 

1345.  The  same. — No  commissioned  officer  or  enlisted  man  of  the 
organized  militia  shall  be  held  to  service  beyond  the  term  of  his 
existing  commission  or  enlistment.    Sec.  4,  id. 

(This  paragraph,  with  paragraphs  1340  and  1344,  amends  and  reenacts  section 
5  of  the  act  of  January  21,  1903,  32  Stat.  776.) 


500  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1346.  Enlistment  and  muster. — Every  officer  and  enlisted  man  of 
the  militia  who  shall  be  called  forth  in  the  manner  hereinbefore  pre- 
scribed, shall  be  mustered  for  service  without  further  enlistment,  and 
without  further  medical  examination  previous  to  such  muster,  except 
for  those  States  and  Territories  which  have  not  adopted  the  stand- 
ard of  medical  examination  prescribed  for  the  Regular  Army :  Pro- 
vided, however,  That  any  officer  or  enlisted  man  of  the  militia  who 
shall  refuse  or  neglect  to  present  himself  for  such  muster,  upon 
being  called  forth  as  herein  prescribed,  shall  be  subject  to  trial  by 
court-martial  and  shall  be  punished  as  such  court-martial  may  direct. 
Sec.  5,  id.,  401. 

(This  paragraph  amends  and  reenacts  section  7  of  the  act  of  January  21, 
1903,  32  Stat.  776.) 

PAY   AND   EMOLUMENTS. 

1347.  Pay  and  allowances. — The  militia,  when  called  into  the  actual 
service  of  the  United  States,  shall,  during  their  time  of  service,  be 
entitled  to  the  same  pay  and  allowances  as  are  or  may  be  provided 
by  law  for  the  Regular  Army.    Sec.  10,  Act  of  Jan.  21, 1903  (32  Stat. 
776). 

1348.  Pensions. — When   any   officer,   noncommissioned   officer,   or 
private  of  the  militia  is  disabled  by  reason  of  wounds  or  disabilities 
received  or  incurred  in  the  service  of  the  United  States  he  shall  be 
entitled  to  all  the  benefits  of  the  pension  laws  existing  at  the  time 
of  his  service,  and  in  case  such  officer,  noncommissioned  officer,  or 
private  dies  in  the  service  of  the  United  States  or  in  returning  to 
his  place  of  residence  after  being  mustered  out  of  such  service,  or  at 
any  time,  in  consequence  of  wounds  or  disabilities  received  in  such 
service,  his  widow  and  children,  if  any,  shall  be  entitled  to  all  the 
benefits  of  such  pension  laws.     Sec.  22,  id.,  779. 

1349.  Beginning  of  pay. — When  the  militia  is  called  into  the  actual 
service  of  the  United  States,  or  any  portion  of  the  militia  is  called 
forth  under  the  provisions  of  this  Act,  their  pay  shall  commence 
from  the  day  of  their  appearing  at  the  place  of  company  rendezvous, 
but  this  provision  shall  not  be  construed  to  authorize  any  species  of 
expenditure  previous  to  arriving  at  such  places  of  rendezvous  which 
is  not  provided  by  existing  laws  to  be  paid  after  their  arrival  at  such 
places  of  rendezvous.    Sec.  7,  Act  of  May  27,  1908  (35  Stat.  401). 

(This  paragraph  amends  and  reenacts  section  11  of  the  act  of  January  21, 
1903,  32  Stat.  776.) 

1350.  Purchase  of  travel  rations. — Officers  of  the  organized  militia 
who  may  hereafter  be  furnished,  under  proper  authority,  with  funds 
for  the  purchase  of  coffee,  or  other  components  of  the  travel  ration 
for  the  use  of  their  respective  commands,  shall  not  be  required  to 
furnish  bonds  for  the  safe-keeping  and  disbursement  of  the  same. 
Act  of  May  11, 1908  (35  Stat.  117). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  501 

ARMAMENT  AND  EQUIPMENT. 

1351.  Permanent  annual  appropriation. — The  sum  of  two  million 
dollars  is  hereby  annually  appropriated,  to  be  paid  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  for  the  purpose  of  pro- 
viding arms,  ordnance  stores,  quartermaster  stores,  and  camp  equi- 
page for  issue  to  the  militia,  such  appropriation  to  remain  available 
until  expended.1    Sec.  1,  Act  of  June  22, 1906  (34  Stat.  449). 

(This  paragraph  amends  and  reenacts  section  1661  of  the  Revised  Statutes, 
as  amended  by  the  act  of  June  6,  1900,  31  Stat.  662.) 

1352.  The  same. — The  permanent  annual  appropriation  made  by 
the  act  of  April  twenty-third,  eighteen  hundred  and  eight,  desig- 
nated  as   section   sixteen   hundred   and   sixty-one   of   the   Revised 
Statutes,  and  which  was  increased  to  four  hundred  thousand  dol- 
lars by  the  act  of  February  twelfth,  eighteen  hundred  and  eighty- 
seven,  being  for  the  procurement  of  ordnance  and  ordnance  stores 
and  quartermaster's  stores  and  camp  equipage  for  the  use  of  the 
militia  of  the  country,  shall  not  lapse  with  the  end  of  any  fiscal  year 
nor  be  turned  into  the  surplus  fund,  but  shall  remain  a  permanent 
appropriation  and  be  available  for  the  several  States  and  Territories 
and  District  of  Columbia  until  expended  as  provided  in  said  acts  or 
other  wise  disposed  of  by   Congress.2     Act  of  Aug.   18,  1894    (®8 
Stat.  406). 

(See  paragraph  1351.) 

1353.  The  same. — Said  appropriation  shall  be  apportioned  among 
the  several  States  and  Territories,  under  the  direction  of  the  Secre- 
tary of  War,  according  to  the  number  of  Senators  and  Representa- 
tives to  which  each  State  respectively  is  entitled  in  the  Congress  of 
the  United  States,  and  to  the  Territories  and  District  of  Columbia 
such  proportion  and  under  such  regulations  as  the  President  may 
prescribe :  Provided,  however,  That  no  State  shall  be  entitled  to  the 
benefits  of  the  appropriation  apportioned  to  it  unless  the  number 
of  its  regularly  enlisted,  organized,  and  uniformed  active  militia 
shall  be  at  least  one  hundred  men  for  each  Senator  and  Representa- 
tive to  which  such  State  is  entitled  in  the  Congress  of  the  United 

1  The  appropriation  for  "  providing  arms  and  equipments  for  the  whole  body 
of  the  militia,  either  by  purchase  or  manufacture,"  authorizes  the  use  of  the 
money  in  the  manufacture  of  arms  at  the  National  Armories.  (9  Opin.  Att. 
Gen.,  16.) 

The  cost  of  transporting  arms  and  equipments  to  the  points  designated  by 
proper  authority  for  issue  to  the  militia  of  the  several  States  and  Territories 
and  the  District  of  Columbia  is  an  expenditure  incident  to  the  object  of  the 
appropriation  "  Arming  and  equipping  the  militia,"  made  by  the  act  of  Feb- 
ruary 12,  1887  (24  Stat.  401),  and  is  therefore  properly  chargeable  to  it,  unless 
provision  is  specifically  made  therefor.  (3  Dig.  2d  Comp.  Dec.  356.) 

*  The  States  do  not,  by  the  existing  laws,  have  an  absolute  right  of  property 
in  such  arms,  and  they  derive  no  authority  therefrom  to  sell  or  dispose  of  them 
at  pleasure.  (14  Opin.  Att.  Gen.,  491.) 


502  MILITABY   LAWS   OF    THE   UNITED   STATES. 

States.  And  the  amount  of  said  appropriation  which  is  thus  deter- 
mined not  to  be  available  shall  be  covered  back  into  the  Treasury: 
Provided  also,  That  the  sums  so  apportioned  among  the  several 
States  and  Territories  and  the  District  of  Columbia  shall  be  avail- 
able for  the  purpose  named  in  section  fourteen  of  the  Act  of  Janu- 
ary twenty-first,  nineteen  hundred  and  three,  for  the  actual  excess 
of  expenses  of  travel  in  making  the  inspections  therein  provided  for 
over  the  allowances  made  for  same  by  law;  for  the  promotion  of 
rifle  practice,  including  the  acquisition,  construction,  maintenance, 
and  equipment  of  shooting  galleries  and  suitable  target  ranges;  for 
the  hiring  of  horses  and  draft  animals  for  the  use  of  mounted  troops, 
batteries,  and  wagons;  for  forage  for  the  same  and  for  such  other 
incidental  expenses  in  connection  with  encampments,  maneuvers, 
and  field  instruction  provided  for  in  sections  fourteen  and  fifteen 
of  the  said  Act  of  January  twenty-first,  nineteen  hundred  and 
three,  as  the  Secretary  of  War  may  deem  necessary.1  Sec.  8,  Act  of 
June  m,  1906  (34  Stat.  449). 

(This  paragraph  amends  and  reenacts  section  2  of  the  act  of  February  12, 
1887,  24  Stat.  402.  See  paragraph  1351.) 

1354.  The  same. — The  annual  appropriation  made  by  section  six- 
teen hundred  and  sixty-one,  Revised  Statutes,  as  amended,  shall  be 
available  for  the  purpose  of  providing  for  issue  to  the  organized 
militia  any  stores  and  supplies  or  publications  which  are  supplied  to 
the  Army  by  any  department.  Any  State,  Territory,  or  the  District 
of  Columbia  may,  with  the  approval  of  the  Secretary  of  War,  pur- 
chase for  cash  from  the  War  Department,  for  use  of  its  militia, 
stores,  supplies,  material  of  war,  or  military  publications,  such  as  are 
furnished  to  the  Army,  in  addition  to  those  issued  under  the  pro- 
visions of  this  Act,  at  the  price  at  which  they  are  listed  for  issue  to 
the  Army,  with  the  cost  of  transportation  added,  and  funds  received 
from  such  sales  shall  be  credited  to  the  appropriations  to  which  they 
belong  and  shall  not  be  covered  into  the  Treasury,  but  shall  be 
available  until  expended  to  replace  therewith  the  supplies  sold  to 

*The  arms  transmitted  to  the  States  under  the  laws  which  are  embodied  in 
sections  1661,  1667,  and  1670  of  the  Revised  Statutes  are,  in  contemplation  of 
the  provisions  thereof,  to  be  held  by  the  States  for  a  specific  purpose  only, 
which  is  pointed  out  therein;  hence,  they  become  invested  with  nothing  more 
than  a  qualified  property  in  such  arms;  and  they  can  not,  as  a  matter  of 
right,  and  without  interfering  with  the  regulations  of  Congress  on  a  subject  over 
which  its  authority  is  paramount,  make  any  disposition  or  use  of  such  arms 
which  defeats  the  purpose  referred  to.  (14  Opin.  Att.  Gen.,  491.)  Congress, 
by  the  act  of  February  12,  1887  (24  Stat.  401),  has  provided  a  system  of 
accountability  for  the  several  States  in  respect  to  the  arms,  ammunition,  equi- 
page and  other  public  property  issued  to  the  States  for  the  use  of  the  militia. 
(See  paragraph  1358.) 

For  provision  of  the  statutes  respecting  certain  special  issues  of  arms  and 
ammunition  to  the  militia  of  the  States  and  Territories,  see  paragraphs  1380 
and  1381,  post. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  503 

the  States  and  Territories  and  to  the  District  of  Columbia  in  the 
manner  herein  provided.  Sec.  17,  Act  of  Jan.  81,  1903  (32  Stat. 
778). 

(See  paragraph  1351.) 

1355.  The  same. — That  hereafter  the  allotment  to  any  State,  Terri- 
tory, or  the  District  of  Columbia,  from  the  annual  appropriation 
made  by  section  sixteen  hundred  and  sixty-one,  Revised  Statutes,  as 
amended,  shall  be  available- for  the  purposes  specified  by  law  only 
under  such  conditions  as  may  be  prescribed  by  the  Secretary  of  War 
to  secure  effective  organizational  field  or  camp  service  for  instruc- 
tion and  generally  increased  field  efficiency  on  the  part  of  the  Organ- 
ized Militia.    Act  of  Apr.  27,  1914  (38  Stat.  360). 

(See  paragraph  1351.) 

1356.  Payment  during  -field  or  camp  service. — Whenever  it  shall 
appear  by  the  report  of  inspection,  which  it  shall  be  the  duty  of  the 
Secretary  of  War  to  cause  to  be  made  at  least  once  in  each  year  by 
officers    detailed  by  him  for  that  purpose,  that  the  organized  militia 
of  a  State  or  Territory  or  of  the  District  of  Columbia  is  sufficiently 
armed,  uniformed,  and  equipped  for  active  diity  in  the  field,  the 
Secretary  of  War  is  authorized,  on  the  requision  of  the  governor  of 
such  State  or  Territory,  to  pay  to  the  quartermaster-general  thereof, 
or  to  such  other  officer  of  the  militia  of  said  State  as  the  said  gov- 
ernor may  designate  and  appoint  for  the  purpose,  so  much  of  its 
allotment  out  of  the  said  annual  appropriation  under  section  sixteen 
hundred  and  sixty-one  of  the  Revised  Statutes  as  amended  as  shall 
be  necessary  for  the  payment,  subsistence,   and  transportation  of 
such  portion  of  said  organized  militia  as  shall  engage  in  actual  field 
or  camp  service  for  instruction,  and  the  officers  and  enlisted  men  of 
such  militia  while  so  engaged  shall  be  entitled  to  the  same  pay,  sub- 
sistence, and  transportation  or  travel  allowances  as  officers  and  en- 
listed men  of  corresponding  grades  of  the  Regular  Army  are  or  may 
hereafter  be  entitled  by  law,  and  the  officer  so  designated  and  ap- 
pointed shall  be  regarded  as  a  disbursing  officer  of  the  United  States, 
and  shall  render  his  accounts  through  the  War  Department  to  the 
proper  accounting  officers  of  the  Treasury  for  settlement,  and  he 
shall  be  required  to  give  good  and  sufficient  bonds  to  the  United 
States,  in  such  sums  as  the  Secretary  of  War  may  direct,  faithfully 
to  account  for  the  safe-keeping  and  payment  of  the  public  moneys 
so  instrusted  to  him  for  disbursement.    Sec.  H,  Act  of  Jan.  21,  1903 
(32  Stat.  777). 

(See  paragraph  1351.) 

1357.  Inspector  of  small-arms  practice. — In  peace  and  war  each 
organized  division  of  militia  may  have  one  inspector  of  small-arms 


504  MILITARY   LAWS   OF    THE   UNITED   STATES. 

practice  with  the  rank  of  lieutenant-colonel ;  each  organized  brigade 
of  militia  one  inspector  of  small-arms  practice  with  the  rank  of 
major;  each  regiment  of  infantry  or  cavalry  of  organized  militia 
one  assistant  inspector  of  small-arms  practice  with  the  rank  of 
captain,  and  each  separate  or  unassigned  battalion  of  infantry  or 
engineers  or  squadron  of  cavalry  of  organized  militia  one  assistant 
inspector  of  small-arms  practice  with  the  rank  of  first  lieutenant. 
Sec.  2,  Act  of  May  27, 1908  (35  Stat.  400). 

(This  paragraph,  with  paragraphs  1325,  1326,  and  1327,  amends  and  reenacts 
section  3  of  the  act  of  January  21,  1903,  32  Stat.  775. ) 

1358.  Supply  of  arms  and  equipments;  accountability. — The  pur- 
chase or  manufacture  of  arms,  ordnance  stores,  quartermaster  stores, 
and  camp  equipage  for  the  militia  under  the  provisions  of  this  Act 
shall  be  made  under  the  direction  of  the  Secretary  of  War,  as  such 
arms,  ordnance  and  quartermaster  stores,  and  camp  equipage  are  now 
manufactured  or  otherwise  provided  for  the  use  of  the  Regular  Ar,my. 
and  they  shall  be  receipted  for  and  shall  remain  the  property  of  the 
United  States,  and  be  annually  accounted  for  by  the  governors  of  the 
States  and  Territories  and  by  the  commanding  general  of  the  Na- 
tional Guard  of  the  District  of  Columbia,  for  which  purpose  the  Sec- 
retary of  War  shall  prescribe  and  supply  the  necessary  blanks  and 
make  such  regulations  as  he  may  deem  necessary  to  protect  the  in- 
terests of  the  United  States.    Sec.  3,  Act  of  June  22,  1906  (34  Stat. 
450). 

(This  paragraph  amends  and  reenacts  section  3  of  the  act  of  February  12, 
1887.) 

1359.  Accountability  for  arms   and   equipment. — Whenever   any 
property  furnished  to  any  State  or  Territory,  or  the  District  of  Co- 
lumbia, as  hereinbefore  provided,  has  been  lost  or  destroyed,  or  has 
become  unserviceable  or  unsuitable  from  use  in  service,  or  from  any 
other  cause,  it  shall  be  examined  by  a  disinterested  surveying  officer 
of  the  organized  militia,  to  be  appointed  by  the  governor  of  the  State 
or  Territory,  or  the  commanding  general  of  the  National  Guard  of 
the  District  of  Columbia,  to  whom  the  property  has  been  issued,  and 
his  report  shall  be  forwarded  by  said  governor  or  commanding  gen- 
eral direct  to  the  Secretary  of  War,  and  if  it  shall  appear  to  the  Sec- 
retary of  War  from  the  record  of  survey  that  the  property  has  been 
lost  or  destroyed  through  unavoidable  causes,  he  is  hereby  authorized 
to  relieve  the  State  from  further  accountability  therefor;  if  it  shall 
appear  that  the  loss  or  destruction  of  property  was  due  to  careless- 
ness or  neglect  or  that  its  loss  could  have  been  avoided  by  the  ex- 
ercise of  reasonable  care,  the  money  value  thereof  shall  be  charged 
against  the  allotment  to  the  States  under  section  sixteen  hundred 
and  sixty-one  of  the  Revised  Statutes  as  amended.     If  the  articles 
so  surveyed  are  found  to  be  unserviceable  or  unsuitable,  the  Secretary 


MILITARY   LAWS   OF   THE   UNITED   STATES.  505 

of  War  shall  direct  what  disposition,  by  sale  or  otherwise,  shall  be 
made  of  them,  except  unserviceable  clothing  which  shall  be  destroyed, 
and  if  sold  the  proceeds  of  such  sale  shall  be  covered  into  the  Treasury 
of  the  United  States.  Sec.  4,  id. 

(This  paragraph  amends  section  4  of  the  act  of  February  12,  1887,  24  Stat 
402.) 

1360.  Ammunition  for  target  practice. — The  troops  of  the  militia 
encamped  at  any  military  post  or  camp  of  the  United  States  may  be 
furnished  such   amounts  of  ammunition   for  instruction  in   firing 
and  target  practice  as  may  be  prescribed  by  the  Secretary  of  War, 
and  such  instruction  in  firing  shall  be  carried  on  under  the  direction 
of  an  officer  selected  for  that  purpose  by  the  proper  military  com- 
mander.    Sec.  21,  Act  of  Jan.  %1, 1903  (32  Stat.  779). 

1361.  Supply  of  United  States  service  arms. — The  Secretary  of 
War  is  hereby  authorized  to  procure,  by  purchase  or  manufacture, 
and  issue  from  time  to  time  to  the  organized  militia,  under  such 
regulations  as  he  may  prescribe,  such  number  of  the  United  States 
service  arms,  together  with  all  accessories  and  such  other  accourter- 
ments,  equipments,  uniforms,  clothing,  equipage,  and  military  stores 
of  all  kinds  required  for  the  Army  of  the  United  States,  as  are  neces- 
sary to  arm,  uniform,  and  equip  all  of  the  organized  militia  in  the 
several  States,  Territories,  and  the  District  of  Columbia,  in  accord- 
ance with  the  requirements  of  this  Act,  without  charging  the  cost  or 
value  thereof,  or  any  expense  connected  therewith,  against  the  allot- 
ment of  said  State,  Territory,  or  the  District  of  Columbia,  out  of 
the  annual  appropriation  provided  by  section  sixteen  hundred  and 
sixty-one  of  the  Revised  Statutes  as  amended,  or  requiring  payment 
therefor,  and  to  exchange,  without  receiving  any  money  credit  there- 
for, ammunition  or  parts  thereof  suitable  to  the  new  arms,  round  for 
round,  for  corresponding  ammunition  suitable  to  the  old  arms  here- 
tofore issued  to  said  State,  Territory,  or  the  District  of  Columbia 
by  the  United  States:  Provided,  That  said  property  shall  remain 
the  property  of  the  United  States,  except  as  hereinafter  provided, 
and  be  annually  accounted  for  by  the  governors  of  the  States  and 
Territories  as  required  by  law,  and  that  each  State,  Territory,  and 
the  District  of  Columbia  shall,  on  receipt  of  new  arms  or  equipments, 
turn  in  to  the  War  Department,  or  otherwise  dispose  of  in  accord- 
ance with  the  directions  of  the  Secretary  of  War,  without  receiving 
any  money  credit  therefor  and  without  expense  for  transportation, 
all  United  States  property  so  replaced  or  condemned.    Sec.  8,  Act  of 
May  27,  1908  (35  Stat.  401). 

(This  paragraph,  with  paragraphs  1336,  1362,  and  1363,  amends  and  reenacts 
section  13  of  the  act  of  January  21,  1903,  32  Stat.  777. ) 

1362.  Clothing   allowance. — When  the  organized  militia   is  uni- 
formed as  above  required  (see  Par.  1361),  the  Secretary  of  War  is 


506  MILITARY   LAWS   OF    THE   UNITED   STATES. 

authorized  to  fix  an  annual  clothing  allowance  to  each  State,  Terri- 
tory, and  the  District  of  Columbia  for  each  enlisted  man  of  the 
organized  militia  thereof,  and  thereafter  issues  of  clothing  to  such 
States,  Territories,  and  the  District  of  Columbia  shall  be  in  accord- 
ance with  such  allowance,  and  the  governors  of  the  States  and  Terri- 
tories and  the  commanding  general  of  the  militia  of  the  District  of 
Columbia  shall  be  authorized  to  drop  from  their  returns  each  year  as 
expended  clothing  corresponding  in  value  to  such  allowance.  The 
Secretary  of  War  is  hereby  further  authorized  to  issue  from  time  to 
time  to  the  organized  militia,  under  such  regulations  as  he  may  pre- 
scribe, small  arms  and  artillery  ammunition  upon  the  requisition  of 
the  governor,  in  the  proportion  of  fifty  per  centum  of  the  correspond- 
ing Regular  Army  allowance,  without  charge  to  the  State's  allotment 
from  the  appropriation  under  section  sixteen  hundred  and  sixty-one, 
Revised  Statues,  as  amended.  Sec.  #,  id. 

(This  paragraph,  with  paragraphs  1336,  1361,  and  1363,  amends  and  reenacts 
section  13  of  the  act  of  January  21,  1903,  32  Stat.  777.) 

1363.  Appropriation. — To  provide  means  to  carry  into  effect  the 
provisions  of  this  section,  the  necessary  money  to  cover  the  cost  of 
procuring,  exchanging,  or  issuing  of  arms,  accouterments,  equip- 
ments, uniforms,  clothing,  equipage,  ammunition,  and  military  stores 
to  be  exchanged  or  issued  hereunder  is  hereby  appropriated  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated:  Provided, 
That  the  sum  expended  in  the  execution  of  the  purchases  and  issues 
provided  for  in  this  section  shall  not  exceed  the  sum  of  two  million 
dollars  in  any  fiscal  year.    Sec.  #,  4-02. 

(This  paragraph,  with  paragraphs  1336,  1361,  and  1362,  amends  and  reenacts 
section  13  of- the  act  of  January  21,  1903,  32  Stat  777.) 

1364.  Field-artillery  material. — For  the  purpose  of  procuring  field- 
artillery  material  for  the  organized  militia  of  the  several  States, 
Territories,  and  the  District  of  Columbia,  without  cost  to  the  said 
States,  Territories,  or  the  District  of  Columbia,  but  to  remain  the 
property   of  the  United   States   and  to  be   accounted   for   in   the 
manner  now  prescribed  by  law,  the  Secretary  of  War  is  hereby 
authorized,  under  such  regulations   as  he  may  prescribe,   on   the 
requisitions  of  the  governors  of  the  several  States  and  Territories 
or  the  commanding  general  of  the  militia  of  the  District  of  Colum- 
bia, to  issue  said  artillery  material  to  the  organized  militia ;  and  the 
sum   of  five  hundred   and   eighty  five  thousand   dollars   is   hereby 
appropriated  and  made  immediately  available,  for  the  procurement 
and  issue  of  the  articles  constituting  the  same.    Act  of  Apr.  23, 190 % 
(33  Stat.  275). 

1365.  Supplying  new  types  of  small  arms. — It  shall  be  the  duty  of 
the  Secretary  of  War,  whenever  a  new  type  of  small  arm  shall  have 


MILITARY   LAWS   OF   THE   UNITED   STATES..  507 

been  adopted  for  the  use  of  the  Regular  Army,  and  when  a  sufficient 
quantity  of  such  arms  shall  have  been  manufactured  to  constitute, 
in  his  discretion,  an  adequate  reserve  for  the  armament  of  any  regu- 
lar and  volunteer  forces  that  it  may  be  found  necessary  to  raise  in 
case  of  war,  to  cause  the  organized  militia  of  the  United  States  to  be 
furnished  with  small  arms  of  the  type  so  adopted,  with  bayonets 
and  the  necessary  accouterments  and  equipments,  including  ammuni- 
tion therefor:  Provided,  That  such  issues  shall  be  made  in  the  man- 
ner provided  in  section  thirteen  of  the  Act  approved  January  twenty- 
first,  nineteen  hundred  and  three,  entitled  "An  Act  to  promote  the 
efficiency  of  the  militia,  and  for  other  purposes."  Act  of  Mar.  2, 
1907  (34  Stat.  117^). 

1366.  Withdrawing  material^ and  equipment  from  armories. — For 
the  purchase  of  material,  equipment,  books  of  instruction,  range 
finders,  and  fire-control  equipment  for  the  instruction  and  use  of 
State    coast    artillery    organizations,     *     *     *     dollars:    Provided, 
That  in  time  of  war,  or  threatened  war,  such  equipment  may,  in  the 
discretion  of  the  Secretary  of  War,  be  withdrawn  from  armories  or 
other  places  where  it  is  in  use  by  the  State  coast  artillery  organiza- 
tions, and  may  be  used  in  the  fortifications  of  the  United  States. 
Act  of  Mar.  3, 1909  (35  Stat.  750). 

1367.  Sale  of  magazine  rifles  to  militia  and  rifle  clubs. — The  Secre- 
tary of  War  is  hereby  authorized  to  sell,  at  the  prices  at  which  they 
are  listed  for  the  Army,  upon  the  request  of  the  governors  of  the 
several  States  and  Territories,  such  magazine  rifles  belonging  to  the 
United  States  as  are  not  necessary  for  the  equipment  of  the  Army  and 
the  organized  militia,  for  the  use  of  rifle  clubs  formed  under  regula- 
tions prepared  by  the  national  board  for  the  promotion  of  rifle  prac- 
tice and  approved  by  the  Secretary  of  War.    Sec.  1,  Act  of  Mar.  3, 
1905  (33  Stat.  986). 

( See  paragraph  1354. ) 

1368.  Sale  of  ammunition  and  stores  to  rifle  clubs. — The  Secretary 
of  War  is  hereby  authorized  in  his  discretion  to  sell  to  the  several 
States  and  Territories,  as  prescribed  in  section  seventeen  of  the  Act 
approved  January  twenty-first,  nineteen  hundred  and  three,  for  the 
use  of  said  clubs,  ammunition,  ordnance  stores,  and  equipments  of 
the  Government  standard  at  the  prices  at  which  they  are  listed  for 
the  Army.    The  practice  of  the  rifle  clubs  herein  provided  shall  be 
carried  on  in  conformity  to  regulations  prescribed  by  the  national 
board  for  the  promotion  of  rifle  practice,  approved  by  the  Secretary 
of  War,  and  the  results  thereof  shall  be  filed  in  the  office  of  the 
Military  Secretary  of  the  Army.     Sec.  2,  id.,  987. 

(By  an  act  dated  March  2,  1907,  34  Stat  1158,  the  office  of  the  Military  Sec- 
retary of  the  Army,  referred  to  in  this  paragraph,  was  changed  to  The  Adjutant 
General's  Office.  See  paragraph  436.) 


508  MILITARY   LAWS  OF    THE   UNITED   STATES. 

1369.  Disposition  of  proceeds  of  sale. — Hereafter  whenever  articles 
of  government  property  are  sold  for  cash  to  any  State,  Territory,  or 
to  the  District  of  Columbia,  for  the  use  of  the  organized  militia, 
thereby  ceasing  to  be  the  property  of  the  United  States,  none  of  the 
articles  so  sold  shall  be  received  back  by  any  department  of  the  Gov- 
ernment upon  the  basis  of  allowing  any  credit  therefor,  except  when 
such  articles  form  part  of  the  equipment  of  troops  mustered  into  the 
service  of  the  United  States  in  time  of  war.    Sec.  3,  Act  of  June  23, 
1910  (36  Stat.  603). 

1370.  Distribution  of  automatic  pistols. — Whenever  in  his  opinion 
a  sufficient  number  of  automatic  pistols  of  the  standard  service  type, 
holsters,  and  pistol-cartridge  boxes  therefor,  shall  have  been  pro- 
cured and  be  available  for  the  purpose;  the  Secretary  of  War  is 
hereby  authorized  to  issue,  on  the  requisition  of  the  governors  of  the 
several  States  and  Territories,  or  of  the  commanding  general  of  the 
Militia  of  the  District  of  Columbia,  such  number  of  standard  pistols, 
holsters,  and  pistol-cartridge  boxes  therefor  as  are  required  for  arm- 
ing all  of  the  Organized  Militia  in  said  States,  Territories,  and  Dis- 
trict of  Columbia,  without  charging  the  cost  or  value  thereof,  or  any 
expense  connected  therewith,  against  the  allotment  to  said  State, 
Territory,  or  District  of  Columbia,  out  of  the  annual  appropriation 
provided  by  section  sixteen  hundred  and  sixty-one  of  the  Revised 
Statutes,  as  amended,  or  requiring  payment  therefor,  and  to  ex- 
change, without  receiving  any  money  credit  therefor,  ammunition, 
or  parts  thereof,  suitable  to  the  new  standard  pistol:  round  for  round, 
for  corresponding  ammunition  suitable  to  the  old  revolver  thereto- 
fore issued  to  said  States,  Territory,  or  District  by  the  United  States : 
Provided,  That  the  said  standard  pistols,  holsters,  and  pistol-car- 
tridge boxes  therefor  shall  be  receipted  for  and  shall  remain  the 
property  of  the  United  States  and  be  annually  accounted  for  by  the 
governors  of  the  States  and  Territories  and  the  commanding  general 
of  the  Militia  of  the  District  of  Columbia  as  now  required  by  law, 
and  that  each  State,  Territory,  and  District  shall,  on  receipt  of  the 
new  pistols:  holsters,  and  pistol-cartridge  boxes,  and  ammunition, 
turn  into  the  Ordnance  Department  of  the  United  States  Army,  with- 
out receiving  any  money  credit  therefor  and  without  expense  for 
transportation,  all  United  States  revolvers  and  ammunition  therefor, 
holsters,  and  revolver-cartridge  boxes  now  in  its  possession. 

To  provide  means  to  carry  into  effect  the  foregoing  provisions,  the 
necessary  money,  not  to  exceed  three  hundred  thousand  dollars,  to 
recover  the  cost  of  exchanging  or  issuing  the  new  pistols,  ammunition 
therefor,  holsters,  and  pistol-cartridge  boxes  to  be  exchanged  or 
issued  hereunder,  is  hereby  appropriated  out  of  any  moneys  in  the 
Treasury  not  otherwise  appropriated.  Act  of  Mar.  3, 1911  (36  Stat. 
1057). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  509 

TERRITORIAL   AND   DISTRICT  MILITIA. 

1371.  District  of  Columbia,  commander  in  chief. — The  President  of 
the  United  States  shall  be  the  commander  in  chief  of  the  militia  of 
the  District  of  Columbia.    Sec.  6,  Act  of  Mar.  1, 1889  (25  Stat.  773). 

1372.  District  of  Columbia,  commanding  general. — There  shall  be 
appointed  and  commissioned  by  the  President  of  the  United  States 
a  commanding  general  of  the  militia  of  the  District  of  Columbia, 
with  the  rank  of  brigadier-general,  who  shall  hold  office  until  his 
successor  is  appointed  and  qualified,  but  may  be  removed  at  any  time 
by  the  President.    Sec.  7,  id. 

1373.  Army  officer  detailed  as  Adjutant  General,  District  of  Co- 
lumbia.— -The  President  may  assign  an  officer  of  the  Army  to  act 
as  adjutant-general  of  the  militia  of  the  District  of  Columbia,  who, 
while  so  assigned,  shall  be  commissioned  as  such  and  be  subject  to 
the  orders  of  the  commanding  general  and  the  provisions  of  this  act : 
Provided,  however,  That  the  officer  so  assigned  shall  receive  no  other 
pay  or  emolument  than  that  to  which  his  rank  in  the  Army  entitles 
him  when  on  detached  service.     Sec.  9,  id. 

1374.  Retired  officers  details,  District  of  Columbia. — The  President 
of  the  United  States  may  detail  as  adjutant-general  of  the  District 
of  Columbia  militia  any  retired  officer  of  the  Army  who  may  be 
nominated  to  the  President  by  the  brigadier-general  commanding 
the  District  of  Columbia  militia,  said  retired  officer  while  so  detailed 
to  have  the  active-service  pay  and  allowances  of  his  rank  in  the 
Kegular  Army.    Act  of  June  6, 1900  (31  Stat.  671). 

1375.  Territorial  governor  to   command  militia. — The  executive 
power  of  each  Territory  shall  be  vested  in  a  governor,  who  shall  hold 
his  office  for  four  years,  and  until  his  successor  is  appointed  and 
qualified,  unless  sooner  removed  by  the  President.     He  shall  reside 
in  the  Territory  for  which  he  is  appointed,  and  shall  be  commender 
in  chief  of  the  militia  thereof.     He  may  grant  pardons  and  reprieves, 
and  remit  fines  and  forfeitures,  for  offenses  against  the  laws  of  the 
Territory  for  which  he  is  appointed,  and  respites  for  offenses  against 
the  laws  of  the  United  States,  till  the  decision  of  the  President  can 
be  made  known  thereon.     He  shall  commission  all  officers  who  are 
appointed  under  the  laws  of  such  Territory,  and  shall  take  care  that 
the  laws  thereof  be  faithfully  executed.     Sec.  1841,  R.  S. 

1376.  Laws  in  effect  in  Hawaii.    The  Constitution,  and,  except  as 
otherwise  provided,  all  the  laws  of  the  United  States,  including 
laws  carrying  general  appropriations,  which  are  not  locally  inap- 
plicable, shall  have  the  same  force  and  effect  within  the  said  Ter- 
ritory as  elsewhere  in  the  United  States:  Provided,  That  sections 
eighteen  hundred  and  forty-one  to  eighteen  hundred  and  ninety-one, 
inclusive,  nineteen  hundred  and  ten  and  nineteen  hundred  and  twelve, 


510  MILITABY   LAWS   OF   THE  UNITED   STATES. 

of  the  Revised  Statutes  [providing,  among  other  things,  for  election 
of  general  officers  of  the  militia] ,  and  the  amendments  thereto,  and  an 
Act  entitled  "An  Act  to  prohibit  the  passage  of  local  or  special  laws 
in  the  Territories  of  the  United  States,  to  limit  territorial  indebted- 
ness, and  for  other  purposes,"  approved  July  thirtieth,  eighteen  hun- 
dred and  eighty-six,  and  the  amendments  thereto,  shall  not  apply  to 
Hawaii.  Sec.  1,  Act  of  May  27, 1910  (36  Stat.  443) . 

(This  provision  amends  and  reenacts  section  5  of  the  act  entitled  "An  act 
to  provide  a  government  for  the  Territory  of  Hawaii,"  approved  April  13,  1900, 
31  Stat.  141.) 

1377.  Election  of  general  officers  in  territories. — Justices  of  the 
peace  and  all  general  officers  of  the  militia  in  the  several  Territories 
shall  be  elected  by  the  people  in  such  manner  as  the  respective  legis- 
latures may  provide  by  law.    Sec.  1856,  R.  S. 

1378.  Appointment  of  commissioned  officers. — All  township,  dis- 
trict, and  county  officers,  except  justices  of  the  peace  and  general 
officers  of  the  militia,  shall  be  appointed  or  elected  in  such  manner 
as  may  be  provided  by  the  governor  and  legislative  assembly  of  each 
Territory;  and  all  other  officers  not  herein  otherwise  provided  for 
the  governor  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  legislative  council  of  each  Territory  shall  appoint;  but,  in 
the  first  instance,  where  a  new  Territory  is  hereafter  created  by  Con- 
gress, the  governor  alone  may  appoint  all  the  officers  referred  to  in 
this  and  the  preceding  section  and  assign  them  to  their  respective 
townships,   districts,   and   counties;   and   the  officers   so   appointed 
shall  hold  their  offices  until  the  end  of  the  first  session  of  the  legis- 
lative assembly.    Sec.  1857,  R.  S. 

1379.  Use  of  grounds  at  Washington  Barracks. — National  Guard 
shall  have  the  use  of  the  drill  grounds  and  rifle-range  at  the  Wash- 
ington Barracks,  subject  to  the  approval  of  the  Secretary  of  War, 
and  the  commanding  general  of  the  militia  shall  provide  such  addi- 
tional targets  and  accessories  as  may  be  necessary  for  the  use  of  the 
militia.    Sec.  47,  Act  of  Feb.  18, 1909  (35  Stat.  634)  • 

(This  has  reference  to  the  National  Guard  of  the  District  of  Columbia. 
The  paragraph  amends  section  44  of  the  act  of  March  1,  1889  (25  Stat.  778), 
by  changing  the  number  of  the  section  from  44  to  47.) 

1380.  Issue  of  arms  to  Territories. — That  the  Secretary  of  War  is 
hereby  authorized  to  cause  to  be  issued  to  the  Territories,  and  the 
States  bordering  thereon,  such  arms  as  he  may  deem  necessary  for 
their  protection,  not  to  exceed  one  thousand  to  said  State  and  Terri- 
tories each,  and  ammunition  for  the  same,  not  to  exceed  fifty  ball 
cartridges  for  each  arm:  Provided,  That  such  issues  shall  be  only 
from  arms  owned  by  the  Government  which  have  been  superseded 
and  no  longer  issued  to  the  Army:  Provided,  however,  That  said 
arms  shall  be  issued  only  in  the  following  manner,  and  upon  the 


MILITARY   LAWS   OF   THE   UNITED   STATES.  511 

following  conditions,  namely,  upon  the  requisition  of  the  governors 
of  said  States  or  Territories  showing  the  absolute  necessity  of  arms 
for  the  protection  of  the  citizens  and  their  property  against  Indian 
raids  into  said  States  or  Territories,  also  that  militia  companies  are 
regularly  organized  and  under  control  of  the  governors  of  said 
States  or  Territories  to  whom  said  arms  are  to  be  issued,  and  that 
said  governor  or  governors  shall  give  a  good  and  sufficient  bond  for 
the  return  of  said  arms  or  payment  for  the  same  at  such  time  as  the 
Secretary  of  War  may  designate:  Provided,  That  the  quota  to  the 
States  now  authorized  by  law  shall  not  hereby  be  diminished.  Joint 
Res.  No.  13,  July  3, 1876  (19  Stat.  214). 

1381.  The  same. — That  the  Secretary  of  War  is  hereby  authorized 
to  cause  to  be  issued  to  each  of  the  Territories  of  the  United  States 
(in  addition  to  arms  and  ammunition  the  issue  of  which  has  been 
heretofore  provided  for),  such  arms  not  to  exceed  one  thousand  in 
number  as  he  may  deem  necessary,  and  ammunition  for  the  same  not 
to  exceed  fifty  ball  cartridges  for  each  arm:  Provided,  That  such 
issue  shall  be  only  from  arms  owned  by  the  Government  of  the  United 
States,  which  have  been  superseded  and  no  longer  issued  to  the 
Army :  And  provided  further,  That  said  arms  shall  be  issued  only  in 
the  following  manner,  and  upon  the  following  conditions,  namely, 
upon  the  requisition  of  the  governors  of  said  Territories  showing 
the  absolute  necessity  for  arms  for  the  protection  of  citizens  and 
their  property  against  hostile  Indians  within  or  of  Indian  raids  into 
such  Territories:  And  provided  further,  That  the  said  governor 
or  governors  of  said  Territories  to  whom  the  said  arms  may  be  issued 
shall  give  good  and  sufficient  bond  or  bonds  for  the  return  of  said 
arms,  or  payment  therefor,  at  such  time  as  the  Secretary  of  War  may 
designate,  as  now  provided  for  by  law.  Joint  Res.  No.  86,  Jjwne  7, 
1878  (20  Stat. 


CHLAJPTER  XXXII, 


VOLUNTEERS. 


Par. 

Land  forces  of  the  United  States, 
composition  of 1382 

Volunteer  forces,  only  to  be  organ- 
ized during  existence  of  war,  etc  .  1383 

Same  —  raising,  organizing,  etc . ; 
President's  proclamation  for 1384 

Same — subject  to  laws,  regulations, 
etc . ,  governing  Regular  Army 1385 

Same — President  to  appoint  officers 
of 1386 

Same  —  staff  officers  for' — appoint- 
ment of 1387 

Same — officers  for,  may  be  appointed 
from  Regular  Army 1388 


Par. 


Same — vacancies  in  Regular  Army 
caused  by  appointment  of  officers 
of  in  volunteer  forces 1389 

Same— returns  and  muster  rolls  of..  1390 

Same — recruiting  and  maintenance 
of,  in  time  of  war,  etc 1391 

Same  —  organization  of  recruiting 
system  for 1392 

Same — assignment  and  transfers  of 
officers  of 1393 

Same — pay,  allowances  and  pension- 
able status  of 1394 

Same — repeal  of  all  laws  in  conflict 
with..  .  1395 


1382.  Land  forces  of  United  States,  composition  of. — That  the  land 
forces  of  the  United  States  shall  consist  of  the  Regular  Army,  the 
organized  land  militia  while  in  the  service  of  the  United  States,  and 
such  volunteer  forces  as  Congress  may  authorize.    Sec.  1,  Act  of  Apr. 
26,  1914  (38  Stat.  347). 

1383.  Volunteer  forces,  only  to  be  organised  during  existence  of 
war,  etc. — That  the  volunteer  forces  shall  be  raised,  organized,  and 
maintained,  as  in  this  Act  provided,  only  during  the  existence  of 
war,  or  while  war  is  imminent,  and  only  after  Congress  shall  have 
authorized  the  President  to  raise  such  a  force:  Provided,  That  the 
term  of  enlistment  in  the  volunteer  forces  shall  be  the  same  as  that 
for  the  Regular  Army,  exclusive  of  reserve  periods,  and  all  officers 
and  enlisted  men  composing  such  volunteer  forces  shall  be  mustered 
out  of  the  service  of  the  United  States  as  soon  as  practicable  after 
the  President  shall  have  issued  a  proclamation  announcing  the  termi- 
nation of  the  war  or  the  passing  of  the  imminence  thereof.    Sec.  2,  id. 

1384.  Same — raising,  organizing,   etc.;  Presidents   proclamation 
for. — That  when  volunteer  forces  are  to  be  raised  the  President  shall 
issue  his  proclamation,  stating  the  number  of  men  desired  for  each 
arm,  corps,  and  department,  within  such  limits  as  may  be  fixed  by 
law,  and  he  shall  prescribe  such  rules  and  regulations,  not  incon- 
sistent with  the  terms  of  this  Act,  as  may  be  necessary  for  the  pur- 
pose of  examining,  organizing,  and  receiving  into  the  service  the 

48985°— 15 33  513 


514  MILITARY   LAWS   OF    THE   UNITED   STATES. 

men  called  for:  Provided,  That  the  power  to  organize  volunteer 
forces  shall  include  the  power  to  provide,  within  such  limits  as  are 
or  may  be  prescribed  by  law,  the  officers  and  enlisted  men  of  all 
grades  and  classes,  and  the  trained  nurses,  male  and  female,  that  may 
be  necessary  in  the  various  arms,  corps,  and  departments:  Provided 
further,  That  when  three- fourths  of  the  prescribed  minimum  en- 
listed strength  of  any  company,  troop,  or  battery,  or  when  three- 
fourths  of  the  prescribed  minimum  enlisted  strength  of  each  com- 
pany, troop,  or  battery  comprised  in  any  battalion  or  regiment  of 
the  organized  land  militia  of  any  State,  Territory,  or  the  District 
of  Columbia,  organized  as  prescribed  by  law  and  War  Department 
regulations,  shall  volunteer  and  be  accepted  for  service  in  the  Vol- 
unteer Army  as  such  company,  troop,  battery,  battalion  or  regiment, 
such  organization  may  be  received  into  the  volunteer  forces  in  ad- 
vance of  other  organizations  of  the  same  arm  or  class  from  the  same 
State,  Territory,  or  District,  and  the  officers  in  the  organized  land 
militia  service  with  such  organization  may  then,  within  the  limits 
prescribed  by  law,  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  as  officers  of  corresponding  grades 
in  the  Volunteer  Army  and  be  assigned  to  the  same  grades  in  the  said 
organization  or  elsewhere  as  the  President  may  direct :  Provided  fur- 
ther, That  all  enlisted  men  received  into  the  service  in  the  volunteer 
forces  shall,  as  far  as  practicable,  be  taken  from  the  several  States 
and  Territories  and  the  District  of  Columbia  in  proportion  to  the 
respective  populations  thereof:  Provided  further,  That  when  the 
raising  of  a  volunteer  force  shall  have  been  authorized  by  Congress, 
and  after  the  organized  land  militia  of  any  arm  or  class  shall  have 
been  called  into  the  military  service  of  the  United  States,  volunteers 
of  that  particular  arm  or  class  may  be  raised  and  accepted  into  said 
service  in  accordance  with  the  terms  of  this  Act  regardless  of  the 
extent  to  which  other  arms  or  classes  of  said  militia  shall  have  been 
called  into  said  service.  Sec.  3,  id.1 

1385.  Same — subject  to  laws,  regulations,  etc.,  governing  Regular 
Army. — That  the  volunteer  forces  shall  be  subject  to  the  laws,  orders, 
and  regulations  governing  the  Regular  Army  in  so  far  as  such  laws, 

1  Under  the  authority  conferred  by  the  acts  of  April  20,  and  April  22,  1898, 
and  in  pursuance  of  the  declaration  of  war  with  the  Kingdom  of  Spain  con- 
tained in  the  act  of  April  25,  1898,  a  call  was  addressed  to  the  governors  of  the 
several  States  for  a  force  of  125,000  volunteers.  (G.  O.  30,  A.  G.  O.  1898.)  For 
regulations  respecting  the  enrollment,  armament,  and  equipment  of  the  volunteer 
forces  thus  called  into  the  service  of  the  United  States,  see  General  Orders  26, 
31,  33,  and  41,  A.  G.  O.  of  1898. 

Section  6  of  the  act  of  April  22,  1898,  conferred  authority  upon  the  President 
to  organize  companies,  troops,  battalions,  or  regiments,  possessing  special 
qualifications,  from  the  nation  at  large,  not  to  exceed  three  thousand  men, 
under  such  rules  and  regulations,  including  the  appointment  of  the  officers 
thereof,  as  may  be  prescribed  by  the  Secretary  of  War.  The  act  of  May  11, 
1898  (30  Stat.  405),  authorized  the  organization  of  "a  volunteer  brigade  of 


MILITARY   LAWS   OF   THE   UNITED   STATES.  515 

orders,  and  regulations  are  applicable  to  officers  or  enlisted  men 
whose  permanent  retention  in  the  military  service,  either  on  the  ac- 
tive list  or  on  the  retired  list,  is  not  contemplated  by  existing  law; 
and  no  distinction  shall  be  made  between  the  Regular  Army,  the 
organized  militia  while  in  the  military  service  of  the  United  States, 
and  the  volunteer  forces  in  respect  to  promotion  or  to  the  conferring 
upon  officers  or  enlisted  men  of  brevet  rank,  medals  of  honor,  cer- 
tificates of  merit,  or  other  rewards  for  distinguished  service,  nor  in 
respect  to  the  eligibility  of  any  officer  of  said  Army,  militia,  or  volun- 
teer forces  for  service  upon  any  court-martial,  court  of  inquiry,  or 
military  commission:  Provided,  That  the  organization  of  all  units 
of  the  line  and  of  the  signal  troops  of  the  volunteer  forces  shall  be 
the  same  as  that  prescribed  by-law  and  regulations  for  the  corre- 
sponding units  of  the  Regular  Army :  Provided  further,  That  when 
military  conditions  so  require  the  President  may  organize  the  land 
forces  of  the  United  States  into  brigades  and  divisions  and  such 
higher  units  as  he  may  deem  necessary,  and  the  composition  of  units 
higher  than  the  regiment  shall  be  as  he  may  prescribe:  Provided 
further,  That  to  each  regiment  of  Infantry,  Cavalry,  and  Artillery, 
and  to  each  battalion  of  Engineers  and  Signal  Corps  troops  organ- 
ized under  this  Act,  there  shall  be  attached  the  same  personnel  of  the 
Medical  Department  as  are  attached  to  like  organizations  of  the 
Regular  Army :  Provided  further,  That  the  organization  of  the  coast 
defenses,  of  machine-gun  detachments,  establishments  of  the  Medical 
Department,  remount  depots,  military  trains,  secret-service  agencies, 
military  prisons,  lines  of  communication,  including  their  supply 
depots,  and  of  other  adjuncts  that  may  be  necessary  in  the  prosecu- 
tion of  war,  and  the  organization  of  which  is  not  otherwise  provided 
for  by  law,  shall  be  as  the  President  may  from  time  to  time  direct. 
Sec.  4,  id. 

1386.  Same — President  to  appoint  officers  of. — That  except  as 
otherwise  provided  herein  the  President  is  authorized,  by  and  with 
the  advice  and  consent  of  the  Senate,  to  appoint  all  volunteer  officers 
required  by  this  Act,  but  the  number  and  grade  of  such  officers  shall 
not  exceed  the  number  and  grade  of  like  officers  provided  for  a  like 

engineers  from  the  nation  at  large,  to  consist  of  not  more  than  three  regiments 
and  not  more  than  three  thousand  five  hundred  men,  possessing  the  special 
qualifications  necessary  for  engineer  troops,  under  such  rules  and  regulations, 
including  the  appointment  of  the  officers  thereof,  as  may  be  prescribed  by  the 
Secretary  of  War."  By  the  same  enactment  the  organization  of  '  an  additional 
volunteer  force  of  not  exceeding  ten  thousand  enlisted  men  possessing  im- 
munity from  disease  incident  to  tropical  climates"  was  also  authorized. 
The  officers  of  these  forces  were  to  be  appointed  by  the  President  with  the 
advice  and  consent  of  the  Senate,  and  they  were  not  apportioned  among  the 
States  and  Territories,  as  required  in  section  5  of  the  act  of  April  22,  1898.  The 
act  of  May  18,  1898  (30  Stat.  418),  authorized  the  formation  of  a  volunteer 
signal  corps.  This  statute  contained  the  requirement  that  "  two-thirds  of  all 
officers  below  the  rank  of  major  and  a  like  proportion  of  the  enlisted  men  shall 
be  skilled  electricians  or  telegraph  operators." 


516  MILITARY   LAWS   OF    THE   UNITED   STATES. 

force  of  the  Regular  Army :  Provided,  That  all  appointments  below 
the  grade  of  brigadier  general  in  the  line  of  the  volunteer  forces 
shall  be  by  commission  in  an  arm  of  the  service  and  not  by  commis- 
sion in  any  particular  regiment ;  and  officers  in  each  arm  of  the  serv- 
ice shall  be  assigned  to  organizations  of  that  arm,  and  transferred 
from  one  organization  to  another  in  that  arm,  as  the  interests  of  the 
service  may  require,  by  orders  from  the  Secretary  of  War :  Provided 
•further,  That  no  officer  above  the  grade  of  colonel  shall  be  appointed 
under  the  provisions  of  this  Act.  Sec.  5,  id.,  31$. 

1387.  Same — staff  officers  for — appointment  of. — That  to  provide 
the  staff  officers  that  will  be  necessary  in  the  various  staff  corps  and 
departments  in  time  of  war  or  while  war  is  imminent,  and  that  are 
not  otherwise  provided  for  in  this  Act,  the  President  is  authorized  to 
appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  such 
number  of  volunteer  staff  officers  of  grades  authorized  by  law  for 
the  Regular  Army  as  he  may  find  necessary  for  such  corps  and  de- 
partments: Provided,  That  the  total  number  of  such  staff  officers 
so  appointed,  including  all  such  officers  of  the  organized  militia 
called  into  the  military  service  of  the  United  States,  shall  not  exceed 
the  ratio  of  one  officer  to  two  hundred  enlisted  men  for  all  militia 
and  volunteer  forces  called  into  the  military  service  of  the  United 
States :  Provided  further,  That  the  number  of  volunteer  staff  officers 
appointed  in  any  grade  in  the  various  staff  corps  and  departments 
shall  not  exceed  in  any  staff  corps  or  department  the  proportionate 
strength  of  regular  officers  of  the  corresponding  grade  as  established 
by  law   for  the  corresponding   staff   corps  or   department   of  the 
Regular  Army :  Provided  further,  That  the  President  may  appoint, 
by  and  with  the  advice  and  consent  of  the  Senate,  volunteer  chap- 
lains at  the  rate  of  one  for  each  regiment  of  Volunteer  Infantry, 
Cavalry,  and  Field  Artillery,  and  one  for  every  twelve  companies 
of  Volunteer  Coast  Artillery  raised,  with  rank  corresponding  to 
that  established  by  law  for  chaplains  in  the  Regular  Army.     Sec. 
6,  id. 

1388.  Same — officers  for  may  ~be  appointed  from  Regular  Army. — 
That  in  appointing  the  volunteer  officers  authorized  by  this  Act 
the  President  may  select  them  from  the  Regular  Army,  from  those 
duly  qualified  and  registered  pursuant  to  section  twenty-three1  of 

1  List  of  eligibles  for  commissions. — For  the  purpose  of  securing  a  list  of 
persons  specially  qualified  to  hold  commissions  in  any  volunteer  force  which 
may  hereafter  be  called  for  and  organized  under  the  authority  of  Congress, 
other  than  a  force  composed  of  organized  militia,  the  Secretary  of  War  is  au- 
thorized from  time  to  time  to  convene  boards  of  officers  at  suitable  and  con- 
venient army  posts  in  different  parts  of  the  United  States,  who  shall  examine 
as  to  their  qualifications  for  the  command  of  troops  or  for  the  performance  of 
staff  duties  all  applicants  who  shall  have  served  in  the  Regular  Army  of  the 
United  States,  in  any  of  the  volunteer  forces  of  the  United  States,  or  in  the 
organized  militia  of  any  State  or  Territory  or  District  of  Columbia,  or  who, 
being  a  citizen  of  the  United  States,  shall  have  attended  or  pursued  a  regular 


MILITARY   LAWS   OF   THE   UNITED   STATES.  517 

the  Act  of  Congress  approved  January  twenty-first,  nineteen  hun- 
dred and  three,  from  the  country  at  large,  from  the  organized  land 
militia  of  the  District  of  Columbia,  and,  upon  the  recommendation 
of  the.  various  governors,  from  the  organized  land  militia  of  the 
several  States  and  Territories  in  proportion,  as  far  as  practicable,  to 
their  respective  populations,  and  as  far  as  compatible  with  the 
interests  of  the  military  service,  from  the  localities  from  which  the 
troops  with  which  the  officers  appointed  upon  said  recommendation 
are  to  serve  shall  have  been  recruited:  Provided,  That  in  appoint- 
ments from  the  country  at  large  preference  shall  be  given  those  who 
shall  have  had  honorable  service  in  the  Regular  Army,  the  National 
Guard,  or  the  volunteer  forces,  or  who  shall  have  been  graduated 
from  educational  institutions  in-  which  military  instruction  is  com- 
pulsory :  Provided  further,  That  at  the  same  time,  not  to  exceed  one 
Regular  Army  officer  shall  hold  a  volunteer  commission  in  any  one 
battalion  of  volunteer  engineers  or  signal  troops,  or  in  any  one  bat- 
i  alion  of  Volunteer  Field  Artillery ;  and  not  to  exceed  four  Regular 
Army  officers  shall,  at  the  same  time,  hold  commissions  in  any  one 
regiment  of  Volunteer  Cavalry,  Field  Artillery,  or  Infantry,  or  in 
any  twelve  companies  of  Coast  Artillery,  including  their  field  and 
staff :  And  provided  further,  That  Regular  Army  officers  appointed 
as  officers  of  Volunteers  under  this  Act  shall  not  thereby  vacate  their 

course  of  instruction  in  any  military  school  or  college  of  the  United  States 
Army,  or  shall  have  graduated  from  any  educational  institution  to  which  an 
officer  of  the  Army  or  Navy  has  been  detailed  as  superintendent  or  professor 
pursuant  to  law  after  having  creditably  pursued  the  course  of  military  in- 
struction therein  provided.  Such  examinations  shall  be  under  rules  and  reg- 
ulations prescribed  by  the  Secretary  of  War,  and  shall  be  especially  directed 
to  ascertain  the  practical  capacity  of  the  applicant.  The  record  of  previous  serv- 
ice of  the  applicant  shall  be  considered  as  a  part  of  the  examination.  Upon  the 
conclusion  of  each  examination  the  board  shall  certify  to  the  War  Department 
its  judgment  as  to  the  fitness  of  the  applicant,  stating  the  office,  if  any,  which 
it  deems  him  qualified  to  fill,  and,  upon  approval  by  the  President,  the  names 
of  the  persons  certified  to  be  qualified  shall  be  inscribed  in  a  register  to  be  kept 
in  the  War  Department  for  that  purpose.  The  persons  so  certified  and  reg- 
istered shall,  subject  to  a  physical  examination  at  the  time,  constitute  an 
eligible  class  for  commissions  pursuant  to  such  certificates  in  any  volunteer 
force  hereafter  called  for  and  organized  under  the  authority  of  Congress,  other 
than  a  force  composed  of  organized  militia,  and  the  President  may  authorize 
persons  from  this  class,  to  attend  and  pursue  a  regular  course  of  study  at  any 
military  school  or  college  of  the  United  States  other  than  the  Military  Academy 
at  West  Point  and  to  receive  from  the  annual  appropriation  for  the  support  of 
the  Army  the  same  allowances  and  commutations  as  provided  in  this  Act  for 
officers  of  the  organized  militia :  Provided,  That  no  person  shall  be  entitled  to 
receive  a  commission  as  a  second  lieutenant  after  he  shall  have  passed  the  age 
of  thirty;  as  first  lieutenant  after  he  shallhave  passed  the  age  of  thirty-five; 
as  captain  after  he  shall  have  passed  the  age  of  forty;  as  major  after  he  shall 
have  passed  the  age  of  forty-five;  as  lieutenant-colonel  after  he  shall  have  passed 
the  age  of  fifty,  or  as  colonel  after  he  shall  have  passed  the  age  of  fifty-five: 
And  provided  further,  That  such  appointments  shall  be  distributed  proportion- 
ately as  near  as  may  be,  among  the  various  States  contributing  such  volunteer 
force:  And  provided,  That  the  appointments  in  this  section  provided  for  shall 
not  be  deemed  to  include  appointments  to  any  office  jn  any  company,  troop, 
battery,  battalion,  or  regiment  of  the  organized  militia  which  volunteers  as  a 
body  or  the  officers  of  which  are  appointed  by  the  governor  of  a  State  or 
Territory.  Sec.  23,  Act  of  Jan.  21,  1903  (32  Stat.  77.9). 


518  MILITARY   LAWS   OF   THE   UNITED   STATES. 

Regular  Army  commissions  nor  shall  they  be  prejudiced  in  their 
relative  or  lineal  standing  therein  by  reason  of  their  service  under 
their  volunteer  commissions.  Sec.  7,  id.,  349. 

1389.  Same — vacancies  in  Regular  Army  caused  l>y  appointment 
of  officers  of  in  volunteer  forces. — That  the  temporary  vacancies 
created  in  any  grade  not  above  that  of  colonel  among  the  commis- 
sioned personnel  of  any  arm,  staff  corps,  or  department  of  the  Regular 
Army,  through  appointments  of  officers  thereof  to  higher  volunteer 
rank,  shall  be  filled  by  temporary  promotions,  according  to  seniority 
in  rank  of  officers  holding  commissions  in  the  next  lower  grade  in 
said  arm,  staff  corps,  or  department;  and  all  temporary  vacancies 
created  in  any  grade  by  temporary  promotions  shall  in  like  manner 
be  filled  from,  and  thus  create  temporary  vacancies  in,  the  next  lower 
grade;  and  the  vacancies  that  remain  thereafter  in  said  arm,  staff 
corps,  or  department,  that  can  not  be  filled  by  temporary  promo- 
tions, as  prescribed  in  this  section,  may  be  filled  by  the  temporary 
appointment  of  officers  of  such  number  and  grade  or  grades  as  shall 
maintain  said  arm,  corps,  or  department  at  the  full  commissioned 
strength  authorized  by  law:  Provided,  That  in  the  Staff  Corps  and 
departments  subject  to  the  provisions  of  sections  twenty-six  and 
twenty-seven  of  the  Act  of  Congress  approved  February  second,  nine- 
teen hundred   and  one,  and  Acts   amendatory  thereof,  temporary 
vacancies  that  can  not  be  filled  by  temporary  promotions  as  herein- 
before prescribed  shall  be  filled  by  temporary  details  made  in  the 
manner  prescribed  in  said  sections  twenty-six  and  twenty-seven  and 
Acts  amendatory  thereof,  and  the  resulting  temporary  vacancies  in 
the  branches  of  the  Army  from  which  the  details  are  so  made  shall 
be  filled  as  hereinbefore  in  this  section  prescribed:  Provided,  That 
officers  temporarily  promoted  or  appointed  under  the  terms  of  this 
section  shall  be  so  promoted  or  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  for  terms  that  shall  not 
extend  beyond  the  termination  of  the  war  or,  if  war  shall  not  occur, 
beyond  the  passing  of  the  imminence  thereof,  as   defined  by  the 
President's  proclamation,  and  upon  the  expiration  of  said  terms 
said  officers  shall  be  discharged  from  the  positions  held  by  them 
under  their  temporary  promotions  or  appointments:  Provided  fur- 
ther, That  officers  temporarily  promoted  under  the  provisions  of  this 
section  shall  not  vacate  their  permanent  commissions,  nor  shall  they 
be  prejudiced  in  their  lineal  or  relative  standing  in  the  Regular 
Army  under  permanent  commissions,  by  reason   of  their  services 
under  temporary  commissions  authorized  by  this  section.    Sec.  8,  id. 

1390.  Same — returns  and  muster  rolls  of. — That  all  returns  and 
muster  rolls  of  organizations  of  the  volunteer  forces  and  of  militia 
organizations  while  in  the  service  of  the  United  States  shall  be 
rendered  to  The  Adjutant  General  of  the  Army,  and  upon  the  muster 


MILITARY   LAWS   OF   THE   UNITED   STATES.  519 

out  of  such  organizations  the  records  pertaining  to  them  shall  be 
transferred  to  and  filed  in  The  Adjutant  General's  Office.  And  regi- 
mental and  all  other  medical  officers  serving  with  volunteer  troops, 
or  with  militia  organizations  in  the  service  of  the  United  States,  in 
the  field  or  elsewhere,  shall  keep  a  daily  record  of  all  soldiers  reported 
sick  or  wounded,  as  shown  by  the  morning  calls  or  reports,  and  shall 
deposit  such  reports  with  other  reports  provided  for  in  this  section, 
in  The  Adjutant  General's  Office,  as  provided  for  herein  for  other 
reports,  returns,  and  muster  rolls.  Sec.  9,  id.,  350. 

1391-  Same — recruiting  and  maintenance  of  in  time  of  War,  etc. — 
That  in  time  of  war  or  while  war  is  imminent  all  organizations  of 
the  land  forces  in  the  military  service  of  the  United  States  shall  be 
recruited  and  maintained  as  near  their  prescribed  strength  as  practi- 
cable. For  this  purpose  the  necessary  rendezvous  and  depots  shall  be 
established  by  the  Secretary  of  War  for  the  enlistment  and  training 
of  all  recruits,  and  in  order  that  officers  may  be  available  for  re- 
cruiting duty  the  President  is  authorized,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  appoint  officers  of  Volunteers  of  the  proper 
arm  of  the  service,  additional  to  those  elsewhere  herein  authorized, 
in  numbers  not  to  exceed  at  the  rate  of  one  major,  four  captains, 
five  first  lieutenants,  and  five  second  lieutenants  for  each  organized 
regiment  of  Cavalry,  Field  Artillery,  or  Infantry,  each  three  bat- 
talions of  Engineers,  or  each  twelve  companies  of  Coast  Artillery; 
that  for  purposes  of  instruction  and  discipline  the  troops  at  recruit 
depots  herein  authorized  may  be  organized  into  companies  and  bat- 
talions, at  the  discretion  of  the  Secretary  of  War,  with  noncommis- 
sioned officers  and  privates  of  such  grades  and  numbers  as  may  be 
prescribed  by  the  President.  The  recruit  rendezvous  and  recruit 
depots  herein  prescribed  shall  be  under  the  direct  control  of  the 
Secretary  of  War,  and  shall  render  their  reports  and  returns  to  The 
Adjutant  General  of  the  Army:  Provided,  That  to  maintain  the 
organized  land  militia  organizations  in  the  military  service  of  the 
United  States  at  their  maximum  strength  the  recruiting  rendezvous 
and  depots  in  any  State  or  Territory  may,  at  the  request  of  the 
governor  thereof,  enlist  and  train  recruits  for  the  organized  land 
militia  organizations  in  the  service  of  the  United  States  from  said 
State  or  Territory.  Sec.  10,  id. 

1392.  Same — organization  of  recruiting  system  for. — That  in  the 
organization  of  a  recruiting  system,  after  Congress  shall  have  author- 
ized the  raising  of  volunteer  forces,  the  President  is  authorized  to 
employ  retired  officers,  noncommissioned  officers,  and  privates  of  the 
Regular  Army,  either  with  their  rank  on  the  retired  list  or,  in  the 
case  of  enlisted  men,  with  increased  noncommissioned  rank;  or  he 
may,  by  and  with  the  advice  and  consent  of  the  Senate,  appoint  and 
employ  retired  officers  below  the  grade  of  colonel,  with  increased 


520  MILITARY   LAWS   OF    THE   UNITED   STATES. 

volunteer  commissioned  rank  not  to  exceed  in  the  case  of  any  officer 
one  grade  above  that  held  by  him  upon  the  retired  list,  or  retired 
enlisted  men  with  volunteer  commissioned  rank  not  above  the  grade 
of  first  lieutenant:  Provided,  That  retired  officers  and  enlisted  men 
while  thus  employed  shall  not  be  eligible  for  transfer  to  the  field 
units,  but  shall  receive  the  full  pay  and  allowances  of  the  respective 
grades  in  which  they  are  serving,  whether  volunteer  or  regular,  in 
lieu  of  their  retired  pay  and  allowances:  Provided  further,  That 
upon  the  termination  of  the  duty  or,  in  case  of  those  given  volunteer 
rank,  upon  muster  out  as  volunteers  said  retired  officers  and  enlisted 
men  shall  revert  to  their  retired  status.  Sec.  11,  id. 

1393.  Same — assignment  and  transfer  of  officers  of. — That,  ex- 
cept as  otherwise  specifically  prescribed  by  law,  all  officers  provided 
for  in  this  act  shall  be  subject  to  such  assignments  of  duty  and  such 
transfers   as  the   President   may   direct:   Provided,   That   medical 
officers  of  Volunteers  when  detailed  as  consulting  surgeons  shall  not 
exercise  command  over  the  hospitals  to  which  they  may  be  assigned 
for  duty,  except  that  by  virtue  of  their  commissions  they  may  com- 
mand all  enlisted  men:  Provided  further,  That  medical  inspectors 
shall  be  detailed  for  duty  with  each  army,  field  army,  or  army 
corps,  and  division,  and  for  the  base  and  lines  of  communications, 
and  that  no  officer  shall  be  detailed  for  duty  as  a  medical  inspector 
except  he  be  experienced  in  military  sanitation.    Sec.  1*2,  id.,  351. 

1394.  Same — pay,  allowances  and  pensionable  status  of. — That  all 
officers  and  enlisted  men  of  the  volunteer  forces  shall  be  in  all  respects 
on  the  same  footing  as  to  pay,  allowances,  and  pensions  as  officers 
and  enlisted  men  of  corresponding  grades  in  the  Regular  Army. 
Sec.  IS,  id. 

1395.  Same — repeal  of  all  laws  in  conflict  with. — That  all  laws 
and  parts  of  laws  in  conflict  with  the  provisions  of  this  act  be,  and 
the  same  are  hereby,  repealed.    Sec.  1^  id. 


CHAPTER  XXXIII. 


INDIANS— INDIAN  AGENTS— INDIAN  COUNTEY. 


Par. 

Indian  agents 1396-1402 

Detail  of  Army  officers 1396 

Same 1397 

Compensation  for  extra  services  1395 
Army  officer  to  witness  issue .  .   1399 
Removal  of  unauthorized  set- 
tlers    1400 

Sale  of  cattle,  etc.,  of  Indians. .  1401 
Penalty  for  removing  cattle 1402 

Introducing     liquor     into     Indian 
country — sales  to  Indians . . .  1403-1408 

Penalty  for  sales,  etc 1403 

Same 1404 

Wines  for  sacramental  purposes .  1405 


Par. 


Introducing     liquor    into     Indian 
country — sales  to  Indians — Con. 

Search  for  concealed  liquors 1406 

Distilleries 1407 

Prosecution  of  officer,  soldier, 

etc 1408 

Miscellaneous  provisions 1409-1413 

Removal  of  persons  from  Indian 

country 1409 

Apprehension  by  military  force .  1410 

Limit  of  detention 1411 

Arrest  of  Indians 1412 

Prohibition  of  permits  to  Indians 
to  go  into  Texas 1413 


INDIAN  AGENTS. 

1396.  Detail  of  Army  officers. — The  President  may  require  any 
military  officer  of  the  United  States  to  execute  the  duties  of  an  Indian 
agent;  and  when  such  duties  are  required  of  any  military  officer,  he 
shall  perform  the  same  without  any  other  compensation  than  his 
actual  traveling  expenses.1    Sec.  206%,  R.  S. 

1397.  Same. — Hereafter  the  President  may  detail  officers  of  the 
United  States  Army  to  act  as  Indian  agents  at  such  agencies  as,  in 
the  opinion  of  the  President,  may  require  the  presence  of  any  army 
officer,  and  while  acting  as  Indian  agents  such  officers  shall  be  under 
the  orders  and  direction  of  the  Secretary  of  the  Interior.2    Act  of 
July  1, 1898  (30  Stat.  573). 

1398.  Compensation  for  extra  services. — No  compensation  beyond 
their  actual  expenses  for  extra  services  shall  be  allowed  any  Indian 

1  Officers  of  the  Army  acting  as  Indian  agents  at  places  where  there  are  suit- 
able quarters  provided  by  the  Government  are  not  entitled  to  commutation  of 
quarters.  (4  Comp.  Dec.,  212;  3  id.,  223.) 

"The  acts  of  July  1,  1898  (30  Stat  573),  March  2, 1899  (id.,  926),  and  May  31, 
1900  (31  id.,  224),  have  contained  the  requirement  that  the  sums  appropriated 
for  compensation  of  Indian  agents  "  shall  not  take  effect  or  become  available  in 
any  case  for  or  during  the  time  in  which  any  officer  of  the  Army  of  the  United 
States  shall  be  engaged  in  the  performance  of  the  duties  of  Indian  agent  at  any 
of  the  agencies  "  named  therein. 

521 


522  MILITARY   LAWS   OF    THE   UNITED   STATES. 

agent  or  subagent  for  services  when  doing  duty  under  the  order  of 
the  Government,  detached  from  their  agency  and  the  boundary  of 
the  tribe  to  which  they  are  agents  or  subagents.  Sec.  £063,  R.  S. 

1399.  Army  officer  to  witness  issues. — The  superintendent,  agent,  or 
subagent,  together  with  such  military  officer  as  the  President  may 
direct,  shall  be  present  and  certify  to  the  delivery  of  all  goods  and 
money  required  to  be  paid  or  delivered  to  the  Indians.1    Sec.  2088. 
R.S. 

1400.  Removal  of  unauthorized  settlers. — Every  person  who  makes 
a  settlement  on  any  lands  belonging,  secured,  or  granted  by  treaty 
with  the  United  States  to  any  Indian  tribe,  or  surveys  or  attempts  to 
survey  such  lands,  or  to  designate  any  of  the  boundaries  by  marking 
trees,  or  otherwise,  is  liable  to  a  penalty  of  one  thousand  dollars. 
The  President  may,  moreover,  take  such  measures  and  employ  such 
military  force  as  he  may  judge  necessary  to  remove  any  such  person 
from  the  lands.2     Sec.  2118,  R.  S. 

1401.  Sale  of  cattle,  etc.,  of  Indians. — The  agent  of  each  tribe  of 
Indians,  lawfully  residing  in  the  Indian  country,3  is  authorized  to 
sell  for  the  benefit  of  such  Indians  any  cattle,  horses,  or  other  live 
stock  belonging  to  the  Indians,  and  not  required  for  their  use  and 
subsistence,  under  such  regulations  as  shall  be  established  by  the 

*An  officer  of  the  Army  who,  under  proper  authority,  witnesses  and  certifies 
to  the  issue* of  annuity  goods  to  Indians  is  entitled  to  actual  traveling  expenses, 
but  not  to  mileage,  while  traveling  in  the  performance  of  such  duty,  such  ex- 
penses to  be  paid  from  the  proper  Indian  approprir.tion.  (5  Comp.  Dec.,  982.) 

a  Worcester  v.  Georgia,  6  Peters,  515 ;  Clark  v.  Smith,  13  id.,  195 ;  Lattimer  v. 
Poteet,  4  McLean,  82. 

3  The  term  "  Indian  country  "  contained  in  section  1  of  the  act  of  June  30, 
1834  (4  Stat.  79),  though  not  incorporated  in  the  Revised  Statutes,  and  though 
repealed  simultaneously  with  their  enactment,  may  be  referred  to  in  order  to 
determine  what  is  meant  by  the  term  when  used  in  statutes;  and  it  applies  to 
all  the  country  to  which  the  Indian  title  has  not  been  extinguished  within  the 
limits  of  the  United  States,  whether  within  a  reservation  or  not,  and  whether 
acquired  before  or  since  the  passage  of  that  act.  (Ex  parte  Crow  Dog,  109 
U.  S.,  556;  Bates  v.  Clark,  95  U.  S.,  204.  See  also,  as  to  the  status  of  the 
Indian  Territory,  Cook  v.  U.  S.,  138  U.  S.,  157.) 

Held  (October,  1877)  that  the  term  "Indian  country,"  as  employed  in  the 
statutes  regulating  trade  and  intercourse  with  the  Indians  (see,  particularly, 
ch.  4,  title  28,  Rev.  Stat.),  might  properly  be  defined  in  general  as  includ- 
ing the  following  territory,  viz:  Indian  reservations  occupied  by  Indian 
tribes;  other  districts  so  occupied  to  which  the  Indian  title  has  not  been  ex- 
tinguished ;  any  districts  not  in  other  respects  Indian  country  over  which  the 
operation  of  those  statutes  may  be  extended  by  treaty  or  act  of  Congress. 
(Dig.  J.  A.  G.,  673,  III  A.  See  this  opinion  as  adopted  and  incorporated  in  G.  O. 
97,  Headquarters  of  Army,  1877;  also,  in  the  same  connection,  14  Opins.  Atty. 
Gen.,  290;  U.  S.  v.  Forty-three  Gallons  of  Whisky,  3  Otto,  188;  Bates  v.  Clark, 
5  id.,  204 ;  U.  S.  v.  Seveloff,  2  Sawyer,  311.  That,  in  view  of  the  act  of  March 
3,  1873,  extending  to  it  certain  provisions  of  the  act  of  June  30,  1834,  the  Ter- 
ritory of  Alaska  is  "  Indian  country,"  so  far  as  concerns  the  introduction  and 
disposition  of  spirituous  liquor,  and  that  persons  violating  such  provisions  may 
therefore  be  arrested  by  military  force,  see  In  re  Carr,  3  Sawyer,  316;  also 
citation  from  same  case  in  note  to  Alaska,  sec.  2,  and  14  Opins.  Atty.  Gen., 
327;  Patchen  v.  U.  S.,  11  Fed.  Rep.,  47;  U.  S.  v.  Forty-three  Cases  of  Cognac 
Brandy,  14  id.,  539.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  523 

Secretary  of  the  Interior.  But  no  such  sale  shall  be  made  so  as  to 
interfere  with  the  execution  of  any  order  lawfully  issued  by  the  Sec- 
retary of  War  connected  with  the  movement  or  subsistence  of  troops. 
Sec.  2127,  R.  S. 

1402.  Penalty  for  removing  cattle. — Every  person  who  drives  or 
removes,  except  by  authority  of  an  order  lawfully  issued  by  the  Sec- 
retary  of   War,   connected    with   the   movement   or   subsistence    of 
troops,  any  cattle,  horses,  or  other  stock  from  the  Indian  country 
for  the  purposes  of  trade  or  commerce,  shall  be  punishable  by  im- 
prisonment for  not  more  than  three  years,  or  by  a  fine  of  not  more 
than  five  thousand  dollars,  or  both.    Sec.  2138,  R.  S. 

INTRODUCING    LIQUOR    INTO    THE    INDIAN    COUNTRY SALES    TO    INDIANS. 

1403.  Penalty  for  sales,  etc. — No  ardent  spirits,  ale,  beer,  wine,  or 
intoxicating  liquor  or  liquors  of  whatever  kind  shall  be  introduced, 
under  any  pretense,  into  the  Indian  country.    Every  person  who  sells, 
exchanges,  gives,  barters,  or  disposes  of  any  ardent  spirits,  ale,  beer, 
wine,  or  intoxicating  liquors  of  any  kind  to  any  Indian  under  charge 
of  any  Indian  superintendent  or  agent,  or  introduces  or  attempts  to 
introduce  any  ardent  spirits,  ale,  wine,  beer,  or  intoxicating  liquor 
of  any  kind  into  the  Indian  country  shall  be  punished  by  imprison- 
ment for  not  more  than  two  years  and  by  fine  of  not  more  than 
three  hundred  dollars  for  each  offense.     But  it  shall  be  a  sufficient 
defense  to  any  charge  of  introducing  or  attempting  to  introduce 
ardent  spirits,  ale,  beer,  wine,  or  intoxicating  liquors  into  the  Indian 
country  that  the  acts  charged  were  done  under  authority  in  writing 
from  the  War  Department,  or  any  officer  duly  authorized  thereunto 
by  the  War  Department.    All  complaints  for  the  arrest  of  any  person 
or  persons  made  for  violation  of  any  of  the  provisions  of  this  act 
shall  be  made  in  the  county  where  the  offense  shall  have  been  com- 
mitted, or  if  committed  upon  or  within  any  reservation  not  included 
in  any  county,  then  in  any  county  adjoining  such  reservation,  and  if 
in  the  Indian  Territory,  before  the  United  States  court  commissioner 
or  commissioner  of  the  circuit  court  of  the  United  States  residing 
nearest  the  place  where  the  offense  was  committed  who  is  not  for  any 
reason  disqualified ;  but  in  all  cases  such  arrests  shall  be  made  before 
any  United  States  court  commissioner  residing  in  such  adjoining 
county  or  before  any  magistrate  or  judicial  officer  authorized  by  the 
laws  of  the  State  in  which  such  reservation  is  located  to  issue  war- 
rants for  the  arrest  and  examination  of  offenders  by  section  ten 
hundred  and  fourteen  of  the  Revised  Statutes  of  the  United  States. 
And  all  persons  so  arrested  shall,  unless  discharged  upon  examina- 
tion, be  held  to  answer  and  stand  trial  before  the  court  of  the  United 


524  MILITARY   LAWS   OF   THE   UNITED   STATES. 

States  having  jurisdiction   of  the   offense.1     Sec.   $139,  R.   $.,  as 
amended  ~by  Act  of  July  23, 1892  (27  Stat.  260). 

1404.  Same. — Any  person  who  shall  sell,  give  away,  dispose  of, 
exchange,  or  barter  any  malt,  spirituous,  or  vinous  liquors,  includ- 
ing beer,  ale  and  wine,  or  any  ardent  or  other  intoxicating  liquor  of 
any  kind  whatsoever,  or  any  essence,  extract,  bitters,  preparation, 
compound,  composition,  or  any  article  whatsoever,  under  any  name, 
label,  or  brand,  which  produces  intoxication,  to  any  Indian  to  whom 
allotment  of  land  has  been  made  while  the  title  to  the  same  shall  be 
held  in  trust  by  the  Government,  or  to  any  Indian  a  ward  of  the 
Government  under  charge  of  any  Indian  superintendent  or  agent,  or 
any  Indian,  including  mixed  bloods,  over  whom  the  Government, 
through  any  of  its  departments,  exercise  guardianship,  and  any  per- 

*The  title  to  the  act  of  July  23,  1892,  reads:  "An  act  to  amend  sections 
twenty-one  hundred  and  thirty-nine,  twenty-one  hundred  and  forty,  and  twenty- 
one  hundred  and  forty-one  of  the  Revised  Statutes  touching  the  sale  of  intoxi- 
cants in  the  Indian  country,  and  for  other  purposes,"  yet  the  enacting  clause  of 
the  act  reads : 

"Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  twenty-one  hundred  and 
thirty-nine  of  the  Revised  Statutes  be  amended  and  reenacted  so  as  to  read  as 
follows :  '  Section  2130.  *  *  *  " 

Then  follows  the  act  as  set  forth  in  the  above  paragraph.  It  is  clear  the 
amendment  applies  only  to  those  parts  of  the  two  sections  that  are  inconsistent 
with  the  new  section.  The  object  of  the  amendment  was  to  make  the  prohibition 
include  malt  liquors,  and  to  clearly  define  the  person  or  tribunal  to  whom  com- 
plaint should  be  made.  The  action  directed  in  sections  2140  and  2141  as  to  the 
seizure  and  destroying  of  liquor  remains  unaffected  by  the  amendment.  These 
sections  are  given  in  paragraphs  1405  and  1406,  post. 

As  to  the  meaning  of  the  term  Indian  country,  see  Dig.  Op.  J.  A.  G.,  673  III  A. 

A  stock  of  liquors  is  not  introduced  into  the  Indian  country  by  being  trans- 
ported across  an  Indian  reservation  to  a  place  where  it  may  be  lawfully  sold  and 
is  not  subject  to  seizure  while  in  transit  nor  after  its  arrival  at  its  place  of  des- 
tination. (U.  S.  v.  Four  Bottles  of  Sour  Mash  Whisky,  90  Fed.  Rep.,  720.) 

The  disposition  of  spiritous  liquors  to  an  Indian  under  the  charge  of  an 
Indian  agent,  who  has  abandoned  his  nomadic  life  and  tribal  relations  and 
adopted  the  habits  and  manners  of  civilized  people,  violates  section  2139  of  the 
Revised  Statutes.  (U.  S.  v.  Osborn,  52  Fed.  Rep.,  58.) 

Section  2139  of  the  Revised  Statutes  provides  that  every  person  who  disposes 
of  spirituous  liquors  to  any  Indian  under  the  charge  of  any  Indian  superintend- 
ent or  agent  shall  be  punished,  etc.  Held,  that  an  Indian  of  the  Nez  Perces 
Tribe,  a  soldier  in  the  United  States  Army,  is  within  the  meaning  of  the  statute. 
(U.  S.  v.  Hurshman,  53  Fed.  Rep.,  543.)  It  is  no  defense  to  a  prosecution  under 
section  2139  for  introducing  spirituous  liquors  into  the  Indian  country  that  the 
United  States  has  licensed  the  traffic  in  such  liquors  therein.  (U.  S.  v.  Ellis, 
51  id.,  808.) 

As  section  2139  of  the  Revised  Statutes,  previous  to  the  amendment  of  July  23, 
1892,  made  punishable  the  introduction  into  the  Indian  country  of  "  spirituous 
liquor  or  wine"  only,  it  did  not  include  lager  beer,  that  being  a  malt  liquor 
made  by  fermentation.  (In  re  McDonough,  49  id.,  360;  U.  S.  v.  Ellis,  51  id., 
808,  reversed  in  Sarlis  v.  U.  S.,  152  U.  S.,  570.) 

As  to  the  law  regarding  the  introduction  of  liquor  into  that  part  of  the 
Indian  country  embraced  within  the  limits  of  the  State  of  Oklahoma,  see  the 
Oklahoma  enabling  act  (34  Stat.  267),  and  the  decision  of  the  Supreme  Court 
of  the  United  States  in  Ex  parte  Webb  (225  U.  S.,  663).  See  also  the  act  of 
March  1,  1913  (37  Stat.  699),  prohibiting  the  shipment  or  transportation  of 
intoxicating  liquor  into  a  State  with  intent  to  use  the  same  in  any  manner  in 
violation  of  any  law  of  such  State. 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  525 

son  who  shall  introduce  or  attempt  to  introduce  any  malt,  spiritu- 
ous, or  vinous  liquor,  including  beer,  ale,  and  wine,  or  any  ardent  or 
intoxicating  liquor  of  any  kind  whatsoever  into  the  Indian  country, 
which  term  shall  include  any  Indian  allotment  while  the  title  to  the 
same  shall  be  held  in  trust  by  the  Government,  or  while  the  same 
shall  remain  inalienable  by  the  allottee  without  the  consent  of  the 
United  States,  shall  be  punished  by  imprisonment  for  not  less  than 
sixty  days,  and  by  a  fine  of  not  less  than  one  hundred  dollars  for  the 
first  offense  and  not  less  than  two  hundred  dollars  for  each  offense 
thereafter:  Provided,  however,  that  the  person  convicted  shall  be 
committed  until  fine  and  costs  are  paid.  But  it  shall  be  a  sufficient 
defense  to  any  charge  of  introducing  or  attempting  to  introduce 
ardent  spirits,  ale,  beer,  wine,  or -intoxicating  liquors  into  the  Indian 
country  that  the  acts  charged  were  done  under  authority,  in  writing, 
from  the  War  Department  or  any  officer  duly  authorized  thereto  by 
the  War  Department. 

SEC.  2.  So  much  of  the  act  of  the  twenty-third  of  July,  eighteen 
hundred  and  ninety-two,  as  is  inconsistent  with  the  provisions  of  this 
act  is  hereby  repealed.1  Act  of  Jan.  30,  1897  (29  Stat.  506). 

1405.  Wines  for  sacramental  purposes. — Hereafter  it  shall  not  be 
unlawful  to  introduce  and  use  wines  solely  for  sacramental  pur- 
poses, under  church  authority,  at  any  place  within  the  Indian  coun- 
try or  any  Indian  reservation,  including  the  Pueblo  Reservations  in 
New  Mexico:  Provided  also,  That  the  powers  conferred  by  section 
seven  hundred 'and  eighty-eight  of  the  Revised  Statutes  upon  mar- 
shals and  their  deputies  are  hereby  conferred  upon  the  chief  special 
officer  for  the  suppression  of  the  liquor  traffic  among  Indians  and 
duly  authorized  officers  working  under  his  supervision  whose  ap- 
pointments are  made  or  affirmed  by  the  Commissioner  of  Indian 
Affairs  or  the  Secretary  of  the  Interior.    Act  of  Aug.  &£,  1912  (37 
Stat.  519). 

1406.  Search  for  concealed  liquors. — If  any  superintendent  of  In- 
dian affairs,  Indian  agent,  or  subagent,  or  commanding  officer  of  any 
military  post  has  reason  to  suspect  or  is  informed  that  any  white 
person  or  Indian  is  about  to  introduce  or  has  introduced  any  spirit- 
uous liquor  or  wine  into  the  Indian  country  in  violation  of  law,  such 
superintendent,  agent,  subagent,  or  commanding  officer  may  cause 
the  boats,  stores,  packages,  wagons,  sleds,  and  places  of  deposit  of 
such  person  to  be  searched ;  and  if  any  such  liquor  is  found  therein, 
the  same,  together  with  the  boats,  teams,  wagons,  and  sleds  used  in 
conveying  the  same,  and  also  the  goods,  packages,  and  peltries  of 
such  person,  shall  be  seized  and  delivered  to  the  proper  officer,  and 
shall  be  proceeded  against  by  libel  in  the  proper  court,  and  forfeited, 

1  See  Dig.  Op.  J.  A.  G.,  672  II  F  to  675  IV,  edition,  1912. 


526  MILITARY   LAWS  OF    THE   UNITED   STATES. 

one-half  to  the  informer  and  the  other  half  to  the  use  of  the  United 
States;  and  if  such  person  be  a  trader  his  license  shall  be  revoked 
and  his  bond  put  in  suit.  It  shall,  moreover,  be  the  duty  of  any 
person  in  the  service  of  the  United  States  or  of  any  Indian  to  take 
and  destroy  any  ardent  spirits  or  wine  found  in  the  Indian  country, 
except  such  as  may  be  introduced  therein  by  the  War  Department. 
In  all  cases  arising  under  this  and  the  preceding  section  Indians  shall 
be  competent  witnesses.  Sec.  2140,  R.  S. 

1407.  Distilleries. — Every  person   who   shall,   within   the  Indian 
country,  set  up  or  continue  any  distillery  for  manufacturing  ardent 
spirits,  shall  be  liable  to  a  penalty  of  one  thousand  dollars ;  and  the 
superintendent  of  Indian  Affairs,  Indian  agent,  or  subagent,  within 
the  limits  of  whose  agency  any  distillery  of  ardent  spirits  is  set  up 
or  continued,  shall  forthwith  destroy  and  break  up  the  same.v    Sec. 
2141,  R.  S. 

1408.  Prosecution  of  officer,  soldier,  etc. — No  part  of  section  twenty- 
one  hundred  and  thirty-nine  or  of  section  twenty-one  hundred  and 
forty  of  the  Revised  Statutes  shall  be  a  bar  to  the  prosecution  of 
any  officer,  soldier,  sutler  or  storekeeper,  attache,  or  employee  of 
the  Army  of  the  United  States  who  shall  barter,  donate,  or  furnish 
in  any  manner  whatsoever  liquors,  wines,  beer,  or  any  intoxicating 
beverage   whatsoever   to   any   Indian.1    Act   of  July   4,  1884    (®& 
Stat.  94). 

MISCELLANEOUS  PROVISIONS. 

1409.  Removal  of  persons  from  Indian  country. — The  superintend- 
ent of  Indian  affairs,  and  the  Indian  agents  and  subagents,  shall 
have  authority  to  remove  from  the  Indian  country  all  persons  found 
therein  contrary  to  law ;  and  the  President  is  authorized  to  direct  the 
military  force  to  be  employed  in  such  removal.2    Sec.  2147,  R.  S. 

1  The  act  of  July  4,  1884,  declaring  that  section  2139  of  the  Revised  Statutes 
shall  not  be  a  bar  to  the  prosecution  of  any  officer,  soldier,  or  employee  of  the 
United  States  who  shall  "  furnish  liquors,  wines,  beer,  or  any  intoxicating 
beverage  to  "  any  Indian  is  not  a  legislative  construction  of  such  section.  ( In 
re  McDonough,  49  Fed.  Rep.,  360.) 

'Under  the  Constitution,  the  acts  of  Congress,  and  the  regulations  adopted 
by  the  Indian  Department,  the  power  of  the  Commissioner  of  Indian  Affairs  and 
the  agent  acting  under  him  and  by  his  direction  in  removing  anyone  not  a  mem- 
ber of  an  Indian  tribe  is  a  matter  intrusted  to  the  discretion  of  the  commis- 
sioner, and  is  not  reviewable.  (Adams  v.  Freeman,  50  Pac.  Rep.,  135.) 

An  order  from  a  State  court  restraining  an  Indian  agent  from  ousting  tres- 
passers from  an  Indian  reservation  should  be  disregarded  as  without  jurisdic- 
tion. (20  Opin.  Atty.  Gen.,  245.) 

An  Indian  agent  has  no  authority  forcibly  to  eject  persons  from  land  not 
within  an  Indian  reservation,  although  it  is  inclosed  in  allotments  made  to 
Indians  in  fulfillment  of  a  treaty  stipulation,  and  may  be  restrained  by  injunc- 
tion from  so  ejecting  one  who,  before  such  allotment,  entered  the  land  as  a 
homestead  and  made  valuable  improvements  thereon.  (La  Chapelle  v.  Bubb, 
2  Fed.  Rep.,  545.) 


MILITARY    LAWS   OF   THE   UNITED   STATES.  527 

1410.  Apprehension  by  military  force. — The  military  forces  of  the 
United  States  may  be  employed  in  such  manner  and  under  such  regu- 
lations as  the  President  may  direct — 

First.  In  the  apprehension  of  every  person  who  may  be  in  the 
Indian  country  in  violation  of  law;  and  in  conveying  him  imme- 
diately from  the  Indian  country,  by  the  nearest  convenient  and  safe 
route,  to  the  civil  authority  of  the  Territory  or  judicial  district  in 
which  such  person  shall  be  found,  to  be  proceeded  against  in  due 
course  of  law ; 

Second.  In  the  examination  and  seizure  of  stores,  packages,  and 
boats,  authorized  by  law; 

Third.  In  preventing  the  introduction  of  persons  and  property 
into  the  Indian  country  contrary  to  law ;  which  persons  and  property 
shall  be  proceeded  against  according  to  law; 

Fourth.  And  also  in  destroying  and  breaking  up  any  distillery  for 
manufacturing  ardent  spirits  set  up  or  continued  within  the  Indian 
country.1  Sec.  %150,  R.  S. 

1411.  Limit  of  detention. — No  person  apprehended  by  military 
force  under  the  preceding  section  shall  be  detained  longer  than  five 
days  after  arrest  and  before  removal.     All  officers  and  soldiers  who 
may  have  any  such  person  in  custody  shall  treat  him  with  all  the 
humanity  which  the  circumstances  will  permit.2     Sec.  2151,  R.  S. 

1  There  is  not  in  the  treaties  with  the  Indians  of  the  Indian  Territory,  or  sec- 
tions 2147,  2150,  2152,  Revised  Statutes,  any  express  authority  vested  in  the 
President  to  use  the  Army  in  such  Territory  for  the  apprehension  of  local  rob- 
bers or  thieves,  etc.,  or  for  the  protection  of  corporations  or  individuals  from 
such  robbers  or  other  outlaws,  except  in  so  far  as  such  offenders  may  be  persons 
who  are  in,  or  are  attempting  to  enter  the  Indian  country  "  contrary  to  law," 
or  are  Indians  charged  with  crime.     (Sec.  2152,  R.  g.)     In  these  cases  they 
could  be  apprehended  by  the  military  forces,  but  only  by  virtue  of  and  con- 
formably to  the  statutes  cited,  and  not  (unless  they  be  Indians)  because  they 
are  train  robbers  or  other  offenders  against  the  local  peace  or  laws.     (Dig. 
J.  A.  G.  100,  C.) 

The  troops  of  the  United  States  can  not  be  employed  in  the  Indian  Territory 
for  the  purpose  of  assisting  in  the  preservation  of  the  peace  and  the  arrest  of 
bandits  and  outlaws  unless  they  are  trespassing  upon  Indian  country,  or  ab- 
sconding offenders  within  the  provisions  of  section  2152  of  the  Revised  Statutes. 
(21  Opin.  Att.  Gen.,  72.) 

Whatever  may  be  the  rule  in  time  of  war  and  in  the  presence  of  actual  hos- 
tilities, military  officers  can  no  more  protect  themselves  than  civilians  for  actual 
wrongs  committed  in  time  of  peace  under  orders  emanating  from  a  source 
which  is  itself  without  authority  in  the  premises.  Hence  a  military  officer 
seizing  liquors  supposed  to  be  in  Indian  country  when  they  are  not  is  liable 
to  an  action  as  a  trespasser.  (Bates  v.  Clark,  95  U.  S.,  204.) 

Officers  of  the  Army  making  arrests  under  section  23  of  the  act  of  June  30, 
1834  (4  Stat.  732;  sec.  2150,  R.  S.),  act  as  officers  of  civil  law.  To  justify  such 
arrests  there  must  be  strong  probable  cause.  (In  re  Carr,  3  Sawyer,  316.) 

2  But  note  that,  in  view  of  the  provisions  of  section  2151,  Revised  Statutes, 
an  officer  of  the  Army  who  detains  a  person  arrested  under  section  2150  longer 
than  five  days  before  "conveying  him  to  the  civil  authority,"  or  subjects  him 
when  in  arrest  to  unreasonably  harsh  treatment,  renders  himself  liable  to  an 
action  in  damages  for  false  imprisonment.     (In  re  Carr,  3  Sawyer,  316;  Waters 
v.  Campbell,  5  id.,  17.) 


528  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1412.  Arrest  of  Indians. — The  superintendents,  agents,  and  sub- 
agents  shall  endeavor  to  procure  the  arrest  and  trial  of  all  Indians 
accused  of  committing  any  crime,  offense,  or  misdemeanor,  and  of 
all  other  persons  who  may  have  committed  crimes  or  offenses  within 
any  State  or  Territory,  and  have  fled  into  the  Indian  country,  either 
by  demanding  the  same  of  the  chiefs  of  the  proper  tribe,  or  by  such 
other  means  as  the  President  may  authorize.     The  President  may 
direct  the  military  force  of  the  United  States  to  be  employed  in  the 
apprehension  of  such  Indians,  and  also  in  preventing  or  terminating 
hostilities  between  any  of  the  Indian  tribes.1     Sec.  215%,  R.  S. 

1413.  Prohibition  of  permits  to  Indians  to  go  into  Texas. — All  offi- 
cers and  agents  of  the  Army  and  Indian  Bureaus  are  prohibited, 
except  in  a  case  specially  directed  by  the  President,  from  granting 
permission  in  writing  or  otherwise  to  any  Indian  or  Indians  on  any 
reservation  to  go  into  the  State  of  Texas  under  any  pretext  what- 
ever; and  any  officer  or  agent  of  the  Army  or  Indian  Bureau  who 
shall  violate  this  provision  shall  be  dismissed  from  the  public  service. 
And  the  Secretary  of  the  Interior  is  hereby  directed  and  required  to 
take  at  once  such  other  reasonable  measures  as  may  be  necessary  in 
connection  with  said  prohibition  to  prevent  said  Indians  from  enter- 
ing said  State.    Sec.  4,  Act  of  May  11, 1880  (21  Stat. 


1  Held  that  in  the  execution  of  process  of  arrest  under  the  act  of  March  3, 
1885  (rendering  Indians  amenable  to  the  criminal  laws  of  the  Territories),  the 
military  may,  by  direction  of  the  President,  legally  be  employed  to  aid  the 
civil  officials  in  such  arrests,  such  employment  being  expressly  authorized  by 
section  2152,  Revised  Statutes.  (Dig.  J.  A.  G.,  100,  C.) 


CHAJPTER  XXXIV. 


THE  EMPLOYMENT  OF  MILITAEY  FORCE. 


Par. 

Insurrection  and  invasion 1414-1419 

Republican  form  of  govern- 
ment    1414 

Power  of  Congress  over  militia.  1415 

Insurrection  against  a  State 1416 

Insurrection  against  the  Gov- 
ernment of  the  United  States .   1417. 
Power  to  suppress  insurrection.  1418 
Proclamation   to   insurgents   to 

disperse 1419 

Suspension  of  intercourse 1420-1441 

Suspension  of  commercial  in- 
tercourse    1420 

In  loyal  States 1421 

To  whom  prohibition  shall  ex- 
tend   1422 

To  what  extent  permitted 1423 

Appointment  and  compensa- 
tion of  officers 1424 

Trading  without  a  license 1425 

Investigations  to  detect  fraud . .  1426 

Confiscation  of  property 1427 

Proceedings,  where  had 1428 

Property      taken     on     inland 

waters 1429 

How  proceedings  shall  be  in- 
stituted    1430 

Prohibition  upon  transporta- 
tion of  goods 1431 

Prohibition  upon  trade  in  cap- 
tured or  abandoned  prop- 
erty    1432 

Change  of  port  of  entry 1433 

Removal  of  customhouse 1434 

Enforcement  of  preceding  sec- 
tion   1435 

Entire  district  closed  to  entry. .  1436 
Vessels  in  addition  to  revenue 

cutters 1437 

Forfeiture  of  vessels 1438 

Refusal  of  clearance 1439 

Bond  upon  clearance 1440 

Liens  upon  condemned  vessels.  1441 
Civil  rights. 1442-1456 

48985°— 15 34 


Par. 
Civil  rights— Continued. 

Equal  rights  under  the  law 1442 

Right  of  citizens  as  to  real  and 

personal  property 1443 

Civil  action  for  deprivation  of 

right 1444 

Conspiracy 1445 

Action  for  neglect  to  prevent 

conspiracy 1446 

District  attorney,  etc.,  to  prose- 
cute   1447 

Commissioners 1448 

Same — power  to  appoint  per- 
sons to  execute  warrants 1449 

Marshals  to  obey  precepts 1450 

Fees 1451 

Of  persons  appointed  to   exe- 
cute process , 1452 

Speedy  trial 1453 

Aid  of  the  military  and  naval 

forces 1454 

Peonage  abolished 1455 

How  enforced  in  New  Mexico..  1456 

The  elective  franchise 1457-1461 

Presence  of  troops  at  elections .   1457 

Preventing  voting 1458 

Attempt  to  fix  qualification  of 

electors 1459 

Interference  with  an  officer  of 

election 1460 

Penalty 1461 

Quarantine 1462-1464 

State  health  laws 1462 

National  quarantine 1463 

Same 1464 

Obstructing  the  mails 1465 

Parades,  etc.,  to  have  right  of  way. .  1466 

Neutrality 1467-1475 

Accepting  commissions 1467 

Enlistments 1468 

Fitting  out  vessel 1469 

Augmenting  force  of  vessel 1470 

Military  expedition    or  enter- 
prise    1471. 

529 


530 


MILITARY   LAWS   OF    THE   UNITED   STATES. 


Par. 
Neutrality— Continued. 

Use  of  military  force 1472 

Same 1473 

Citizens  of  a  foreign  state 1474 

President  empowered  to  issue 
proclamation 1475 


Par. 

Extradition 1476 

Alaska 1477 

Hawaiian  Islands 1478 

Guano  Islands 1479 

Restriction  upon  the  use  of  military 
force...  .  1480 


INSURRECTION  AND  INVASION. 

1414.  Republican  form  of  government. — The  United  States  shall 
guarantee  to  every  State  in  this  Union  a  republican  form  of  gov- 
ernment, and  shall  protect  each  of  them  against  invasion;  and  on 
application  of  the  legislature,  or  of  the  executive  (when  the  legis- 
lature can  not  be  convened),  against  domestic  violence.1     Constitu- 
tion of  the  United  States,  Article  IV,  section  4- 

1415.  Power  of  Congress  over  militia. — The  Congress  shall  have 
power    *     *     * 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  to  suppress  insurrections,  and  repel  invasions.2  Constitution 
of  the  United  States,  Article  I,  section  8,  paragraph  15. 

1416.  Insurrection  against  a  State? — In  case  of  an  insurrection  in 
any  State  against  the  government  thereof,  it  shall  be  lawful  for  the 
President,  on  application  of  the  legislature  of  such  State,  or  of  the 
executive,  when  the  legislature  can  not  be  convened,  to  call  forth  such 
number  of  the  militia  of  any  other  State  or  States,  which  may  be  ap- 
plied for,  as  he  deems  sufficient  to  suppress  such  insurrection;  or, 
on  like  application,  to  employ,  for  the  same  purposes,  such  part  of  the 
land  or  naval  forces  of  the  United  States  as  he  deems  necessary.4    Sec. 
5297,  R.  S. 

1  Luther  v.  Borden,  7  How.,  1;  Texas  v.  White,  7  Wall.,  700;  in  re  Duncan, 
139  U.  S.,  449;  Taylor  et  al.  v.  Beckhain  (No.  1),  178  U.  S.,  548;  South  Carolina 
v.  United  States,  199  U.  S.,  437;  Elder  v.  Colorado  ex  rel.  Badgley,  204  U.  S., 
85 ;  Pacific  States  Telephone  Co.  v.  Oregon,  223  U.  S.,  118 ;  Kiernan  v.  Portland, 
223  U.   S.,  151.     See  also  Winthrop,  Military  Law  and  Precedents,  pp.  1347- 
1349. 

2  For  enactments  of  Congress  in  pursuance  of  the  authority  above  conferred 
see  the  chapter  entitled  The  Militia.     See  also  subsequent  paragraphs  of  this 
chapter. 

"This  paragraph  and  those  following  to  include — give  Sections  5297  to  5322, 
inclusive,  of  the  Revised  Statutes.  These  sections  constitute  Title  49,  Insur- 
rection, of  the  Revised  Statutes.  See  Winhtrop,  Military  Law  and  Precedents, 
pp.  1349-1351. 

4  Under  article  4,  section  4,  of  the  Constitution,  the  Army  may  be  employed  to 
protect  a  State  from  "  invasion  "  or  "  domestic  violence  "  only  by  order  of  the 
President,  made  "  on  application  of  the  legislature,  or  of  the  executive  when  the 
legislature  can  not  be  convened."  A  military  commander,  of  whatever  rank  or 
command,  can  have  no  authority,  except  by  the  order  thus  made  of  the  Presi- 
dent, to  furnish  troops  to  a  governor  or  other  functionary  of  a  State,  to  aid  him 
in  making  arrests  or  establishing  law  and  order.  (Dig.  Opin.  J.  A.  G.,  p.  99, 
II,  A.) 

The  proviso  of  the  Constitution,  "  when  the  legislature  can  not  be  convened," 
may  be  said  to  mean  when  it  is  not  in  session,  or  can  not,  by  the  State  law,  be 
assembled  forthwith  or  in  time  to  provide  for  the  emergency.  When  it  is  in 


MILITARY   LAWS   OF   THE   UNITED   STATES.  531 

1417.  Insurrection  against  the  Government  of  the  United  States. — 
Whenever,  by  reason  of  unlawful  obstructions,  combinations,  or  as- 
semblages of  persons,  or  rebellion  against  the  authority  of  the  Gov- 
ernment of  the  United  States,  it  shall  become  impracticable,  in  the 
judgment  of  the  President,  to  enforce,  by  the  ordinary  course  of 
judicial  proceedings,  the  laws  of  the  United  States  within  any  State 
or  Territory,  it  shall  be  lawful  for  the  President  to'  call  forth  the 
militia  of  any  or  all  the  States,  and  to  employ  such  parts  of  the 
land  and  naval  forces  of  the  United  States  as  he  may  deem  necessary 
to  enforce  the  faithful  execution  of  the  laws  of  the  United  States,  or 
to  suppress  such  rebellion,*  in  whatever  State  or  Territory  thereof 
the  laws  of  the  United  States  may  be  forcibly  opposed,  or  the  execu- 
tion thereof  forcibly  obstructed.1  -Sec.  5%98,  R.  S. 

session,  or  can  legally  and  at  once  be  called  together,  it  will  not  be  lawful  for 
the  President  to  employ  the  Army  on  the  application  merely  of  the  governor. 
(Id.,  p.  99,  II,  A,  1.) 

Where  calls  are  made  upon  the  President,  under  section  4,  article  4,  of  the 
Constitution,  by  two  persons,  each  claiming  to  be  governor  of  the  same  State; 
to  protect  the  State  against  domestic  violence,  it  of  necessity  devolves  upon  the 
President  to  determine,  before  giving  the  required  aid,  which  of  such  persons  is 
the  lawful  incumbent  of  the  office.  (XIV  Opin.  Att.  Genv  391;  VII  id.,  8;  Prize 
Cases,  2  Black,  97;  Dodge  v.  Woolsey,  18  Howard,  373;  Ex  parte  Milligan,  4 
Wallace,  129.) 

A  military  force  employed  according  to  article  4,  section  4,  of  the  Constitu- 
tion, is  to  remain  under  the  direction  and  orders  of  the  President  as  Commander 
in  Chief  and  his  military  subordinates;  it  can  not  be  placed  under  the  direct 
orders  or  exclusive  disposition  of  the  governor  of  the  State.  (Dig.  Opin. 
J.  A.  G.,  p.  101,  II,  E.) 

In  all  cases  of  civil  disorders  or  domestic  violence  it  is  the  duty  of  the  Army 
to  preserve  an  attitude  of  indifference  and  inaction  till  ordered  to  act  by  the 
President,  by  the  authority  of  the  Constitution  or  of  section  2150,  5297,  or  5298, 
Revised  Statutes,  or  other  public  statute.  An  officer  or  soldier  may,  indeed,  in- 
terfere to  arrest  a  person  in  the  act  of  committing  a  crime,  or  to  prevent  a 
breach  of  the  peace  in  his  presence,  but  this  he  does  as  a  citizen  and  not  in  his 
military  capacity.  Any  combined  effort  by  the  military,  as  such,  to  make 
arrests  or  otherwise  prevent  breaches  of  the  peace  or  violations  of  law  in  civil 
cases,  except  by  the  order  of  the  President  or  the  requirement  of  a  United 
States  official  authorized  to  require  their  services  on  a  posse  comitatus,  must 
necessarily  be  illegal.  In  a  case  of  civil  disturbance  in  violation  of  the  laws  of 
a  State,  a  military  commander  can  not  volunteer  to  intervene  with  his  command 
without  incurring  a  personal  responsibility  for  his  acts.  In  the  absence  of 
the  requisite  orders  he  may  not  even  march  or  array  his  command  for  the  pur- 
pose of  exerting  a  moral  effect  or  any  effect  in  terrorem;  such  a  demonstration, 
indeed,  could  only  compromise  the  authority  of  the  United  States,  while  insult- 
ing the  sovereignty  of  the  State.  (Id.,  p.  101,  II,  D.) 

See  also  Army  Regulations,  article  47,  for  instructions  as  to  the  use  of  the 
military  force  in  support  of  the  civil  authority. 

1  The  National  Government  has  the  right  to  use  physical  force  in  any  part  of 
the  United  States  to  compel  obedience  to  its  laws,  and  to  carry  into  execution 
the  powers  conferred  upon  it  by  the  Constitution.  "  We  hold  it  to  be  an  in- 
controvertible principle  that  the  Government  of  the  United  States  may,  by 
means  of  physical  force,  exercised  through  its  official  agents,  execute  on  every 
foot  of  American  soil  the  powers  and  functions  that  belong  to  it."  (Ex  parte 
Siebold,  100  U.  S.,  371,  395;  U.  S.  v.  Neagle,  135  U.  S.,  1,  60;  Logan  v.  U.  S., 
144  U.  S.,  263,  294;  in  re  Waite,  81  Fed.  Rep.,  359;  U.  S.  v.  Debs,  164  U.  S., 
724;  U.  S.  v.  Cassidy,  67  Fed.  Rep.,  698.) 

An  officer  who,  in  the  performance  of  what  he  conceives  to  be  his  official 
duties,  transcends  his  authority,  and  invades  private  rights,  is  answerable 
therefor  to  the  Government  under  whose  appointment  he  acts,  and  to  individuals 


532  MILITARY   LAWS   OF    THE  UNITED   STATES. 

1418.  Power   to   suppress   insurrection. — Whenever    insurrection, 
domestic  violence,  unlawful  combinations,  or   conspiracies  in  any 
State  so  obstructs  or  hinders  the  execution  of  the  laws  thereof,  and 
of  the  United  States,  as  to  deprive  any  portion  or  class  of  the  people 
of  such  State  of  any  of  the  rights,  privileges,  or  immunities,  or  pro- 
tection, named  in  the  Constitution  and  secured  by  the  laws  for  the 
protection  of  such  rights,  privileges,  or  immunities,  and  the  con- 
stituted authorities  of  such  State  are  unable  to  protect,  or,  from  any 
cause,  fail  in  or  refuse  protection  of  the  people  in  such  rights,  such 
facts  shall  be  deemed  a  denial  by  such  State  of  the  equal  protection 
of  the  laws  to  which  they  are  entitled  under  the  Constitution  of  the 
United  States;  and  in  all  such  cases,  or  whenever  any  such  insur- 
rection, violence,  unlawful  combination  or  conspiracy,  opposes  or 
obstructs  the  laws  of  the  United  States,  or  the  due  execution  thereof, 
or  impedes  or  obstructs  the  due  course  of  justice  under  the  same,  it 
shall  be  lawful  for  the  President,  and  it  shall  be  his  duty,  to  take 
such  measures,  by  the  employment  of  the  militia  or  the  land  and 
naval  forces  of  the  United  States,  or  of  either,  or  by  other  means, 
as  he  may  deem  necessary,  for  the  suppression  of  such  insurrection, 
domestic  violence,  or  combinations.1    Sec.  5299,  R.  8. 

1419.  Proclamation  to  insurgents  to  disperse. — Whenever,  in  the 
judgment  of  the  President,  it  becomes  necessary  to  use  the  military 
forces  under  this  title,  the  President  shall  forthwith,  by  proclama- 
tion, command  the  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  abodes,  within  a  limited  time.2    Sec.  5300,  R.  S. 

injured  by  his  action ;  but  where  there  is  no  criminal  intent,  he  is  not  liable  to 
answer  the  criminal  process  of  another  Government.  (In  re  Lewis,  83  Fed. 
Rep.,  159;  in  re  Fair  et  al.  100,  id.,  149.) 

An  officer  of  the  Army  of  the  United  States  whilst  serving  in  the  enemy's 
country  during  the  rebellion  was  not  liable  to  an  action  in  the  courts  of  that 
country  for  injuries  resulting  from  his  military  orders  or  acts;  nor  could  he 
be  required  by  a  civil  tribunal  to  justify  or  explain  thorn  upon  any  allegation 
of  the  injured  party  that  they  were  not  justified  by  military  necessity.  He  was 
subject  to  the  laws  of  war,  and  amenable  only  to  his  own  Government.  (Dorr 
v.  Johnson,  100  U.  S.,  158;  Luther  v.  Borden,  7  Howard,  1,  46.) 

As  a  necessary  incident  of  the  power  to  declare  and  prosecute  war,  the 
Federal  Government  has  a  right  to  transport  troops  through  and  over  the  ter- 
ritory of  any  State  of  the  Union.  (Crandall  v.  Nevada,  6  Wall.,  35.  See  also 
XVI  Opin.  Att.  Gen.,  162;  XVII  id.,  242,  333;  XIX  id.,  293,  and  note  to  par. 
1418,  post.) 

1  The  power  to  enforce  its  laws  and  to  execute  its  functions  in  all  places  does 
not  derogate  from  the  power  of  the  State  to  execute  its  laws  at  the  same  time 
and  in  the  same  places.    The  one  does  not  exclude  the  other  except  where  both 
can  not  be  executed  at  the  same  time.    In  that  case  the  words  of  the  Constitu- 
tion itself  show  which  is  to  yield ;   "  this  Constitution  and  the  laws  of  the 
United  States  which  shall  be  made  in  pursuance  thereof;     *     *     *     shall  be 
the  supreme  law  of  the  land.'; 

Although  no  State  could  establish  and  maintain  a  permanent  military  govern- 
ment, yet  it  may  use  its  military  power  to  put  down  an  armed  insurrection  too 
strong  to  be  controlled  by  the  civil  authority.  The  State  must  determine  for 
itself  what  degree  of  force  the  crisis  demands.  (Luther  v.  Borden,  7  How.,  1. 
See  also  XVI  Opin.  Att.  Gen.,  162.  (See  also  note  2  to  par.  1416,  ante.) 

2  See  XVII  Opin.  Att.  Gen.,  333.    Section  2  of  the  act  of  May  4,  1880  (21  Stat. 
113),  contained  the  requirement  "  that  no  money  appropriated  in  this  act  is  ap- 


MILITARY   LAWS   OF   THE   UNITED   STATES.  533 

SUSPENSION  OF  INTERCOURSE. 

1420.  Suspension  of  commercial  intercourse. — Whenever  the  Presi- 
dent, in  pursuance  of  the  provisions  of  this  Title,  has  called  forth 
the  militia  to  suppress  combinations  against  the  laws  of  the  United 
States,  and  to  cause  the  laws  to  be  duly  executed,  and  the  insurgents 
shall  have  failed  to  disperse  by  the  time  directed  by  the  President, 
and  when  the  insurgents  claim  to  act  under  the  authority  of  any  State 
or  States,  and  such  claim  is  not  disclaimed  or  repudiated  by  the  per- 
sons exercising  the  functions  of  government  in  such  State  or  States, 
or  in  the  part  or  parts  thereof  in  which  such  combination  exists,  and 
such  insurrection  is  not  suppressed  by  such  State  or  States,  or  when- 
ever the  inhabitants  of  any  State  or  part  thereof  are  at  any  time 
found  by  the  President  to  be  in  insurrection  against  the  United 
States,  the  President  may,  by  proclamation,  declare  that  the  inhab- 
itants of  such  State,  or  of  any  section  or  part  thereof  where  such  in- 
surrection exists,  are  in  a  state  of  insurrection  against  the  United 
States;  and  thereupon  all  commercial  intercourse  by  and  between 
the  same  and  the  citizens  thereof  and  the  citizens  of  the  rest  of  the 
United  States  shall  cease  and  be  unlawful  so  long  as  such  condition 
of  hostility  shall  continue ;  and  all  goods  and  chattels,  wares  and  mer- 
chandise, coming  from  such  State  or  section  into  the  other  parts  of 
the  United  States,  or  proceeding  from  other  parts  of  the  United 
States  to  such  State  or  section,  by  land  or  water,  shall,  together  with 
the  vessel  or  vehicle  conveying  the  same,  or  conveying  persons  to  or 
from  such  State  or  section,  be  forfeited  to  the  United  States.1    Sec. 
5301,  R.  S. 

1421.  In  loyal  States. — Whenever  any  part  of  a  State  not  declared 
to  be  in  insurrection  is  under  the  control  of  insurgents,  or  is  in  dan- 
gerous proximity  to  places  under  their  control,  all  commercial  inter- 
course therein  and  therewith  shall  be  subject  to  the  prohibitions  and 
conditions  of  the  preceding  section  for  such  time  and  to  such  extent 
as  shall  become  necessary  to  protect  the  public  interests,  and  be 
directed  by  the  Secretary  of  the  Treasury,  with  the  approval  of  the 
President.    Sec.  5302,  R.  S. 

1422.  To  whom  prohibition  shall  extend. — The  provisions  of  this 
Title  in  relation  to  commercial  intercourse  shall  apply  to  all  commer- 
cial intercourse  by  and  between  persons  residing  or  being  within  dis- 

propriated  or  shall  be  paid  for  the  subsistence,  equipment,  transportation,  or 
compensation  of  any  portion  of  the  Army  of  the  United  States  to  be  used  as  a 
police  force  to  keep  the  peace  at  the  polls  at  any  election  held  within  any  State : 
Provided,  That  nothing  in  this  provision  shall  be  construed  to  prevent  the  use 
of  troops  to  protect  against  domestic  violence  in  each  of  the  States  on  applica- 
tion of  the  legislature  thereof  or  of  the  executive  when  the  legislature  can  not 
be  convened." 

1  See  The  Reform,  2  Wall.,  258 ;  id.,  3  Wall.,  617 ;  U.  S.  v.  Weed,  5  Wall.,  62 ; 
The  Hampton,  5  Wall.,  372;  The  Ouachita  Cotton,  6  Wall.,  521;  The  Venice, 
2  Wall.,  258 ;  Cutner  v.  U.  S.,  17  Wall.,  517. 


534  MILITARY   LAWS   OF    THE  UNITED   STATES. 

tricts  within  the  lines  of  national  military  occupation  in  the  States 
or  parts  of  States  declared  in  insurrection,  whether  Avith  each  other 
or  with  persons  residing  or  being  within  districts  declared  in  insur- 
rection and  not  within  those  lines ;  and  all  persons  within  the  United 
States,  not  native  or  naturalized  citizens  thereof,  shall  be  subject  to 
the  same  prohibitions,  in  all  commercial  intercourse  with  inhabitants 
of  States  or  parts  of  States  declared  in  insurrection,  as  citizens  of 
States  not  declared  to  be  in  insurrection.  Sec.  5303,  R.  S. 

1423.  To  what  extent  permitted. — The  President  may,  in  his  dis- 
cretion, license  and  permit  commercial  intercourse  with  any  part  of 
such  State  or  section,  the  inhabitants  of  which  are  so  declared  in  a 
state  of  insurrection,  so  far  as  may  be  necessary  to  authorize  supply- 
ing the  necessities  of  loyal  persons  residing  in  insurrectionary  States, 
within  the  lines  of  actual  occupation  by  the  military  forces  of  the 
United  States,  as  indicated  by  published  order  of  the  commanding 
general  of  the  department  or  district  so  occupied;  and,  also,  so  far 
as  may  be  necessary  to  authorize  persons  residing  within  such  lines 
to  bring  or  send  to  market  in  the  loyal  States  any  products  which 
they  shall  have  produced  with  their  own  labor  or  the  labor  of  freed- 
men,  or  others  employed  and  paid  by  them,  pursuant  to  rules  re- 
lating thereto,  which  may  be  established  under  proper  authority. 
And  no  goods,  wares,  or  merchandise  shall  be  taken  into  a  State 
declared  in  insurrection,  or  transported  therein,  except  to  and  from 
such  places  and  to  such  monthly  amounts  as  shall  have  been  pre- 
viously agreed  upon,  in  writing,  by  the  commanding  general  of  the 
department  in  which  such  places  are  situated,  and  an  officer  desig- 
nated by  the  Secretary  of  the  Treasury  for  that  purpose.     Such 
commercial  intercourse  shall  be  in  such  articles  and  for  such  time 
and  by  such  persons  as  the  President,  in  his  discretion,  may  think 
most  conducive  to  the  public  interest ;  and,  so  far  as  by  him  licensed, 
shall  be  conducted  and  carried  on  only  in  pursuance  of  rules  and 
regulations  prescribed  by  the  Secretary  of  the  Treasury.1    Sec.  5304, 
R.S. 

1424.  Appointment  and  compensation  of  officers. — The  Secretary 
of  the  Treasury  may  appoint  such  officers  at  places  where  officers  of 
the  customs  are  not  now  authorized  by  law  as  may  be  needed  to  carry 
into  effect  such  licenses,  rules,  and  regulations.     In  all  cases  where 
officers  of  the  customs,  or  other  salaried  officers,  are  appointed  by 
him  to  carry  into  effect  such  licenses,  rules,  and  regulations,  such 
officer  shall  be  entitled  to  receive  one  thousand  dollars  a  year  for  his 
services,  in  addition  to  his  salary  or  compensation  under  any  other 

^ee  The  Sea  Lion,  5  Wall.,  630;  The  Ouachita  Cotton,  6  Wall.,  521;  Coppell 
v.  Hall,  7  Wall.,  542 ;  McKee  v.  U.  S.,  8  Wall.,  163 ;  U.  S.  v.  Lane,  8  Wall.,  185.  As 
to  intercourse  with  occupied  territory,  see  chapter  12,  Military  Government  and 
Martial  Law,  Birkhimer. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  535 

law.  But  the  aggregate  compensation  of  any  such  officer  shall  not 
exceed  the  sum  of  five  thousand  dollars  in  any  one  year.  Sec.  6305. 
R.S. 

1425.  Trading  without  license,  etc. — Every  officer  of  the  United 
States,  civil,  military,  or  naval,  and  every  sutler,  soldier,  marine,  or 
other  person,  who  takes  or  causes  to  be  taken  into  a  State  declared  to 
be  in  insurrection,  or  to  any  other  point  to  be  thence  taken  into  sucK 
State,  or  who  transports  or  sells,  or  otherwise  disposes  of  therein, 
any  goods,  wares,  or  merchandise  whatsoever,  except  in  pursuance 
of  license  and  authority  of  the  President,  as  provided  in  this  title, 
or  who  makes  any  false  statement  or  representation  upon  which 
license  and  authority  is  granted  for  such  transportation,  sale,  or 
other  disposition,  or  who,  undeivany  license  or  authority  obtained, 
willfully  and  knowingly  transports,  sells,  or  otherwise  disposes  of 
any  other  goods,  wares,  or  merchandise  than  such  as  are  in  good 
faith  so  licensed  and  authorized,  or  who  willfully  and  knowingly 
transports,  sells,  or  disposes  of  the  same,  or  any  portion  thereof,  in 
violation  of  the  terms  of  such  license  or  authority,  or  of  any  rule  or 
regulation  prescribed  by  the  Secretary  of  the  Treasury  concerning 
the  same,  or  who  is  guilty  of  any  act  of  embezzlement,  of  willful 
misappropriation  of  public  or  private  money  or  property,  of  keep- 
ing false  accounts,  or  of  willfully  making  any  false  returns,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  not  more  than 
five  thousand  dollars,  and  imprisoned  in  the  penitentiary  not  more 
than  three  years.     Violations  of  this  section  shall  be  cognizable  be- 
fore any  court,  civil  or  military,  competent  to  try  the  same.    Sec. 

5306,  R.  S. 

1426.  Investigations  to  detect  frauds. — It  shall  be  the  duty  of  the 
Secretary  of  the  Treasury,  from  time  to  time,  to  institute  such  inves- 
tigations as  may  be  necessary  to  detect  and  prevent  frauds  and 
abuses  in  any  trade  or  transactions  which  may  be  licensed  between 
inhabitants  of  loyal  States  and  of  States  in  insurrection.     And  the 
agents  making  such  investigations  shall  have  power  to  compel  the 
attendance  of  witnesses,  and  to  make  examinations  on  oath.    Sec. 

5307,  R.  S. 

1427.  Confiscation  of  property  employed  in  aid  of  insurrection. — 
Whenever  during  any  insurrection  against  the  Government  of  the 
United  States,  after  the  President  shall  have  declared  by  proclama- 
tion that  the  laws  of  the  United  States  are  opposed,  and  the  execu- 
tion thereof  obstructed,  by  combinations  too  powerful  to  be  sup- 
pressed by  the  ordinary  course  of  judicial  proceedings,  or  by  the 
power  vested  in  the  marshals  by  law,  any  person,  or  his  agent,  attor- 
ney, or  employe,  purchases  or  acquires,  sells  or  gives,  any  property 
of  whatsoever  kind  or  description,  with  intent  to  use  or  employ  the 


536  MILITARY  LAWS  OF   THE  UNITED  STATES. 

same,  or  suffers  the  same  to  be  used  or  employed  in  aiding,  abetting, 
or  promoting  such  insurrection  or  resistance  to  the  laws,  or  any  person 
engaged  therein ;  or  being  the  owner  of  any  such  property,  knowingly 
uses  or  employs,  or  consents  to  such  use  or  employment  of  the  same, 
all  such  property  shall  be  lawful  subject  of  prize  and  capture  wher- 
ever found;  and  it  shall  be  the  duty  of  the  President  to  cause  the 
same  to  be  seized,  confiscated,  and  condemned.1  Sec.  5308,  R.  S. 

1428.  Proceedings,  where  had. — Such  prizes  and  capture  shall  be 
condemned  in  the  district  or  circuit  court  of  the  United  States  having 
jurisdiction  of  the  amount,  or  in  admiralty  in  any  district  in  which 
the  same  [may]  be  seized,  or  into  which  they  may  be  taken  and  pro- 
ceedings first  instituted. '  Sec.  5309,  R.  S. 

1429.  Property  taken  on  inland  waters. — No  property  seized  or 
taken  upon  any  of  the  inland  waters  of  the  United  States  by  the 
naval  forces  thereof  shall  be  regarded  as  maritime  prize;  but  all 
property  so  seized  or  taken  shall  be  promptly  delivered  to  the  proper 
officers  of  the  courts.    Sec.  5310,  R.  S. 

1430.  How  proceedings  shall  ~be  instituted. — The  Attorney- General, 
or  the  attorney  of  the  United  States  for  any  judicial  district  in  which 
such  property  may  at  the  time  be,  may  institute  the  proceedings  of 
condemnation,  and  in  such  case  they  shall  be  wholly  for  the  benefit 
of  the  United  States;  or  any  person  may  file  an  information  with 
such  attorney,  in  which  case  the  proceedings  shall  be  for  the  use  of 
such  informer  and  the  United  States  in  equal  parts.2     Sec.  5311, 

R.S. 

1431.  Prohibition  upon  transportation  of  goods  to  aid  insurrec- 
tion.— The  Secretary  of  the  Treasury  is  authorized  to  prohibit  and 
prevent  the  transportation  in  any  vessel,  or  upon  any  railroad,  turn- 
pike, or  other  road  or  means  of  transportation  within  the  United 
States,  of  any  property,  whatever  may  be  the  ostensible  destination 
of  the  same,  in  all  cases  where  there  are  satisfactory  reasons  to  be- 
lieve that  such  property  is  intended  for  any  place  in  the  possession 
or  under  the  control  of  insurgents  against  the  United  States,  or 
that  there  is  imminent  danger  that  such  property  will  fall  into  the 
possession  or  under  the  control  of  such  insurgents;  and  he  is  fur- 
ther authorized,  in  all  cases  where  he  deems  it  expedient  so  to  do, 
to  require  reasonable  security  to  be  given  that  property  shall  not  be 
transported  to  any  place  under  insurrectionary  control,  and  shall 
not,  in  any  way,  be  used  to  give  aid  or  comfort  to  such  insurgents; 
and  he  may  establish  all  such  general  or  special  regulations  as  may 
be  necessary  or  proper  to  carry  into  effect  the  purposes  of  this  sec- 

1  See  Mrs.  Alexander's  Cotton,  2  Wall.,  404 ;  Union  Ins.  Co.  v.  U.  S.,  6  Wall., 
759 ;  Armstrong's  Foundry,  6  Wall.,  766 ;  Morris's  Cotton,  8  Wall.,  507 ;  U.  S.  v. 
Shares  of  Capital  Stock,  5  Blatch.,  231. 

8  See  Francis  v.  U.  S.,  5  Wall.,  338 ;  Confiscation  Cases,  7  Wall.,  454 ;  Miller  v. 
U.  S.,  11  Wall.,  268 ;  Tyler  v.  Defrees,  11  Wall.,  331. 


MILITARY   LAWS  OP  THE  UNITED   STATES.  537 

tion;  and  if  any  property  is  transported  in  violation  of  this  act, 
or  of  any  regulation  of  the  Secretary  of  the.  Treasury,  established 
in  pursuance  thereof,  or  if  any  attempt  shall  be  made  so  to  trans- 
port any,  it  shall  be  forfeited.1  Sec.  5312,  R.  S. 

1432.  Prohibition  upon  trade  in  captured  or  abandoned  property. — 
All  persons  in  the  military  or  naval  service  of  the  United  States 
are  prohibited  from- buying  or  selling,  trading,  or  in  any  way  deal- 
ing in  captured  or  abandoned  property,  whereby  they  shall  receive 
or  expect  any  profit,  benefit,  or  advantage  to  themselves,  or  any  other 
person,  directly  or  indirectly  connected  with  them;  and  it  shall  be 
the  duty  of  such  person  whenever  such  property  comes  into  his  pos- 
session or  custody,  or  within  his  control,  to  give  notice  thereof  to  some 
agent,  appointed  by  virtue  of  this  Title,  and  to  turn  the  same  over 
to  such   agent  without  delay.     Any  officer  of  the  United   States, 
civil,  military,  or  naval,  or  any  sutler,  soldier,  or  marine,  or  other 
person  who  shall  violate   any  provision  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  not  more  than 
five  thousand  dollars,  and  imprisoned  in  the  panitentiary  not  more 
than  three  years.     Violations  of  this  section  shall  be  cognizable  be- 
fore any  court,  civil  or  military,  competent  to  try  the  same.     Sec. 
5313,  R.  S. 

1433.  Change  of  port  of  entry  in  case  of  insurrection. — Whenever 
the  President  shall  deem  it  impracticable,  by  reason  of  unlawful  com- 
binations of  persons  in  opposition  to  the  laws  of  the  United  States, 
to  collect  the  duties  on  imports  in  the  ordinary  way,  at  any  port  of 
entry  in  any  collection  district,  he  may  cause  such  duties  to  be  col- 
lected at  any  port  of  delivery  in  the  district  until  such  obstruction 
ceases ;  in  such  case  the  surveyor  at  such  port  of  delivery  shall  have 
the  powers  and  be  subject  to  all  the  obligations  of  a  collector  at  a 
port  of  entry.     The  Secretary  of  the  Treasury,  with  the  approval  of 
the  President,  shall  also  appoint  such  weighers,  gaugers,  measurers, 
inspectors,  appraisers,  and  clerks  as  he  may  deem  necessary,  for  the 
faithful  execution  of  the  revenue  laws  at  such  port  of  delivery,  and 
shall  establish  the  limits  within  which  such  port  of  delivery  is  con- 
stituted a  port  of  entry.     And  all  the  provisions  of  law  regulating 
the  issue  of  marine  papers,  the  coasting  trade,  the  warehousing  of 
imports,  and  the  collection  of  duties,  shall  apply  to  the  ports  of 
entry  thus  constituted,  in  the  same  manner  as  they  do  to  ports  of 
entry*  established  by  law.     Sec.  6314,  R.  S. 

1434.  Removal  of  custom-house. — Whenever,  at  any  port  of  entry, 
the  duties  on  imports  can  not,  in  the  judgment  of  the  President,  be 
collected  in  the  ordinary  way,  or  by  the  course  provided  in  the  pre- 
ceding section,  by  reason  of  the  cause  mentioned  therein,  he  may 

1  See  Gay's  Gold,  13  Wall.,  358. 


538  MILITARY   LAWS   OF    THE   UNITED   STATES. 

direct  that  the  custom-house  for  the  district  be  established  in  any 
secure  place  within  the  district,  either  on  land  or  on  board  any  vessel 
in  the  district,  or  at  sea  near  the  coast ;  and  in  such  case  the  collector 
shall  reside  at  such  place,  or  on  shipboard,  as  the  case  may  be,  and 
there  detain  all  vessels  and  cargoes  arriving  within  or  approaching 
the  district,  until  the  duties  imposed  by  law  on  such  vessels  and  their 
cargoes  are  paid  in  cash.  But  if  the  owner  or  consignee  of  the  cargo 
on  board  any  vessel  thus  detained,  or  the  master  of  the  vessel,  desires 
to  enter  a  port  of  entry  in  any  other  district  where  no  such  obstruc- 
tions to  the  execution  of  the  laws  exist,  the  master  may  be  permitted 
so  to  change  the  destination  of  the  vessel  and  cargo  in  his  manifest; 
whereupon  the  collector  shall  deliver  him  a  written  permit  to  proceed 
to  the  port  so  designated.  And  the  Secretary  of  the  Treasury,  with 
the  approval  of  the  President,  shall  make  proper  regulations  for  the 
enforcement  on  shipboard  of  such  provisions  of  the  laws  regulating 
the  assessment  and  collection  of  duties  as  in  his  judgment  may  be 
necessary  and  practicable.  Sec.  5315,  R.  S. 

1435.  Enforcement  of  preceding  sections. — It  shall  be  unlawful  to 
take  any  vessel  or  cargo  detained  under  the  preceding  section  from 
the  custody  of  the  proper  officers  of  the  customs,  unless  by  process  of 
some  court  of  the  United  States ;  and  in  case  of  any  attempt  other- 
wise to  take  such  vessel  or  cargo  .by  any  force,  or  combination,  or 
assemblage  of  persons,  too  great  to  be  overcome  by  the  officers  of  the 
customs,  the  President,  or  such  person  as  he  shall  have  empowered 
for  that  purpose,  may  employ  such  part  of  the  Army  or  Navy  or 
militia  of  the  United  States,  or  such  force  of  citizen  volunteers  as 
may  be  necessary,  to  prevent  the  removal  of  such  vessel  or  cargo, 
and  to  protect  the  officers  of  the  customs  in  retaining  the  custody 
thereof.    Sec.  5316,  R.  S. 

1436.  Entire  district  closed  to  entry. — Whenever,  in  any  collection 
district,  the  duties  on  imports  can  not,  in  the  judgment  of  the  Presi- 
dent, be  collected  in  the  ordinary  way,  nor  in  the  manner  provided  by 
the  three  preceding  sections,  by  reason  of  the  cause  mentioned  in  sec- 
tion fifty-three  hundred  and  fourteen  [Rev.  Stat.],1  the  President 
may  close  the  port  of  entry  in  that  district;  and  shall  in  such  case 
give  notice  thereof  by  proclamation.     And  thereupon  all  right  of 
importation,  warehousing,  and  other  privileges  incident  to  ports  of 
entry  shall  cease  and  be  discontinued  at  such  port  so  closed  until  it  is 
opened  by  the  order  of  the  President  on  the  cessation  of  such  obstruc- 
tions.    Every  vessel  from  beyond  the  United  States,  or  having  on 
board  any  merchandise  liable  to  duty,  which  attempts  to  enter  any 
port  which  has  been  closed  under  this  section,  shall,  with  her  tackle, 
apparel,  furniture,  and  cargo,  be  forfeited.    Sec.  5317,  R.  S. 

1  Paragraph  1433,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  539 

1437.  Vessels  in  addition  to  revenue  cutters  may  be  employed. — In 
the  execution  of  laws  providing  for  the  collection  of  duties  on  imports 
and  tonnage,  the  President,  in  addition  to  the  revenue  cutters  in  serv- 
ice, may  employ  in  aid  thereof  such  other  suitable  vessels  as  may,  in 
his  judgment,  be  required.    Sec.  5318,  R.  S. 

1438.  Forfeiture  of  vessels  belonging  to  citizens  of  insurrectionary 
States. — From  and  after  fifteen  days  after  the  issuing  of  the  procla- 
mation, as  provided  in  section  fifty-three  hundred  and  one  [Kev. 
Stat.],1  any  vessel  belonging  in  whole  or  in  part  to  any  citizen  or 
inhabitant  of  such  State  or  part  of  a  State  whose  inhabitants  are 
so  declared  in  a  state  of  insurrection,  found  at  sea,  or  in  any  port  of 
the  rest  of  the  United  States,  shall  be  forfeited.2    Sec.  5319,  R.  S. 

1439.  Refusal  of  clearance  to  ^vessels  laden  with  suspected  mer- 
chandise.— The  Secretary  of  the  Treasury  is  authorized  to  refuse 
a  clearance  to  any  vessel  or  other  vehicle  laden  with  merchandise, 
destined  for  a  foreign  or  domestic  port,  whenever  he  shall  have  satis- 
factory reason  to  believe  that  such  merchandise,  or  any  part  thereof, 
whatever  may  be  its  ostensible  destination,  is  intended  for  ports  in 
possession  or  under  control  of  insurgents  against  the  United  States ; 
and  if  any  vessel  for  which  a  clearance  or  permit  has  been  refused 
by  the  Secretary  of  the  Treasury,  or  by  his  order,  shall  depart  or 
attempt  to  depart  for  a  foreign  or  domestic  port  without  being  duly 
cleared  or  permitted,  such  vessel,  with  her  tackle,  apparel,  furniture, 
and  cargo,  shall  be  forfeited.    Sec.  5320,  R.  S. 

1440.  Bond  upon  clearance. — Whenever  a  permit  or  clearance  is 
granted  for  either  a  foreign  or  domestic  port,  it  shall  be  lawful  for 
the  collector  of  the  customs  granting  the  same,  if  he  deems  it  neces- 
sary, under  the  circumstances  of  the  case,  to  require  a  bond  to  be 
executed  by  the  master  or  the  owner  of  the  vessel,  in  a  penalty  equal 
to  the  value  of  the  cargo,  and  with  sureties  to  the  satisfaction  of  such 
collector,  that  the  cargo  shall  be  delivered  at  the  destination  for 
which  it  is  cleared  or  permitted,  and  that  no  part  thereof  shall  be 
used  in  affording  aid  or  comfort  to  any  person  or  parties  in  insurrec- 
tion against  the  authority  of  the  United  States.    Sec.  53%1,  R.  S. 

1441.  Liens  upon  condemned  vessels. — In  all  cases  wherein  any 
vessel,  or  other  property,  is  condemned  in  any  proceeding  by  virtue 
of  any  laws  relating  to  insurrection  or  rebellion,  the  court  rendering 
judgment  of  condemnation  shall,  notwithstanding  such  condemna- 
tion, and  before  awarding  such  vessel,  or  other  property,  or  the  pro- 
ceeds thereof,  to  the  United  States,  or  to  any  informer,  first  provide 
for  the  payment,  out  of  the  proceeds  of  such  vessel,  or  other  property, 
of  any  bona  fide  claims  which  shall  be  filed  by  any  loyal  citizen  of 
the  United  States,  or  of  any  foreign  state  or  power  at  peace  and 

1  Paragraph  1420,  ante.        *  The  Schooner  Keeling,  Blatch  Pr.  Gas.,  92. 


540  MILITARY   LAWS   OF    THE   UNITED   STATES. 

amity  with  the  United  States,  intervening  in  such  proceeding,  and 
which  shall  be  duly  established  by  evidence  as  a  valid  claim  against 
such  vessel,  or  other  property,  under  the  laws  of  the  United  States  or 
any  State  thereof  not  declared  to  be  in  insurrection.  No  such  claim 
shall  be  allowed  in  any  case  where  the  claimant  has  knowingly  par- 
ticipated in  the  illegal  use  of  such  ship,  vessel,  or  other  property. 
This  section  shall  extend  to  such  claims  only  as  might  have  been 
enforced  specifically  against  such  vessel,  or  other  property,  in  any 
State  not  declared  to  be  in  insurrection,  wherein  such  claim  arose.1 
Sec.  5322,  R.  8. 

CIVIL  RIGHTS. 

1442.  Equal  rights  under  the  law.— All  persons  within  the  juris- 
diction of  the  United  States  shall  have  the  same  right  in  every 
State  and  Territory  to  make  and  enforce  contracts,  to  sue,  be  parties, 
give  evidence,  and  to  the  full  and  equal  benefit  of  all  laws  and  pro- 
ceedings for  the  security  of  persons  and  property  as  is  enjoyed  by 
white  citizens,  and  shall  be  subject  to  like  punishment,  pains,  penal- 
ties, taxes,  licenses,  and  exactions  of  every  kind,  and  to  no  other. 
Sec.  1977,  R.  S. 

1443.  Rights  of  citizens  in  respect  to  real  and  personal  property. — 
All  citizens  of  the  United  States  shall  have  the  same  right,  in  every 
State  and  Territory,  as  is  enjoyed  by  white  citizens  thereof  to  inherit, 
purchase,  lease,  sell,  hold,  and  convey  real  and  personal  property. 
Sec.  1978,  R.  8. 

1444.  Civil  action  for  deprivation  of  rights. — Every  person  who, 
under  color  of  any  statute,  ordinance,  regulation,  custom,  or  usage, 
of  any  State  or  Territory,  subjects,  or  causes  to  be  subjected,  any 
citizen  of  the  United  States  or  other  person  within  the  jurisdiction 
thereof  to  the  deprivation  of  any  rights,  privileges,  or  immunities 
secured  by  the  Constitution  and  laws,  shall  be  liable  to  the  party 
injured  in  an  action  at  law,  suit  in  equity,  or  other  proper  proceeding 
for  redress.    Sec.  1979,  R.  8. 

1445.  Conspiracy. — First.  If  two  or  more  persons  in  any  State  or 
Territory  conspire  to  prevent,  by  force,  intimidation,  or  threat,  any 
person  from  accepting  or  holding  any  office,  trust,  or  place  of  confi- 
dence under  the  United   States,   or   from  discharging  any   duties 
thereof ;  or  to  induce  by  like  means  any  officer  of  the  United  States  to 
leave  any  State,  district,  or  place,  where  his  duties  as  an  officer  are 
required  to  be  performed,  or  to  injure  him  in  his  person  or  property 
on  account  of  his  lawful  discharge  of  the  duties  of  his  office,  or  while 
engaged  in  the  lawful  discharge  thereof,  or  to  injure  his  property  so 
as  to  molest,  interrupt,  hinder,  or  impede  him  in  the  discharge  of 
his  official  duties ; 

1  The  Hampton,  5  Wall.,  372. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  541 

Second.  If  two  or  more  persons  in  any  State  or  Territory  conspire 
to  deter,  by  force,  intimidation,  or  threat,  any  party  or  witness  in 
any  court  of  the  United  States  from  attending  such  court,  or  from 
testifying  to  any  matter  pending  therein,  freely,  fully,  and  truth- 
fully, or  to  injure  such  party  or  witness  in  his  person  or  property 
on  account  of  his  having  so  attended  or  testified,  or  to  influence  the 
verdict,  presentment,  or  indictment  of  any  grand  or  petit  juror  in 
any  such  court,  or  to  injure  such  juror  in  his  person  or  property  on 
account  of  any  verdict,  presentment,  or  indictment  lawfully  assented 
to  by  him,  or  of  his  being  or  having  been  such  juror;  or  if  two  or 
more  persons  conspire  for  the  purpose  of  impeding,  hindering,  ob- 
structing, or  defeating,  in  any  manner,  the  due  course  of  justice  in 
any  State  or  Territory,  with  intent  to  deny  to  any  citizen  the  equal 
protection  of  the  laws,  or  to  injure  him  or  his  property  for  lawfully 
enforcing,  or  attempting  to  enforce,  the  right  of  any  person,  or  class 
of  persons,  to  the  equal  protection  of  the  laws; 

Third.  If  two  or  more  persons  in  any  State  or  Territory  conspire, 
or  go  in  disguise  on  the  highway  or  on  the  premises  of  another,  for 
the  purpose  of  depriving,  either  directly  or  indirectly,  any  person 
or  class  of  persons  of  the  equal  protection  of  the  laws,  or  of  equal 
privileges  and  immunities  under  the  laws ;  or  for  the  purpose  of  pre- 
venting or  hindering  the  constituted  authorities  of  any  State  or  Ter- 
ritory from  giving  or  securing  to  all  persons  within  such  State  or 
Territory  the  equal  protection  of  the  laws ;  or  if  two  or  more  persons 
conspire  to  prevent  by  force,  intimidation,  or  threat,  any  citizen  who 
is  lawfully  entitled  to  vote,  from  giving  his  support  or  advocacy  in  a 
legal  manner,  toward  or  in  favor  of  the  election  of  any  lawfully 
qualified  person  as  an  elector  for  President  or  Vice-President,  or  as  a 
member  of  Congress  of  the  United  States;  or  to  injure  any  citizen  in 
person  or  property  on  account  of  such  support  or  advocacy;  in  any 
case  of  conspiracy  set  forth  in  this  section,  if  one  or  more  persons 
engaged  therein  do,  or  cause  to  be  done,  any  act  in  furtherance  of  the 
object  of  such  conspiracy,  whereby  another  is  injured  in  his  person  or 
property,  or  deprived  of  having  and  exercising  any  right  or  privilege 
of  a  citizen  of  the  United  States,  the  party  so  injured  or  deprived 
may  have  an  action  for  the  recovery  of  damages,  occasioned  by  such 
injury  or  deprivation,  against  any  one  or  more  of  the  conspirators. 
Sec.  1980,  R.  S. 

1446.  Action  for  neglect  to  prevent  conspiracy. — Every  person 
who,  having  knowledge  that  any  of  the  wrongs  conspired  to  be  done, 
and  mentioned  in  the  preceding  section,  are  about  to  be  committed, 
and  having  power  to  prevent  or  aid  in  preventing  the  commission  of 
the  same,  neglects  or  refuses  so  to  do,  if  such  wrongful  act  be  com- 
mitted, shall  be  liable  to  the  party  injured  or  his  legal  representa- 


542  MILITARY   LAWS   OF    THE   UNITED   STATES. 

tives,  for  all  damages  caused  by  such  wrongful  act,  which  such  per- 
son by  reasonable  diligence  could  have  prevented;  and  such  dam- 
ages may  be  recovered  in  an  action  on  the  case;  and  any  number 
of  persons  guilty  of  such  wrongful  neglect  or  refusal  may  be  joined 
as  defendants  in  the  action ;  and  if  the  death  of  any  party  be  caused 
by  any  such  wrongful  act  and  neglect,  the  legal  representatives  of 
the  deceased  shall  have  such  action  therefor,  and  may  recover  not 
exceeding  five  thousand  dollars  damages  therein,  for  the  benefit  of 
the  widow  of  the  deceased,  if  there  be  one,  and  if  there  be  no  widow, 
then  for  the  benefit  of  the  next  of  kin  of  the  deceased.  But  no 
action  under  the  provisions  of  this  section  shall  be  sustained  which 
is  not  commenced  within  one  year  after  the  cause  of  action  has 
accrued.  Sec.  1981,  R.  S. 

1447.  District  attorney,  etc.,  to  prosecute. — The  district  attornevs, 
marshals,  and  deputy  marshals,  the  commisioners  appointed  by  the 
circuit  and  territorial  courts,  with  power  to  arrest,  imprison,  or  bail 
offenders,  and  every  other  officer  who  is  especially  empowered  by 
the  President,  are  authorized  and  required,  at  the  expense  of  the 
United  States,  to  institute  prosecutions  against  all  persons  violating 
any  of  the  provisions  of  chapter  seven  of  the  Title  "  CRIMES,"  and 
to  cause  such  persons  to  be  arrested,  and  imprisoned  or  bailed,  for 
trial  before  the  court  of  the  United  States  or  the  Territorial  court 
having  cognizance  of  the  offense.    Sec.  1982,  R.  S. 

1448.  Commissioners. — The  circuit  courts  of  the  United  States  and 
the  district  courts  of  the  Territories,  from  time  to  time,  shall  in- 
crease the  number  of  commissioners,  so  as  to  afford  a  speedy  and  con- 
venient means  for  the  arrest  and  examination  of  persons  charged 
with  the  crimes  referred  to  in  the  preceding  section;  and  such  com- 
missioners are  authorized  and  required  to  exercise  all  the  powers  and 
duties  conferred  on  them  herein  with  regard  to  such  offenses  in  like 
manner  as  they  are  authorized  by  law  to  exercise  with  regard  to 
other  offenses  against  the  laws  of  the  United  States.    Sec.  1983,  R.  S. 

1449.  Same — Appoint  persons  to  execute  warrants,  etc. — The  com- 
missioners authorized  to  be  appointed  by  the  preceding  section  are 
empowered,  within  their  respective  counties,  to  appoint,  in  writing, 
under  their  hands,  one  or  more  suitable  persons,  from  time  to  time, 
who  shall  execute  all  such  warants  or  other  process  as  the  commis- 
sioners may  issue  in  the  lawful  performance  of  their  duties,  and 
the  persons  so  appointed  shall  have  authority  to  summon  and  call 
to  their  aid  the  bystanders  or  posse  comitatus  of  the  proper  county, 
or  such  portion  of  the  land  or  naval  forces  of  the  United  States,  or  of 
the  militia,  as  may  be  necessary  to  the  performance  of  the  duty 
with  which  they  are  charged;  and  such  warrants  shall  run  and  be 
executed  anywhere  in  the  State  of  Territory  within  which  they  are 
issued.    Sec.  198^  R.  S. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  543 

1450.  Marshal  to  obey  precepts,  etc. — Every  marhsal  and  deputy 
marshal  shall  obey  and  execute  all  warrants  or  other  process,  when 
directed  to  him,  issued  under  the  provisions  hereof.     Sec.  1985,  R.  S. 

1451.  Fees  of  district  attorney,  etc. — The  district  attorneys,  mar- 
shals, their  deputies,  and  the  clerks  of  the  courts  of  the  United 
States  and  Territorial  courts  shall  be  paid  for  their  services,  in  cases 
under  the  foregoing  provisions,  the  same  fees  as  are  allowed  to  them 
for  like  services  in  other  cases ;  and  where  the  proceedings  are  before 
a  commissioner  he  shall  be  entitled  to  a  fee  of  ten  dollars  for  his 
services  in  each  case,  inclusive  of  all  services  incident  to  the  arrest 
and  examination.     Sec.  1986,  R.  S. 

1452.  Of  persons  appointed  to  execute  process,  etc. — Every  person 
appointed  to  execute  process  under  section  nineteen  hundred  and 
eighty-four  [Rev.  Stat.]1  shall  be  entitled  to  a  fee  of  five  dollars  for 
each  party  he  may  arrest  and  take  before  the  commissioner,  with  such 
other  fees  as  may  be  deemed  reasonable  by  the  commissioner  for  any 
additional  services  necessarily  performed  by  him,  such  as  attending 
at  the  examination,  keeping  the  prisoner  in  custody,  and  providing 
him  with  food  and  lodging  during  his  detention,  and  until  the  final 
determination  of  the  commissioner ;  such  fees  to  be  made  up  in  con- 
formity with  the  fees  usually  charged  by  the  officers  of  the  courts  of 
justice  within  the  proper  district  or  county,  as  near  as  may  be  prac- 
ticable, and  paid  out  of  the  Treasury  of  the  United  States  on  the  cer- 
tificate of  the  judge  of  the  district  within  which  the  arrest  is  made, 
and  to  be  recoverable  from  the  defendant  as  part  of  the  judgment 
in  case  of  conviction.     Sec.  1987,  R.  S. 

1453.  Speedy  trial. — Whenever  the  President  has  reason  to  believe 
that  offenses  have  been  or  are  likely  to  be  committed  against  the  pro- 
visions of  chapter  seven  of  the  Title  CRIMES,  within  any  judicial  dis- 
trict, it  shall  be  lawful  for  him,  in  his  discretion,  to  direct  the  judge, 
marshal,  and  district  attorney  of  such  district  to  attend  at  such  place 
within  the  district,  and  for  such  time,  as  he  may  designate,  for  the 
purpose  of  the  more  speedy  arrest  and  trial  of  persons  so  charged, 
and  it  shall  be  the  duty  of  every  judge  or  other  officer,  when  any 
such  requisition  is  received  by  him,  to  attend  at  the  place  and  for 
the  time  therein  designated.    Sec.  1988,  R.  S. 

1454.  Aid  of  the  military  and  naval  forces. — It  shall  be  lawful  for 
the  President  of  the  United  States,  or  such  person  as  he  may  em- 
power for  that  purpose,  to  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States,  or  of  the  militia,  as  may  be  necessary  to 
aid  in  the  execution  of  judicial  process  issued  under  any  of  the  pre- 
ceding provisions,  or  as  shall  be  necessary  to  prevent  the  violation 

*  Paragraph  1449,  ante. 


544  MILITARY   LAWS   OF    THE   UNITED   STATES. 

and  enforce  the  due  execution  of  the  provisions  of  this  Title.1    Sec. 
1989,  R.  S. 

1455.  Peonage  abolished. — The  holding  of  any  person  to  service  or 
labor  under  the  system  known  as  peonage  is  abolished  and  forever 
prohibited  in  the  Territory  of  New  Mexico,  or  in  any  other  Terri- 
tory or  State  of  the  United  States;  and  all  acts,  laws,  resolutions, 
orders,  regulations,  or  usages  of  the  Territory  of  New  Mexico,  or  of 
any  other  Territory  or   State,  which  have  heretofore  established, 
maintained,  or  enforced,  or  by  virtue  of  which  any  attempt  shall 
hereafter  be  made  to  establish,  maintain,  or  enforce,  directly  or  indi- 
rectly, the  voluntary  or  involuntary  service  or  labor  of  any  persons 
as  peons,  in  liquidation  of  any  debt  or  obligation,  or  otherwise,  are 
declared  null  and  void.    Sec.  1990,  R.  S. 

1456.  Foregoing  section,  how  enforced. — Every  person  in  the  mili- 
tary or  civil  service  in  the  Territory  of  New  Mexico  shall  aid  in  the 
enforcement  of  the  preceding  section.2    Sec.  1991,  R.  S. 

THE    ELECTIVE   FRANCHISE. 

1457.  Presence  of  troops  at  election. — Every  officer  of  the  Army  or 
Navy,  or  other  person  in  the  civil,  military,  or  naval  service  of  the 
United  States,  who  orders,  brings,  keeps,  or  has  under  his  authority 
or  control  any  troops  or  armed  men  at  any  place  where  a  general  or 
special  election  is  held  in  any  State,  unless  such  force  be  necessary  to 
repel  armed  enemies  of  the  United  States,  shall  be  fined  not  more 
than  five  thousand  dollars  and  imprisoned  not  more  than  five  years. 
Sec.  22,  Act  of  Mar.  4, 1909,  Criminal  Code  (35  Stat.  1092). 

(This  paragraph  is  practically  identical  with  section  5528  of  the  Revised 
Statutes,  which  is  repealed.) 

1458.  Preventing  voting. — Every  officer  or  other  person  in  the 
military  or  naval  service  of  the  United  States  who,  by  force,  threat, 
intimidation,  order,  advice,  or  otherwise,  prevents,  or  attempts  to 
prevent,  any  qualified  voter  of  any  State  from  freely  exercising  the 
right  of  suffrage  at  any  general  or  special  election  in  such  State  shall 
be  fined  not  more  than  five  thousand  dollars  and  imprisoned  not  more 
than  five  years.    Sec.  23,  id. 

(This  paragraph  is  practically  identical  with  section  5529  of  the  Revised 
Statutes,  which  is  repealed.) 

1459.  Attempt  to  fix  qualification  of  electors. — Every  officer  of  the 
army  or  navy  who  prescribes  or  fixes,  or  attempts  to  prescribe  or  fix, 
whether  by  proclamation,  order,  or  otherwise,  the  qualifications  of 

1This  power  is  not  repealed  or  abridged  by  the  posse  comitatus  act  (act  of 
June  18,  1878,  20  Stat.  152).  (19  Opin.  Att.  Gen.,  570.) 

2  Whether  this  section  has  been  repealed  by  the  enabling  act  under  which 
New  Mexico  became  a  State  has  not  been  decided. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  545 

voters  at  any  election  in  any  State  shall  be  punished  as  provided  in 
the  preceding  section.    Sec.  24-)  id. 

(This  is  a  reenactment  of  section  5530  of  the  Revised  Statutes.  For  the 
preceding  section  referred  to  in  this  paragraph  see  paragraph  1458. 

1460.  Interference  with  an  officer  of  election. — Every  officer  or 
other  person  in  the  military  or  naval  service  of  the  United  States 
who,  by  force,  threat,  intimidation,  order,  or  otherwise,  compels,  or 
attempts  to  compel,  any  officer  holding  an  election  in  any  State  to 
receive  a  vote  from  a  person  not  legally  qualified  to  vote,  or  who 
imposes,  or  attempts  to  impose,  any  regulations  for  conducting  any 
general  or  special  election  in  a  State  different  from  those  prescribed 
by  law,  or  who  interferes  in  any  manner  with  any  officer  of  an  elec- 
tion in  the  discharge  of  his  duty,"  shall  be  punished  as  provided  in 
section  twenty-three.     Sec.  25,  id.,  1093. 

(This  paragraph  is  practically  identical  with  section  5531  of  the  Revised 
Statutes,  which  is  repealed.  For  section  23,  referred  to  in  this  paragraph,  see 
paragraph  1458.) 

1461.  Penalty. — Every  person  convicted  of  any  offense  defined  in 
the  four  preceding  sections  shall,  in  addition  to  the  punishment 
therein  prescribed,  be  disqualified  from  holding  any  office  of  honor, 
profit,  or  trust  under  the  United  States;  but  nothing  therein  shall 
be  construed  to  prevent  any  officer,  soldier,  sailor,  or  marine  from 
exercising  the  right  of  suffrage  in  any  election  district  to  which  he 
may  belong,  if  otherwise  qualified  according  to  the  laws  of  the  State 
in  which  he  offers  to  vote.    Sec.  26,  id. 

(This  paragraph  is  practically  identical  with  section  5532  of  the  Revised 
Statutes,  which  is  repealed.) 

QUARANTINE. 

1462.  State  health  laws  to  ~be  observed  by  United  States  officers, 
etc. — The  quarantines  and  other  restraints  established  by  the  health 
laws  of  any  State  respecting  any  vessels  arriving  in  or  bound  to  any 
port  or  district  thereof  shall  be  duly  observed  by  the  officers  of  the 
customs  revenue  of  the  United  States,  by  the  masters  and  crews  of 
the  several  revenue  cutters,  and  by  the  military  officers  commanding 
in  any  fort  or  station  upon  the  seacoast;  and  all  such  officers  of 
the  United  States  shall  faithfully  aid  in  the  execution  of  such  quar- 
antines and  health  laws  according  to  their  respective  powers  and 
within  their  respective  precincts,  and  as  they  shall  be  directed  from 
time  to  time  by  the  Secretary  of  the  Treasury.    But  nothing  in  this 
Title  shall  enable  any  State  to  collect  a  duty  of  tonnage  or  impost 
without  the  consent  of  Congress.1    Sec.  4.792,  R.  S. 

1  See  Gibbons  v.  Ogden,  9  Wh.,  1 ;  Passenger  Cases,  7  How.,  406. 
48985°— 15 35 


546  MILITAKY   LAWS   OF   THE   UNITED   STATES. 

1463.  National  quarantine. — The  Secretary  of  the  Treasury  shall 
have  the  control,  direction,  and  management  of  all  quarantine  sta- 
tions, grounds,  and  anchorages  established    by    authority    of    the 
United  States,  and  as  soon  as  practicable  after  the  approval  of  this 
Act  shall  select  and  designate  such  suitable  places  for  them  and 
establish  the  same  at  such  points  on  or  near  the  coast  line  of  the 
United  States  or  the  border  of  the  United  States  and  a  foreign 
country,  as  in  his  judgment  are  best  suited  for  the  same  and  neces- 
sary to  prevent  the  introduction  of  yellow  fever  into  the  United 
States,  and,  in  his  discretion,  he  may  also  establish  at  the  group  of 
islands  known  as  the  Dry  Tortugas,  at  the  western  end  of  the  Florida 
reef,  and  at  such  other  point  or  points  on  or  near  the  coast  line  of 
the  United  States  (not  to  exceed  four  in  the  aggregate)  as  he  deems 
necessary,  quarantine  grounds,  stations,  and  anchorages,  whereat  or 
whereto  infected  vessels  bound  for  any  port  in  the  United  States 
may  be  detained  or  sent  for  the  purpose  of  being  disinfected,  having 
their  cargoes  disinfected  and  discharged,  if  necessary,  and  their  sick 
treated  in  hospitals  until  all  danger  of  infection  or  contagion  from 
such  vessels,  their  cargoes,  passengers,  or  crews  has  been  removed. 
Sec.  1,  Act  of  June  19, 1906  ($£  Stat.  299). 

1464.  Same. — Any  vessel,  or  any  officer  of  any  vessel,  or  other 
person  other  than  State  health  or  quarantine  officers,  entering  within 
the  limits  of  any  quarantine  grounds  and  anchorages,  or  any  quar- 
antine station  and  anchorage,  or  departing  therefrom,  in  disregard 
of  the  quarantine  rules  and  regulations  or  without  the  permission  of 
the  officer  in  charge  of  such  quarantine  ground  and  anchorage,  or 
of  such  quarantine  station  and  anchorage,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  more  than  three  hundred  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  both,  in  the  discretion  of  the  court.    That 
any  master  or  owner  of  any  vessel  violating  any  provision  of  this 
Act,  or  any  provision  of  an  Act  entitled  "An  Act  granting  additional 
powers  and  imposing  additional  duties  on  the  Marine-Hospital  Serv- 
ice," approved  February  fifteenth,  eighteen  hundred   and  ninety- 
three,  or  violating  any  rule  or  regulation  made  in  accordance  with 
this  Act  or  said  Act  of  February  fifteenth,  eighteen  hundred  and 
ninety-three,  relating  to  the  inspection  of  vessels,  or  to  the  preven- 
tion of  the  introduction  of  contagious  or  infectious  diseases  into  the 
United  States,  or  any  master,  owner,  or  agent  of  any  vessel  making 
a  false  statement  relative  to  the  sanitary  condition  of  such  vessel  or 
its  contents,  or  as  to  the  health  of  any  passenger  or  person  thereon 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred  dollars  or 
imprisonment  for  not  more  than  one  year,  or  both,  in  the  discretion 
of  the  court.     Sec.  4,  id.,  300. 


MILITARY    LAWS   OF   THE   UNITED    STATES.  547 

1465.  Obstructing  the  mails. — Whoever  shall  knowingly  and  will- 
fully obstruct  or  retard  the  passage  of  the  mail,  or  any  carriage, 
horse,  driver,  or  carrier,  or  car,  steamboat,  or  other  conveyance  or 
vessel  carrying  the  same,  shall  be  fined  not  more  than  one  hundred 
dollars,  or  imprisoned  not  more  than  six  months,  or  both.1    Sec.  201, 
Act  of  Mar.  4, 1909,  Criminal  Code  (35  Stat.  1127). 

(This  paragraph  is  founded  on  section  3995  of  the  Revised  Statutes,  which  is 
repealed. ) 

1466.  Parades,  etc.,  to  have  right  of  way. — The  United  States  forces 
or  troops,  or  any  portion  of  the  militia,  parading,  or  performing  any 
duty  according  to  law,  shall  have  the  right  of  way  in  any  street  or 
highway  through  which  they  may  pass :  Provided,  That  the  carriage 
of  the  United  States  mails,  the  legitimate  functions  of  the  police, 
and  the  progress  and  operations  of  fire-engines  and  fire  departments 
shall  not  be  interfered  with  thereby.    Sec.  50,  Act  of  Feb.  18,  1909 
(35  Stat.  634). 

(As  the  above  appears  in  an  act  having  relation  to  the  National  Guard  of  the 
District  of  Columbia-  it  may  be  inferred  that  the  streets,  etc.,  mentioned  are 
those  of  the  said  District.) 

NEUTRALITY. 

1467.  Accepting  Commission. — Every  citizen  of  the  United  States 
who,  within  the  territory  or  jurisdiction  thereof,  accepts  and  exer- 
cises a  commission  to  serve  a  foreign  prince,  state,  colony,  district,  or 
people,  in  war,  by  land  or  by  sea,  against  any  prince,  state,  colony, 
district,  or  people,  with  whom  the  United  States  are  at  peace,  shall 
be  fined  not  more  than  two  thousand  dollars  and  imprisoned  not 
more  than  three  years.2    Sec.  9,  Act  of  Mar.  ^,  1909,  Criminal  Code 
(35  Stat.  1089). 

(This  paragraph  is  practically  identical  with  section  5281  of  the  Revised 
Statutes,  which  is  repealed.) 

1  The  entire  strength  of  the  nation  may  be  used  to  enforce,  in  any  part  of  the 
land,  the  full  and  free  exercise  of  all  national  powers  and  the  security  of  all 
rights   intrusted   by   the   Constitution   to   its   care.     The   strong   arm   of   the 
National  Government  may  be  put  forth  to  brush  away  all  obstructions  to  the 
freedom  of  interstate  commerce  or  the  transportation  of  the  mails.     If  the 
emergency  arise,  the  Army  of  the  nation  and  all  its  militia  are  at  the  service 
of  the  nation  to  compel  obedience  to  its  laws.     (In  re  Debs,  158  U.  S.,  564,  582; 
in  re  Neagle,  135  U.  S.,  1;  ex  parte  Siebold,  100  U.  S.,  371,  395;  U.  S.  v.  Kirby, 
7  Wall.,  482.     See  Winthrop,  Military  Law  and  Precedents,  p.  1355,  note  3.) 

2  The  neutrality  act  has  been  uniformly  treated,  by  the  Executive  Depart- 
ments and  by  judges  of  the  United  States  courts,  as  embracing  warlike  enter- 
prises set  on  foot  in  this  country  against  a  friendly  power  at  peace  with  all  the 
world.     (U.  S.  v.  Sullivan,  9  N.  Y.  Leg.  Obs.,  257.) 

Neutrality,  strictly  speaking,  consists  in  abstinence  from  any  participation 
in  a  public,  private,  or  civil  war,  and  in  impartiality  of  conduct  toward  both 
parties;  but  the  maintenance  unbroken  of  peaceful  relations  between  two 
powers  when  the  domestic  peace  of  one  of  them  is  disturbed  is  not  neutrality 
in  the  sense  in  which  the  word  is  used  when  the  disturbance  has  acquired  such 
head  as  to  have  demanded  the  recognition  of  belligerency;  and,  as  mere  matter 
of  municipal  administration,  no  nation  can  permit  unauthorized  acts  of  war 


548  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1468.  Enlistments. — Whoever,  within  the  territory  or  jurisdiction 
of  the  United  States,  enlists,  or  enters  himself,  or  hires  or  retains 
another  person  to  enlist  or  enter  himself,  or  to  go  beyond  the  limits 
or  jurisdiction  of  the  United  States  with  intent  to  be  enlisted  or 
entered  in  the  service  of  any  foreign  prince,  state,  colony,  district, 
or  people,  as  a  soldier,  or  as  a  marine  or  seaman,  on  board  of  any 
vessel  of  war,  letter  of  marque,  or  privateer,  shall  be  fined  not  more 
than  one  thousand  dollars  and  imprisoned  not  more  than  three 
years.1     Sec.  10,  id. 

(This  paragraph  is  founded  on  section  52C2  of  the  Revised  Statutes,  which  is 
repealed. ) 

1469.  Fitting  out  vessel. — Whoever,  within  the  territory  or  juris- 
diction of  the  United  States,  fits  out  arid  arms,  or  attempts  to  fit  out 
and  arm,  or  procures  to  be  fitted  out  and  armed,  or  knowingly  is 
concerned  in  the  furnishing,  fitting  out,  or  arming  of  any  vessel, 
with  intent  that  such  vessel  shall  be  employed  in  the  service  of  any 
foreign  prince  or  state,  or  of  any  colony,  district",  or  people,  to  cruise 
or  commit  hostilities  against  the  subjects,  citizens,  or  property  of 
any  foreign  prince  or  state,  or  of  any  colony,  district,  or  people,  with 
whom  the  United  States  are  at  peace,  or  whoever  issues  or  delivers 
a  commission  within  the  territory  or  jurisdiction  of  the  United  States 

within  its  territory  in  infraction  of  its  sovereignty,  while  good  faith  toward 
friendly  nations  requires  their  prevention.  (The  Three  Frends,  166  U.  S.,  1.) 

The  organization,  in  one  country  or  State,  of  combinations  to  aid  or  abet 
rebellion  in  another,  or  in  any  other  way  to  act  on  its  political  institutions,  is 
a  violation  of  national  amity  and  comity,  and  an  act  of  semihostile  interference 
with  the  affairs  of  other  peoples.  *  *  *  But  there  is  no  municipal  law  to 
forbid  and  punish  such  combinations,  either  in  the  United  States  or  Great 
Britain.  (VIII  Opin.  Att.  Gen.,  216.) 

The  policy  of  this  country  is,  and  ever  has  been,  a  perfect  neutrality  and  non- 
interference in  the  quarrels  of  other  nations.  (Ill  Opin.  Att.  Gen.,  739.) 

The  act  of  April  30,  1818,  like  that  of  June  5,  1794,  was  intended  to  secure, 
beyond  all  risk  of  violation,  the  neutrality  and  pacific  policy  which  they  con- 
secrate as  our  fundamental  law.  (Id.,  741.) 

In  the  absence  of  express  authority  from  Congress,  an  officer  of  the  Army 
can  not  accept  remuneration  from  a  foreign  power,  in  return  for  military  or 
other  public  service  rendered,  without  a  violation  of  Aticle  I,  section  9,  para- 
graph 7,  of  the  Constitution.  (See  U.  S.  v.  Landers,  2  Otto.,  79 ;  XIII  Opin.  Att. 
Gen.,  199.)  Nor  can  such  an  officer  (in  the  absence  of  such  authority)  properly 
be  granted  a  leave  of  absence  for  the  purpose  of  rendering  foreign  service, 
even  without  compensation,  since  such  a  proceeding  would  be  contrary  to  the 
spirit  and  intent  of  the  laws  relating  to  the  Army,  which  clearly  contemplate 
that  the  services  of  its  officers  shall  be  rendered  to  the  United  States.  (Dig. 
Opin.  J.  A.  G.,  79-1  C  3.) 

1  The  enlistment  of  seamen  or  others  for  marine  service  on  Mexican  steamers 
in  New  York,  they  not  being  Mexicans  transiently  within  the  United  States, 
is  a  clear  violation  of  this  section,  and  the  persons  enlisted,  as  well  as  the 
officers  enlisting  them,  are  liable  to  the  penalties  thereby  incurred.  (IV  Opin. 
Att.  Gen.,  336.) 

This  section  applies  to  foreign  consuls  raising  troops  in  the  United  States 
for  the  military  service  of  Great  Britain.  (VII  id.,  367.)  It  does  not  apply 
to  those  who  go  abroad  for  foreign  enlistment,  or  to  those  who  transport  such 
persons.  (U.  S.  v.  Kazinski,  2  Sprague,  7.)  The  enlistment  must  be  made 
within  the  territory  of  the  United  States,  and  the  section  does  not  apply  to  one 
who  goes  abroad  with  intent  there  to  enlist.  (Id.)  The  words  "soldier"  and 
"  enlist "  as  used  in  this  section  are  to  be  understood  in  their  technical  sense. 
(Id.;  U.  S.  v.  O'Brien,  75  Fed.  Rep.,  900.) 


MILITARY   LAWS   OF   THE   UNITED   STATES.  549 

for  any  vessel,  to  the  intent  that  she  may  be  so  employed,  shall  be 
fined  not  more  than  ten  thousand  dollars  and  imprisoned  not  more 
than  three  years.  And  every  such  vessel,  her  tackle,  apparel,  and 
furniture,  together  with  all  materials,  arms,  ammunition,  and  stores 
which  may  have  been  procured  for  the  building  and  equipment 
thereof,  shall  be  forfeited;  one  half  to  the  use  of  the  informer  and 
the  other  half  to  the  use  of  the  United  States.1  Sec.  11,  id.,  1090. 

(This  paragraph  is  founded  on  section  5283  of  the  Revised  Statutes,  which  is 
repealed. ) 

1  To  constitute  an  offense  under  this  section,  the  vessel  must  be  fitted  out  and 
armed  with  the  specific  intent.  (U.  S.  v.  Skinner,  1  Brun.  Coll.  Cases.)  It  is 
not  necessary  that  the  vessel  should  be  armed  or  manned  for  the  purpose  of 
committing  hostilities  before  she  leaves  the  United  States,  if  it  is  the  intention 
that  she  shall  be  so  fitted  subsequently  (-The  City  of  Mexico,  28  Fed.  Rep.,  148),  or 
if  the  separate  parts  of  the  expedition  are  to  be  united  on  the  high  seas.  (U.  S. 
v.  The  Mary  N.  Hogan,  18  Fed.  Rep.,  529,  and  20  id.,  50;  The  Carondelet,  37 
Fed.  Rep.,  799;  The  Lancaster,  85  id.,  760;  U.  S.  v.  Quincy,  6  Peters,  445.) 

The  status  of  the  insurgent  party  will  be  regarded  by  the  courts  as  it  is  re- 
garded by  the  political  or  executive  departments  of  the  United  States  at  the 
time  of  the  commission  of  the  alleged  offense.  (Gelston  v.  Hoyt,  3  Wheat.,  246, 
324 ;  U.  S.  v.  Palmer,  id.,  610,  625 ;  Kennett  v.  Chambers,  14  How.,  38 ;  Wharton, 
Int.  Law  Dig.,  sees.  551,  552  ;  U.  S.  v.  Trumbull,  48  Fed.  Rep.,  99,  104.)  The  word 
"  people,"  as  used  in  this  section,  is  "  one  of  the  denominations  applied  by  the 
act  of  Congress  to  a  foreign  power."  (U.  S.  v.  Quincy,  6  Pet,  445.) 

I  know  of  no  law  or  regulation  which  forbids  any  person,  or  government, 
whether  the  political  designation  be  real  or  assumed,  from  purchasing  arms 
from  the  citizens  of  the  United  States  and  shipping  them  at  the  risk  of  the 
purchaser.  (X  Opin.  Att  Gen.,  452.)  The  sending  of  munitions  of  war  from 
a  neutral  country  to  a  belligerent  port  for  sale,  as  articles  of  commerce,  is  un- 
lawful only  as  subjecting  such  property  to  capture.  (The  Santissima  Trinidad, 
7  Whent.,  283;  The  City  of  Mexico,  24  Fed.  Rep.,  924.)  It  is  the  right  of  a 
belligerent  to  purchase  goods  and  instruments  of  war  in  a  neutral  nation,  but 
it  may  be  denied  by  a  law  passed  for  such  purpose.  (X  Opin.  Att.  Gen.,  61.) 

The  provisions  of  this  section  do  not  apply  to  a  vessel  which  receives  arms 
and  munition  of  war  in  this  country,  as  cargo  merely,  with  intent  to  carry 
them  to  a  party  of  insurgents  in  a  foreign  country,  but  not  with  the  intent 
that  they  shall  constitute  any  part  of  the  fittings  or  furnishings  of  the  vessel 
herself.  (U.  S.  v.  The  Itata,  56  Fed.  Rep.,  508,  U.  S.  v.  2,000  Cases  of  Rifles,  id.) 
A  vessel  is  not  liable  to  forfeiture  under  this  section,  nor  is  she  liable  to  con- 
demnation as  piratical,  on  the  ground  that  she  is  in  the  employ  of  an  insurgent 
party  which  has  not  been  recognized  by  the  United  States  as  having  belligerent 
rights.  (U.  S.  v.  The  Itata,  56  Fed.  Rep.,  508;  U.  S.  v.  Weed,  5  Wall.,  62;  The 
Watchful,  6  Wall.,  91.) 

In  the  case  of  the  Horsa,  Wiborg  v.  U.  S.,  163  U.  S.,  632,  decided  on  appeal 
in  the  Supreme  Court  of  the  United  States  on  May  25,  1896,  it  was  held  "  that 
any  combination  of  men  organized  to  go  to  Cuba  to  make  war  upon  its  gov- 
ernment, provided  with  arms  and  ammunition,  constitutes  a  military  expedi- 
tion. It  is  not  necessary  that  the  men  shall  be  drilled,  put  in  uniform,  or 
prepared  for  efficient  service,  nor  that  they  shall  have  been  organized  as  or 
according  to  the  tactics  or  rules  which  relate  to  what  is  known  as  infantry, 
cavalry,  or  artillery.  It  is  sufficient  that  they  shall  have  combined  and  or- 
ganized here  to  go  there  and  make  war  on  a  foreign  government,  and  to  have 
provided  themselves  with  the  means  of  doing  so.  Whether  such  provision,  as 
by  arming,  etc.,  is  necessary  need  not  to  be  decided  in  this  case.  Nor  is  it  im- 
portant that  they  intended  to  make  war  as  an  independent  body  or  in  con- 
nection with  others.  Where  men  go  without  such  combination  and  organization 
to  enlist  as  individuals  in  a  foreign  army,  they  do  not  constitute  such  military 
expedition,  and  the  fact  that  the  vessel  carrying  them  might  carry  arms  as 
merchandise  would  not  be  important."  (See  also  The  Estrella,  4  Wh.,  298; 
The  Gran  Para,  7  Wh.,  471;  The  Santa  Maria,  7  Wh.,  490;  The  Monte  Allegre, 
7  Wh.,  520;  U.  S.  v.  Reyburn,  6  Pet,  352;  U.  S.  v.  Quincy,  6  Pet,  445;  Wiborg 
v.  U.  S.,  163,  U.  S.,  632) 


550  MILITABY   LAWS   OF    THE   UNITED   STATES. 

1470.  Augmenting  the  force  of  a  vessel. — Whoever,  within  the  ter- 
ritory or  jurisdiction  of  the  United  States,  increases  or  augments,  or 
procures  to  be  increased  or  augmented,  or  knowingly  is  concerned  in 
increasing  or  augmenting,  the  force  of  any  ship  of  war,  cruiser, 
or  other  armed  vessel  which,  at  the  time  of  her  arrival  within  the 
United  States,  was  a  ship  of  war,  or  cruiser,  or  armed  vessel,  in  the 
service  of  any  foreign  prince  or  state,  or  of  any  colony,  district  or  peo- 
ple, or  belonging  to  the  subjects  or  citizens  of  any  such  prince  or 
state,  colony,  district,  or  people,  the  same  being  at  war  with  any  for- 
eign prince  or  state,  or  of  any  colony,  district,  or  people,  with  whom 
the  United  States  are  at  peace,  by  adding  to  the  number  of  the  guns 
of  such  vessel,  or  by  changing  those  on  board  of  her  for  guns  of  a 
larger  caliber,  or  by  adding  thereto  any  equipment  solely  applicable 
to  war,  shall  be  fined  not  more  than  one  thousand  dollars  and  im- 
prisoned not  more  than  one  year.1    Sec.  12,  id. 

(This  paragraph  is  founded  on  section  5285  of  the  Revised  Statutes,  which  is 
repealed. ) 

1471.  Military   expedition   or   enterprise. — Whoever,   within   the 
territory  or  jurisdiction  of  the  United  States,  begins,  or  sets  on  foot, 
or  provides  or  prepares  the  means  for,  any  military  expedition  or 
enterprise,  to  be  carried  on  from  thence  against  the  territory  or  do- 
minions of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or 
people,  with  whom  the  United  States  are  at  peace,  shall  be  fined  not 
more  than  three  thousand  dollars  and  imprisoned  not  more  than  three 
years.2    Sec.  13,  id. 

(This  paragraph  is  founded  on  section  5286  of  the  Revised  Statutes,  which  is 
repe.iled.) 

1472.  Use  of  the  military  force. — The  district  courts  shall  take 
cognizance  of  all  complaints,  by  whomsoever  instituted,  in  cases  of 
captures  made  within  the  waters  of  the  United  States,  or  within  a 
marine  league  of  the  coasts  or  shores  thereof.    In  every  case  in  which 
a  vessel  is  fitted  out  and  armed,  or  attempted  to  be  fitted  out  and 
armed,  or  in  which  the  force  of  any  vessel  of  war,  cruiser,  or  other 

1  The  repair  of  Mexican  war  steamers  in  the  port  of  New  York,  together  with 
the  augmenting  their  force  by  adding  to  the  number  of  their  guns,  or  by  chang- 
ing those  originally  on  board  for  those  of  larger  caliber,  or  by  the  addition  of 
any  equipment  solely  applicable  to  war,  is  a  violation  of  this  section.     But  the 
repair  of  their  bottoms  or  copper,  etc.,  does  not  constitute  any  increase  or  aug- 
mentation of  force  within  the  meaning  of  the  act,  and  the  steamers  are  not 
liable  to  seizure  by  any  judicial  process  under  it.     (IV  Opin.  Att.  Gen.,  336.) 

The  taking  on  of  a  crew  of  American  citizens,  or  of  aliens  domiciled  in  the 
United  States  would  constitute  a  violation  of  this  section.  (The  Alerta,  9 
Cranch,  359.) 

2  When  a  party  of  insurgents,  already  organized  and  carrying  on  war  against 
the  government  of  a  foreign  country,  send  a  vessel  to  procure  arms  and  ammuni- 
tion in  the  United  States,  the  act  of  purchasing  such  arms  and  ammunition 
and  placing  them  aboard  the  vessel  is  not  within  the  scope  of  this  section, 
which  prescribes  a  penalty  for  every  person  who,  within  the  limits  of  the  United 
States,  begins  or  sets  on  foot,  or  prepares  or  provides  the  means  for  any  military 
expedition  or  enterprise  "  to  be  carried  on  from  thence."    Such  expeditions  and 
enterprises  must  originate  within  the  jurisdiction  of  the  United  States,  and  the 


MILITARY   LAWS   OF   THE    UNITED   STATES.  551 

armed  vessel  is  increased  or  augmented,  or  in  which  any  military  ex- 
pedition or  enterprise  is  begun  or  set  on  foot,  contrary  to  the  pro- 
visions and  prohibitions  of  this  chapter ;  and  in  every  case  of  the  cap- 
ture of  a  vessel  within  the  jurisdiction  or  protection  of  the  United 
States  as  before  defined;  and  in  every  case  in  which  any  process  is- 
suing out  of  any  court  of  the  United  States  is  disobeyed  or  resisted 
by  any  person  having  the  custody  of  any  vessel  of  war,  cruiser,  or 
other  armed  vessel  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  or  of  any  subjects  or  citizens  of  any  foreign  prince 
or  state,  or  of  any  colony,  district,  or  people,  it  shall  be  lawful  for 
the  President,  or  such  other  person  as  he  shall  have  empowered 
for  that  purpose,  to  employ  such  part  of  the  land  or  naval  forces 
of  the  United  States,  or  of  the  militia  thereof,  for  the  purpose  of 
taking  possession  of  and  detaining  any  such  vessel,  with  her  prizes, 
if  any,  in  order  to  enforce  the  execution  of  the  prohibitions  and  pen- 
alties of  this  chapter,  and  the  restoring  of  such  prizes  in  the  cases 
in  which  restoration  shall  be  adjudged;  and  also  for  the  purpose  of 
preventing  the  carrying  on  of  any  such  expedition  or  enterprise 
from  the  territory  or  jurisdiction  of  the  United  States  against  the 
territory  or  dominion  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people  with  whom  the  United  States  are  at  peace.1  Sec. 
14,  id. 

(This  paragraph  is  the  same  as  section  5287  of  the  Revised  Statutes,  as 
amended  by  the  act  of  February  18,  1875  (18  Stat  320),  which  is  repealed.) 

1473.  Same. — It  shall  be  lawful  for  the  President,  or  such  person 
as  he  shall  empower  for  that  purpose,  to  employ  such  part  of  the 
land  or  naval  forces  of  the  United  States,  or  of  the  militia  thereof,  as 
shall  be  necessary  to  compel  any  foreign  vessel  to  depart  the  United 
States  in  all  cases  in  which,  by  the  laws  of  nations  or  the  treaties  of 
the  United  States,  she  ought  not  to  remain  within  the  United  States. 
Sec.  15,  id.,  1091. 

(This  paragraph  is  founded  on  section  5288  of  the  Revised  Statutes,  which  is 
repealed. ) 

terms  of  the  statute  do  not  apply  to  an  expedition  originating  within  the  terri- 
tory of  a  foreign  state.  (U.  S.  v.  Trumbull,  48  Fed.  Rep.,  99.  For  liability  of 
the  officers  of  the  ship,  see  U.  S.  v.  Rand,  17  id.,  142.  See,  also,  Wiborg  v. 
U.  S.,  163  U.  S.,  632 ;  U.  S.  v.  Ybanez,  53  Fed.  Rep.,  536 ;  U.  S.  v.  Pena,  69  id., 
983 ;  U.  S.  v.  Hughes,  70  id.,  972 ;  U.  S.  v.  Hart,  74  id.,  724 ;  U.  S.  v.  Nunez,  82 
id.,  599;  U.  S.  v.  Murphy,  84  id.,  609.  Dig.  J  A.  G.,*p.  105,  la.) 

The  transportation  of  goods  for  commercial  purposes  only,  and  the  carriage 
of  persons  separately,  though  their  individual  design  may  be  to  enlist  in  a  for- 
eign strife,  are  not  prohibited  by  our  law,  if  the  transportation  is  without  any 
features  of  a  military  character.  Indications  of  a  military  operation  or  of  a 
military  expedition  are  concert  and  unity  of  action,  organization  of  men  to  act 
together,  the  presence  of  weapons,  and  some  form  of  command  or  leadership. 
When  these  exist  and  are  known  to  the  persons  engaged  in  the  transportation, 
all  who  knowingly  aid  in  such  transportation  for  military  purposes  are  liable 
under  section  5286  of  the  Revised  Statutes.  U.  S.  v.  Nunez  et  al.,  82  Fed.  Rep., 
599.) 

1  Ex  parte  Orozco,  210  Fed.  Rep.,  106 ;  United  States  v.  Chavez,  199  Fed.  Rep., 
518:  228  U.  S.,  525. 


552  MILITAKY   LAWS   OF    THE   UNITED   STATES. 

1474.  Citizens  of  a  foreign  State. — The  provisions  of  this  chapter 
shall  not  be  construed  to  extend  to  any  subject  or  citizen  of  any  for- 
eign prince,  state,  colony,  district,  or  people  who  is  transiently  within 
the  United  States  and  enlists  or  enters  himself  on  board  of  any  vessel 
of  war:  letter  of  marque,  or  privateer,  which  at  the  time  of  its  arrival 
within  the  United  States  was  fitted  and  equipped  as  such,  or  hires 
or  retains  another  subject  or  citizen  of  the  same  foreign  prince,  state, 
colony,  district,  or  people  who  is  transiently  within  the  United  States 
to  enlist  or  enter  himself  to  serve  such  foreign  prince,  state,  colony, 
district,  or  people  on  board  such  vessel  of  war,  letter  of  marque,  or 
privateer,  if  the  United  States  shall  then  be  at  peace  with  such  for- 
eign prince,  state,  colony,  district,  or  people.     Nor  shall  they  be  con- 
strued to  prevent  the  prosecution  or  .punishment  of  treason,  or  of 
any  piracy  defined  by  the  laws  of  the  United  States.     Sec.  18,  id. 

(This  paragraph  is  founded  on  section  5291  of  the  Revised  Statutes,  which  is 
repealed.) 

1475.  President  empowered  to  issue  proclamation. — That  the  joint 
resolution  to  prohibit  the  export  of  coal  or  other  material  used  in 
war  from  any  seaport  of  the  United  States,  approved  April  twenty- 
second,    eighteen    hundred    and    ninety-eight,    be,    and    hereby  is, 
amended  to  read  as  follows: 

That  whenever  the  President  shall  find  that  in  any  American  coun- 
try conditions  of  domestic  violence  exist  which  are  promoted  by  the 
use  of  arms  or  munitions  of  war  procured  from  the  United  States, 
and  shall  make  proclamation  thereof,  it  shall  be  unlawful  to  export 
except  under  such  limitations  and  exceptions  as  the  President  shall 
prescribe  any  arms  or  munitions  of  war  from  any  place  in  the  United 
States  to  such  country  until  otherwise  ordered  by  the  President  or  of 
Congress. 

SEC.  2.  That  any  shipment  of  material  hereby  declared  unlawful 
after  such  a  proclamation  shall  be  punishable  by  fine  not  exceeding 
ten  thousand  dollars,  or  imprisonment  not  exceeding  two  years,  or 
both.  Joint  Resolution  No.  10  of  March  H,  191<2  (37  Stat.  630)* 

1  Under  this  authority  the  President  issued  the  following  proclamation : 

Whereas,  a  joint  resolution  of  Congress,  approved  March  14,  1912,  reads  and 
provides  as  follows :  "  That  whenever  the  President  shall  find  that  in  any 
American  country  conditions  of  domestic  violence  which  are  promoted  by  the 
use  of  arms  or  munitions  of  war  procured  from  the  United  States,  and  shall 
make  proclamation  thereof,  it  shall  be  unlawful  to  export  except  under  such 
limitations  and  exceptions  as  the  President  shall  prescribe  any  arms  or  muni- 
tions of  war  from  any  place  in  the  United  States  to  such  country  until  otherwise 
ordered  by  the  President  or  by  Congress." 

And  whereas,  it  is  provided  by  section  2  of  the  said  joint  resolution,  "  That 
any  shipment  of  material  hereby  declared  unlawful  after  such  a  proclamation 
shall  be  punishable  by  fine  not  exceeding  $10,000,  or  imprisonment  not  exceeding 
two  years  or  both  "  : 

Now,  therefore,  I,  William  lioward  Taft,  President  of  the  United  States  of 
America,  acting  under  and  by  virtue  of  the  authority  conferred  in  me  by  the 
said  joint  resolution  of  Congress,  do  hereby  declare  and  proclaim  that  I  have 


MILITARY   LAWS   OF   THE   UNITED   STATES.  553 

1476.  Extradition. — Whenever  any  person  is  delivered  by  any  for- 
eign government  to  an  agent  of  the  United  States,  for  the  purpose 
of  being  brought  within  the  United  States  and  tried  for  any  crime 
of  which  he  is  duly  accused,  the  President  shall  have  power  to  take 
all  necessary  measures  for  the  transportation  and  safe-keeping  of 
such  accused  person,  and  for  his  security  against  lawless  violence, 
until  the  final  conclusion  of  his  trial  for  the  crimes  or  offenses 
specified  in  the  warrant  of  extradition,  and  until  his  final  discharge 
from  custody  or  imprisonment  for  or  on  account  of  such  crimes  or 
offenses,  and  for  a  reasonable  time  thereafter,  and  may  employ  such 
portion  of  the  land  or  naval  forces  of  the  United  States,  or  of  the 
militia  thereof,  as  may  be  necessary  for  the  safe-keeping  and  protec- 
tion of  the  accused.1    Sec.  5275,  RrS. 

1477.  Alaska. — An  act  entitled  "An  act  to  define  and  punish  crimes 
in  the  District  of  Alaska,  and  to  provide  a  code  of  criminal  pro- 
cedure for  the  District,"  approved  March  third,  eighteen  hundred 
and  ninety-nine,  be,  and  is,  amended,  by  adding  to  section  three  hun- 
dred and  sixty-three  thereof  the  following :  "  Provided,  [That]  sec- 
tion fifteen  [forbidding  use  of  Army  as  posse  comitatus]  of  an  act 
entitled  'An  act  making  appropriations  for  the  support  of  the  Army 
for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
seventy-nine,  and  for  other  purposes,'  approved  June  eighteenth, 
eighteen  hundred  and  seventy-eight,  shall  not  be  construed  to  apply 
to  the  District  of  Alaska."    Sec.  W,  Act  of  June  6,  1900  (31  Stat. 


found  that  there  exist  in  Mexico  such  conditions  of  domestic  violence  promoted 
by  the  use  of  arms  or  munitions  of  war  procured  from  the  United  States  as 
contemplated  by  the  said  joint  resolution;  and  I  do  hereby  admonish  all  citizens 
of  the  United  States  and  every  person  to  abstain  from  every  violation  of  the 
provisions  of  the  joint  resolution  above  set  forth,  hereby  made  applicable  to 
Mexico,  and  I  do  hereby  warn  them  that  all  violations  of  such  provisions  will 
be  rigorously  prosecuted.  And  I  do  hereby  enjoin  upon  all  officers  of  the 
United  States,  charged  with  the  execution  of  the  laws  thereof,  the  utmost  dili- 
gence in  preventing  violations  of  the  said  joint  resolution  and  this  my  procla- 
mation issued  thereunder,  and  in  bringing  to  trial  and  punishment  any  offenders 
against  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed. 

The  President  signed  this  proclamation  March  14,  1912,  and  it  was  published 
April  12,  1912. 

A  proclamation  by  the  President  dated  February  3,  1914  (38  Stat.  — ),  re- 
voked the  prohibition  against  the  exportation  of  arms,  etc. ;  and,  omitting  the 
preamble,  was  in  the  following  form : 

"Now,  therefore,  I,  Woodrow  Wilson,  President  of  the  United  States  of 
America,  hereby  declare  and  proclaim  that,  as  the  conditions  on  which  the 
proclamation  of  March  14,  1912,  was  based  have  essentially  changed,  and  as  it 
is  desirable  to  place  the  United  States  with  reference  to  the  exportation  of 
arms  or  munitions  of  war  to  Mexico  in  the  same  position  as  other  powers,  the 
said  proclamation  is  hereby  revoked." 

United  States  v.  Chavez,  199  Fed.  Rep.,  518 ;  reversed,  228  U.  S.,  525. 

1  For  the  general  laws  relating  to  extradition  see  sections  5270  to  5280,  in- 
clusive, Revised  Statutes.  As  to  a  country  under  our  military  control  see  ncf 
of  June  6,  1900  (31  Stat.  656)  ;  and  as  to  the  Philippine  Islands  see  act  of 
February  9,  1903  (32  Stat.  806),  and  act  of  February  6,  1905  (33  Stat.  698). 


554  MILITAKY   LAWS   OF   THE   UNITED   STATES. 

1478.  Enforcement  of  law  in  the  Hawaiian  Islands. — That  the 
governor  shall  be  responsible  for  the  faithful  execution  of  the  laws 
of  the  United  States  and  of  the  Territory  of  Hawaii  within  the  said 
Territory,  and  whenever  it  becomes  necessary  he  may  call  upon  the 
commanders  of  the  military  and  naval  forces  of  the  United  States  in 
the  Territory  of  Hawaii,  or  summon  the  posse  comitatus,  or  call  out 
the  militia  of  the  Territory  to  prevent  or  suppress  lawless  violence, 
invasion,  insurrection,  or  rebellion  in  said  Territory,  and  he  may,  in 
case  of  rebellion  or  invasion,  or  imminent  danger  thereof,  when  the 
public  safety  requires  it,  suspend  the  privilege  of  the  writ  of  habeas 
corpus,  or  place  the  Territory,  or  any  part  thereof,  undei1  martial 
law  until  communication  can  be  had  with  the  President  and  his  de- 
cision thereon  made  known.    &t,c.  67,  Act  cf  Apr.  30,  19aO  (31  Stat. 
153). 

1479.  Employment  of  land  and  naval  forces. — The  President  is 
authorized,  at  his  discretion,  to  employ  the  land  and  naval  forces 
of  the  United  States  to  protect  the  rights  of  the  discoverer  or  his 
widow,  heir,  executor,  administrator,  or  assigns.    Sec.  5577,  R.  S. 

(This  has  reference  to  guano  islands.  For  general  legislation  covering  the 
subject  of  guano  islands  see  sections  5570  to  5578,  Revised  Statutes  and  the  act 
of  March  15,  1878  (20  Stat.  30),  and  the  act  of  April  14,  1884  (23  Stat.  11).) 

1480.  Restriction  upon  the  use  of  military  force. — From  and  after 
the  passage  of  this  act  it  shall  not  be  lawful  to  employ  any  part  of 
the  Army  of  the  United  States,  as  a  posse  comitatus,  or  otherwise, 
for  the  purpose  of  executing  the  laws,  except  in  such  cases  and  under 
such  circumstances  as  such  employment  of  said  force  may  be  expressly 
authorized x  by  the  Constitution  or  by  act  of  Congress ;  and  no  money 
appropriated  by  this  act  shall  be  used  to  pay  any  of  the  expenses 
incurred  in  the  employment  of  any  troops  in  violation  of  this  section 
and  any  person  wilfully  violating  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall 
be  punished  by  fine  not  exceeding  ten  thousand  dollars  or  imprison- 
ment not  exceeding  two  years  or  by  both  such  line  and  imprison- 
ment.2   Sec.  15,  Act  of  June  18, 1878  (W  Stat.  152) . 

*As  to  cases  where  this  authorization  has  been  expressed  see  preceding 
paragraphs  of  this  chapter;  also  article  49,  Army  Regulations,  1913. 

2  See  Dig.  Op.  J.  A.  G.,  pp.  101-103;  Winthrop  Military  Law  and  Precedents, 
pp.  1352-1356. 


CHAPTER  XXXV. 


PENSION  LAWS. 


Par. 

Pension  laws 1481-1495 

Pensions  for  disabilities 1481 

Same — classes  of  beneficiaries . .  1482 

Wounds  or  disease ;  line  of  duty .  1483 

Rates  of  pensions 1484 

Pension  according  to  rank 1485- 

Permanent  specific  disabilities.  1486 

Loss  of  one  hand  and  one  foot. .  1487 

Loss  of  arm  or  leg 1488 

Loss  of  hand  or  foot,  etc 1489 

Incapacity   requiring   constant 

attendance !  v 1490 

Same — requiring    frequent    at- 
tendance    1491 

Division  of  $18  rate ...                .  1492 


Par. 


Pension  laws — Continued. 

Not  allowed  while  in  Army  or 

Navy 1493 

•     Absentees 1494 

Period  of  service 1495 

Widows,   children,  and   dependent 

relatives 1496-1501 

Widows  or  children 1496 

Addition  foreachchild  under  16.  1497 

Increase  of  pensions 1498 

Restriction  as  to  time  of  mar- 
riage   1499 

Dependent  relatives 1500 

Remarriage   of   widow,  or   de- 
pendent mother  or  sister 1501 


PENSION  LAWS.1 

1481.  Pensions  for  disabilities. — Every  person  specified  in  the  sev- 
eral classes  enumerated  in  the  following  section,  who  has  been,  since 
the  fourth  day  of  March,  eighteen  hundred  and  sixty-one,  or  who  is 
hereafter  disabled  under  the  conditions  therein  stated,  shall,  upon 
making  due  proof  of  the  fact,  according  to  such  forms  and  regula- 
tions as  are  or  may  be  provided  in  pursuance  of  law,  be  placed  on 
the  list  of  invalid  pensioners  of  the  United  States,  and  be  entitled  to 
receive,  for  a  total  disability,  or  a  permanent  specific  disability,  such 
pension  as  is  hereinafter  provided  in  such  cases;. and  for  an  inferior 
disability,  except  in  cases  of  permanent  specific  disability,  for  which 
the  rate  of  pension  is  expressly  provided,  an  amount  proportionate 
to  that  provided  for  total  disability;  and  such  pension  shall  com- 
mence as  hereinafter  provided,  and  continue  during  the  existence  of 
the  disability.2  Sec.  4692,  R.  S. 

1This  chapter  is  not  intended  to  give  a  full  statement  of  the  pension  laws, 
but  only  so  much  thereof  as  will  show  the  general  policy  of  the  Government  in 
regard  to  pensions  and  furnish  the  information  necessary  to  enable  officers  to 
answer  the  questions  likely  to  arise  in  the  service.  For  a  full  statement  of  the 
law  on  the  subject,  reference  is  made  to  the  publication  of  the  Pension  Bureau, 
"  Laws  of  the  United  States  governing  the  granting  of  Army  and  Navy  pensions 
and  bounty  lands,"  etc. 

'The  act  of  March  3,  1885  (23  Stat.  362),  contains  the  requirements  that  "all 
applicants  for  pension  shall  be  presumed  to  have  had  no  disability  at  the  time 
of  enlistment,  but  such  presumption  may  be  rebutted." 

555 


556  MILITARY   LAWS   OF    THE   UNITED   STATES. 

1482.  Same — Classes    of   beneficiaries. — The   persons   entitled    as 
beneficiaries  under  the  preceding  section  are  as  follows : 

First.  Any  officer  of  the  Army,  including  regulars,  volunteers, 
and  militia,  or  any  officer  in  the  Navy  or  Marine  Corps,  or  any  en- 
listed man,  however  employed,  in  the  military  or  naval  service  of 
the  United  States,  or  in  its  Marine  Corps,  whether  regularly  mus- 
tered or  not,  disabled  by  reason  of  any  wound  or  injury  received, 
or  disease  contracted,  while  in  the  service  of  the  United  States  and 
in  the  line  of  duty. 

Second.  Any  master  serving  on  a  gunboat,  or  any  pilot,  engineer, 
sailor,  or  other  person  not  regularly  mustered,  serving  upon  any 
gunboat  or  war  vessel  of  the  United  States,  disabled  by  any  wound 
or  injury  received,  or  otherwise  incapacitated  while  in  the  line  of 
duty,  for  procuring  his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  Army,  serving 
for  the  time  being  as  a  member  of  the  militia  of  any  State,  under 
orders  of  an  officer  of  the  United  States,  or  who  volunteered  for 
the  time  being  to  serve  with  any  regularly  organized  military  or 
naval  force  of  the  United  States,  or  who  otherwise  volunteered  and 
rendered  service  in  any  engagement  with  rebels  or  Indians,  disabled 
in  consequence  of  wounds  or  injury  received  in  the  line  of  duty  in 
such  temporary  service.  But  no  claim  of  a  State  militiaman,  or  non- 
enlisted  person,  on  account  of  disablity  from  wounds,  or  injury 
received  in  battle  with  rebels  or  Indians,  while  temporarily  render- 
ing service,  shall  be  valid  unless  prosecuted  to  a  successful  issue 
prior  to  the  fourth  day  of  July,  eighteen  hundred  and  seventy-four. 

Fourth.  Any  acting  assistant  or  contract  surgeon  disabled  by  any 
wound  or  injury  received  or  disease  contracted  in  the  line  of  duty 
while  actually  performing  the  duties  of  assistant  surgeon  or  acting 
assistant  surgeon  with  any  military  force  hi  the  field,  or  in  transitu, 
or  in  hospital. 

Fifth.  Any  provost-marshal,  deputy  provost-marshal,  or  enrolling 
officer  disabled,  by  reason  of  any  wound  or  injury  received  in  the 
discharge  of  his  duty,  to  procure  a  subsistence  by  manual  labor. 
Sec.  ^693,  R.  S. 

1483.  Wounds  or  disease;  line  of  duty. — No  person  shall  be  entitled 
to  a  pension  by  reason  of  wounds  or  injury  received  or  disease  con- 
tracted in  the  service  of  the  United  States  subsequent  to  the  twenty- 
seventh  day  of  July,  eighteen  hundred  and  sixty-eight,  unless  the 
person  who  was  wounded,  or  injured,  or  contracted  the  disease  was 
in  the  line  of  duty,  and,  if  in  the  military  service,  was  at  the  time 
actually  in  the.  field,  or  on  the  march,  or  at  some  post,  fort,  or  garri- 
son, or  en  route,  by  direction  of  competent  authority,  to  some  post, 
fort,  or  garrison;  or,  if  in  the  naval  service,  was  at  the  time  borne 
on  the  books  of  some  ship  or  other  vessel  of  the  United  States,  at 


MILITARY   LAWS   OF   THE   UNITED   STATES.  557 

sea  or  in  harbor,  actually  in  commission,  or  was  at  some  naval  sta- 
tion, or  on  his  way,  by  direction  of  competent  authority,  to  the 
United  States  or  to  some  other  vessel  or  naval  station  or  hospital. 
Sec.  4694,  R.  S. 

1484.  Rates  of  pensions. — The  pension  for  total  disability  shall  be 
as  follows,  namely:  For  lieutenant-colonel  and  all  officers  of  higher 
rank  in  the  military  service  and  in  the  Marine  Corps,  and  for  captain, 
and  all  officers  of  higher  rank,  commander,  surgeon,  paymaster,  and 
chief  engineer,  respectively  ranking  with  commander  by  law,  lieuten- 
ant commanding  and  master  commanding,   in  the   naval   service, 
thirty  dollars  per  month;  for  major  in  the  military  service  and  in 
the  Marine  Corps,  and  lieutenant,  surgeon,  paymaster,  and  chief 
engineer,  respectively  ranking  with  lieutenant  by  law,  and  passed 
assistant  surgeon  in  the  naval  service,  twenty-five  dollars  per  month ; 
for  captain  in  the  military  service  and  in  the  Marine  Corps,  chaplain 
in  the  Army,  and  provost-marshal,  professor  of  mathematics,  master, 
assistant  surgeon,  assistant  paymaster,  and  chaplain  in  the  naval 
service,  twenty  dollars  per  month;  for  first  lieutenant  in  the  military 
service  and  in  the  Marine  Corps,  acting  assistant  or  contract  sur- 
geon, and  deputy  provost-marshal,  seventeen  dollars  per  month;  for 
second  lieutenant  in  the  military  service  and  in  the  Marine  Corps, 
first  assistant  engineer,  ensign,  and  pilot  in  the  naval  service,  and 
enrolling  officer,  fifteen  dollars  per  month;  for  cadet  midshipman, 
passed  midshipman,  midshipmen,  clerks  of  admirals  and  paymasters 
and  of  other  officer  commanding  vessels,  second  and  third  assistant 
engineers,  master's  mate,  and  all  warrant  officers  in  the  naval  service, 
ten  dollars  per  month ;  and  for  all  other  persons  whose  rank  or  office 
is  not  mentioned  in  this  section,  eight  dollars  per  month;  and  the 
masters,  pilots,  engineers,  sailors,  and  crews  upon  the  gunboats  and 
war  vessels  shall  be  entitled  to  receive  the  pension  allowed  herein 
to  those  of  like  rank  in  the  naval  service.1    Sec.  4695,  R.  S. 

1485.  Pension  according  to  rank. — Every  commissioned  officer  of 
the  Army,  Navy,  or  Marine  Corps  shall  receive  such  and  only  such 
pension  as  is  provided  in  the  preceding  section  for  the  rank  he  held 
at  the  time  he  received  the  injury  or  contracted  the  disease  which 
resulted  in  the  disability,  on  account  of  which  he  may  be  entitled  to 
a  pension;  and  any  commission  or  Presidential  appointment,  regu- 
larly issued  to  such  person,  shall  be  taken  to  determine  his  rank 
from  and  after  the  date,  as  given  in  the  body  of  the  commission  or 
appointment  conferring  said  rank :  Provided,  That  a  vacancy  existed 
in  the  rank  thereby  conferred;  that  the  person  commissioned  was 
not  disabled  for  military  duty,  and  that  he  did  not  willfully  neglect 
or  refuse  to  be  mustered.    Sec.  4696,  R.  S. 

*By  section  4692,  Rev.  Stat.   (paragraph  1481,  ante),  an  inferior  disability 
shall  be  rated  in  proportion  to  that  for  total  disability. 


558  MILITARY   LAWS   OF   THE   UNITED   STATES. 

1486.  Permanent  specific  disabilities. — From  and  after  June  fourth, 
eighteen  hundred  and  seventy-two,  all  persons  entitled  by  law  to  a 
less  pension  than  hereinafter  specified,  who,  while  in  the  military  or 
naval  service  of  the  United  States,  and  in  line  of  duty,  shall  have  lost 
the  sight  of  both  eyes,  or  shall  have  lost  the  sight  of  one  eye,  the  sight 
of  the  other  having  been  previously  lost,  or  shall  have  lost  both  hands, 
or  shall  have  lost  both  feet,  or  been  permanently  and  totally  disabled 
in  the  same,  or  otherwise  so  permanently  and  totally  disabled  as  to 
render  them  utterly  helpless,  or  so  nearly  so  as  to  require  the  regular 
personal  aid  and  attendance  of  another  person,  shall  be  entitled  to  a 
pension  of  thirty-one  dollars  and  twenty-five  cents  per  month ; x  and 
all  persons  who,  under  like  circumstances,  shall  have  lost  one  hand 
and  one  foot,  or  been  totally  and  permanently  disabled  in  the  same, 
or  otherwise  so  disabled  as  to  be  incapacitated  for  performing  any 
manual  labor,  but  not  so  much  as  to  require  regular  personal  aid  and 
attendance,  shall  be  entitled  to  a  pension  of  twenty-four  dollars  per 
month ;  and  all  persons  who,  under  like  circumstances,  shall  have  lost 
one  hand,  or  one  foot,  or  been  totally  and  permanently  disabled  in 
the  same,  or  otherwise  so  disabled  as  to  render  their  incapacity  to  per- 
form manual  labor  equivalent  to  the  loss  of  a  hand  or  foot,  shall  be 
entitled  to  a  pension  of  eighteen  dollars  per  month : 2  Provided,  That 
all  persons  who,  under  like  circumstances,  have  lost  a  leg  above  the 
knee,  and  in  consequence  thereof  are  so  disabled  that  they  can  not  use 
artificial  limbs,  shall  be  rated  in  the  second  class  and  receive  twenty- 
four  dollars  per  month  from  and  after  June  fourth,  eighteen  hundred 
and  seventy-two ; 3  and  all  persons  who,  under  like  circumstances, 
shall  have  lost  the  hearing  of  both  ears,  shall  be  entitled  to  a  pension 
of  thirteen  dollars  per  month  from  the  same  date :  *  Provided,  That 
the  pension  for  a  disability  therein  mentioned  to  be  proportionately 
divided  for  any  degree  of  disability  established  for  which  section 
forty-six  hundred  and  ninety-five  makes  no  provision.  Sec.  4698  R.  S. 

Increased  to  fifty  dollars  by  the  act  of  June  18,  1874  (18  Stat  78),  and  to 
seventy-two  dollars  by  the  act  of  June  17,  1878  (20  id.,  144),  and  June  16,  1880 
(21  id.,  281),  and  to  one  hundred  dollars  in  certain  cases  (loss  of  both  hands) 
by  the  act  of  February  12,  1889  (25  id.,  659).  By  act  of  March  3,  1879  (20  Stat. 
484),  the  provision  is  made  to  embrace  those  "who  have  become  totally  blind 
from  causes  occurring  in  the  service";  and  by  act  of  April  8,  1904  (33  Stat. 
163),  the  rate  for  loss  of  both  eyes  or  total  blindness  "from  causes  occurring 
in  the  service  "  is  fixed  at  one  hundred  dollars  per  month. 

8  Increased  by  the  act  of  February  28,  1877  (19  Stat.  264),  and  to  twenty-four 
and  thirty  dollars  per  month  by  the  act  of  March  3,  1883  (22  id.,  453),  and  to 
thirty-six  and  forty-five  dollars  per  month  by  the  act  of  August  4,  1886  (24  id., 
220),  paragraphs  1487,  1488,  and  1489,  post. 

8  By  act  of  March  3,  1879  (20  Stat.  483)  the  pension  authorized  "for  amputa- 
tion of  either  leg  at  the  hip  joint "  is  thirty-seven  dollars  and  fifty  cents  per 
month. 

Increased  to  thirty  dollars  by  the  act  of  August  27,  1888  (25  Stat.  449), 
which  act  further  authorized  "  such  proportion  thereof  in  cases  of  partial  deaf- 
ness as  the  Secretary  of  the  Interior  may  deem  equitable ;  the  amount  paid  to  be 
determined  by  the  degree  of  disability  existing  in  each  case," 


MILITARY   LAWS   OF   THE   UNITED   STATES.  559 

1487.  Loss  of  one  hand  and  one  foot. — All  persons  who,  while  in 
the  military  or  naval  service  of  the  United  States,  and  in  the  line  of 
duty,  shall  have  lost  one  hand  and  one  foot,  or  been  totally  and  per- 
manently disabled  in  both,  shall  be  entitled  to  a  pensibn  for  each  of 
such  disabilities,  and  at  such  a  rate  as  is  provided  for  by  the  pro- 
visions of  the  existing  laws  for  each  disability:  Provided,  That  this 
act  shall  not  be  so  construed  as  to  reduce  pensions  in  any  case.    Act  of 
Feb.  28, 1877  (19  Stat.  264) . 

1488.  Loss  of  arm  or  leg. — From  and  after  the  passage  of  this  act 
all  persons  on  the  pension  roll,  and  all  persons  hereafter  granted  a 
pension,  who,  while  in  the  military  or  naval  service  of  the  United 
States,  and  in  the  line  of  duty,  shall  have  lost  one  hand  or  one  foot, 
or  been  totally  or  permanently  disabled  in  the  same,  or  otherwise 
so  disabled  as  to  render  their  incapacity  to  perform  manual  labor 
equivalent  to  the  loss  of  a  hand  or  a  foot,  shall  receive  a  pension  of 
twenty-four  dollars  per  month ;  that  all  persons  now  on  the  pension 
roll,  and  all  persons  hereafter  granted  a  pension,  who  in  like  manner 
shall  have  lost  either  an  arm  at  or  above  the  elbow,  or  a  leg  at  or 
above  the  knee,  or  shall  have  been  otherwise  so  disabled  as  to  be 
incapacitated  for  performing  any  manual  labor,  but  not  so  much 
as  to  require  regular  personal  aid  and  attendance,  shall  receive  a 
pension  of  thirty  dollars  per  month:  Provided,  That  nothing  con- 
tained in  this  act  shall  be  construed  to  repeal  section  forty-six  hun- 
dred and  ninety-nine  of  the  Revised  Statutes  of  the  United  States, 
or  to  change  the  rate  of  eighteen  dollars  per  month  therein  men- 
tioned to  be  proportionately  divided  for  any  degree  of  disability 
established   for  which   section   forty-six   hundred    and    ninety-five 
makes  no  provision.1    Act  of  Mar.  3, 1883  (22  Stat.  453). 

1489.  Loss  of  hand  or  foot,  etc. — From  and  after  the  passage  of 
this  Act  all  persons  on  the  pension  roll,  and  all  persons  hereafter 
granted  a  pension,  who,  while  in  the  military  or  naval  service  of  the 
United  States  and  in  the  line  of  duty,  shall  have  lost  one  hand  or 
one  foot,  or  been  totally  disabled  in  the  same,  shall  receive  a  pension 
at  the  rate  of  forty  dollars  per  month;  that  all  persons  who,  in  like 
manner,  shall  have  lost  an  arm  at  or  above  the  elbow  or  a  leg  at  or 
above  the  knee,  or  been  totally  disabled  in  the  same,  shall  receive  a 
pension  at  the  rate  of  forty-six  dollars  per  month;  that  all  persons 
who,  in  like  manner,  shall  have  lost  an  arm  at  the  shoulder  joint  or 
a  leg  at  the  hip  joint,  or  so  near  the  shoulder  or  hip  joint  or  where 
the  same  is  in  such  a  condition  as  to  prevent  the  use  of  an  artificial 
limb,  shall  receive  a  pension  at  the  rate  of  fifty-five  dollars  per 
month,  and  that  all  persons  who,  in  like  manner,  shall  have  lost  one 
hand  and  one  foot,  or  been  totally  disabled  in  the  same,  shall  receive 

1  Paragraph  1492,  post. 


560  MILITARY   LAWS  OF    THE   UNITED   STATES. 

a  pension  at  the  rate  of  sixty  dollars  per  month;  and  that  all  per- 
sons who,  in  like  manner,  shall  have  lost  both  feet  shall  receive  a 
pension  at  the  rate  of  one  hundred  dollars  per  month:  Provided, 
however,  That  this  Act  shall  not  be  so  construed  as  to  reduce  any 
pension  under  any  act,  public  or  private.  Act  of  Mar.  2,  1903  (32 
Stat.  944). 

1490.  Incapacity,    requiring    constant    attendance. — All    soldiers, 
sailors,  and  marines  who  have  since  the  sixteenth  day  of  June, 
eighteen  hundred  and  eighty,  or  who  may  hereafter  become  so  totally 
and   permanently  helpless  from   injuries  received   or   disease   con- 
tracted in  the  service  and  line  of  duty  as  to  require  the  regular  per- 
sonal aid  and  attendance  of  another  person,  or  who,  if  otherwise 
entitled,  were  excluded  from  the  provisions  of  "An  act  to  increase 
pensions  of  certain  pensioned  soldiers  and  sailors  who  are  utterly 
helpless  from  injuries  received  or  disease  contracted  while  in  the 
United  States  service,"  approved  June  sixteenth,  eighteen  hundred 
and  eighty,  shall  be  entitled  to  receive-  a  pension  at  the  rate  of 
seventy-two  dollars  per  month  from  the  date  of  the  passage  of  this 
act  or  of  the  certificate  of  the  examining  surgeon  or  board  of  sur- 
geons showing  such  degree  of  disability  made  subsequent  to  the  pas- 
sage of  this  act.    Act  of  Mar.  4, 1890  (26  Stat.  16) . 

1491.  Same — requiring  frequent  attendance. — Soldiers  and  sailors 
who  are  shown  to  be  totally  incapacitated  for  performing  manual 
labor  by  reason  of  injuries  received  or  disease  contracted  in  the  serv- 
ice of  the  United  States  and  in  line  of  duty,  and  who  are  thereby  dis- 
abled to  such  a  degree  as  to  require  frequent  and  periodical,  though 
not  regular  and  constant,  personal  aid  and  attendance  of  another  per- 
son, shall  be  entitled  to  receive  a  pension  of  fifty  dollars  per  month 
from  and  after  the  date  of  the  certificate  of  the  examining  surgeon 
or  board  of  examining  surgeons  showing  such  degree  of  disability, 
and  made  subsequent  to  the  passage  of  this  act.    Act  of  July  Uh  1892 
(27  Stat.  149). 

1492.  Division  of  $18  rate. — The  rate  of  eighteen  dollars  per  month 
may  be  proportionately  divided  for  any  degree  of  disability  estab- 
lished for  which  section  forty-six  hundred  and  ninety-five  makes  no 
provision.1    Sec.  4699,  R.  S. 

1493.  Not  allowed  while  in  Army  or  Navy. — Hereafter  no  pension 
shall  be  allowed  or  paid  to  any  officer,  noncommissioned  officer,  or 
private  in  the  Army,  Navy,  or  Marine  Corps  of  the  United  States, 
either  on  the  active  or  retired  list.2    Act  of  Mar.  3,  1891  (26  Stat. 
1082). 

1  See  act  of  March  3,  1883  (22  Stat.  453),  paragraph  1488,  ante. 

2  Section  2  of  the  act  of  August  29,  1890  (26  Stat.  371),  contained  the  require- 
ment that  "  Hereafter  no  officer  of  the  Army,  Navy,  or  Marine  Corps  on  the 
retired  list  shall  draw  or  receive  any  pension  under  any  law." 


MILITARY   LAWS   OF   THE   UNITED   STATES.  561 

1494.  Absentees. — Officers  absent  on  sick  leave,  and  enlisted  men 
absent  on  sick  furlough,  or  on  veteran  furlough  with  the  organiza- 
tion to  which  they  belong,  shall  be  regarded  in  the  administration 
of  the  pension  laws  in  the  same  manner  as  if  they  were  in  the  field 
or  hospital.    Sec.  4700,  R.  S. 

1495.  Period  of  service. — The  period  of  service  of  all  persons  en- 
titled to  the  benefits  of  the  pension  laws,  or  on  account  of  whose 
death  any  person  may  become  entitled  to  a  pension,  shall  be  construed 
to  extend  to  the  time  of  disbanding  the  organization  to  which  such 
persons  belonged,  or  until  their  actual  discharge  for  other  cause  than 
the  expiration  of  the  service  of  such  organization.    Sec.  4701,  R.  S. 

WIDOWS,   CHILDREN,  AND^  DEPENDENT  RELATIVES. 

1496.  Widows  or  children,  etc. — If  any  person  embraced  within  the 
provisions  of  sections  forty-six  hundred  and  ninety-two -and  forty- 
six  hundred  and  ninety-three1  has  died  since  the  fourth  day  of 
March,  eighteen  hundred  and  sixty-one,  or  hereafter  dies,  by  reason 
of  any  wound,  injury,  or  disease  which  under  the  conditions  and 
limitations  of  such  sections  would  have  entitled  him  to  an  invalid 
pension  had  he  been  disabled,  his  widow,2  or  if  there  be  no  widow,  or 
in  case  of  her  death  without  payment  to  her  of  any  part  of  the  pen- 
sion hereinafter  mentioned,  his  child  or  children  under  sixteen  years 
of  age,  shall  be  entitled  to  receive  the  same  pension  as  the  husband 
or  father  would  have  been  entitled  to  had  he  been  totally  disabled, 
to  commence  from  the  death  of  the  husband  or  father,  to  continue 
to  the  widow  during  her  widowhood,  and  to  his  child  or  children 
until  they  severally  attain  the  age  of  sixteen  years,  and  no  longer; 
and  if  the  widow  remarry,  the  child  or  children  shall  be  entitled  from 
the  date  of  remarriage,  except  when  such  widow  has  continued  to 
draw  the  pension  money  after  her  remarriage,  in  contravention  of 
law,  and  such  child  or  children  have  resided  with  and  been  supported 
by  her,  their  pension  will  commence  at  the  date  to  which  the  widow 
was  last  paid.3    Act  of  Aug.  7, 188%  (22  Stat.  345}. 

1497.  Addition  for  each  child  under  sixteen. — The  pensions  of 
widows  shall  be  increased  from  and  after  the  twenty-fifth  day  of 
July,  eighteen  hundred  and  sixty-six,  at  the  rate  of  two  dollars  per 
month  for  each  child  under  the  age  of  sixteen  years  of  the  husband  on 
account  of  whose  death  the  claim  has  been,  or  shall  be,  granted.    And 

1  Paragraphs  1481  and  1482,  ante.     • 

2  Section  4705  provides,  as  to  enlistments  on  or  before  March  3,  1873,  that 
"  widows  of  colored  and  Indian  soldiers,"  etc.,  "  shall  be  entitled  to  receive  the 
pension  provided  by  law  without  other  evidence  of  marriage  "  than  satisfactory 
proof  of  the  relation  to  each  other  therein  specified. 

"Amended  by  act  of  March  19,  1886   (24  Stat.  5).     See  also  acts  of  June  9, 
1880  (21  Stat.  170),  and  June  7,  1888  (25  Stat.  173). 

48985°— 15 36 


562  MILITARY   LAWS   OF    THE  UNITED   STATES. 

in  every  case  in  which  the  deceased  husband  has  left,  or  shall  leave, 
no  widow,  or  where  his  widow  has  died  or  married  again,  or  where 
she  has  been  deprived  of  her  pension  under  the  provisions  of  the 
pension  law,  the  pension  granted  to  such  child  or  children  shall  be 
increased  to  the  same  amount  per  month  that  would  be  allowed  under 
the  foregoing  provisions  to  the  widow  if  living  and  entitled  to  a  pen- 
sion: Provided,  That  the  additional  pension  herein  granted  to  the 
widow  on  account  of  the  child  or  children  of  the  husband  by  a  former 
wife  shall  be  paid  to  her  only  for  such  period  of  her  widowhood  as 
she  has  been,  or  shall  be,  charged  with  the  maintenance  of  such  child 
or  children;  for  any  period  during  which  she  has  not  been,  or  she 
shall  not  be,  so  charged  it  shall  be  granted  and  paid  to  the  guard- 
ian of  such  child  or  children:  Provided  further,  That  a  widow  or 
guardian  to  whom  increase  of  pension  has  been,  or  shall  hereafter  be, 
granted  on  .account  of  minor  children  shall  not  be  deprived  thereof 
by  reason  of  their  being  maintained  in  whole  or  in  part  at  the  expense 
of  a  State  or  the  public  in  any  educational  institution  or  in  any  in- 
stitution organized  for  the  care  of  soldiers'  orphans.  Sec.  4703,  R.  S. 

1498.  Increase  of  pensions. — From  and  after  the  passage  of  this 
Act  the  rate  of  pension  for  widows,  minor  children  under  the  age  of 
sixteen  years,  and  helpless  minors  as  defined  by  existing  laws,  now  on 
the  roll  or  hereafter  to  be  placed  on  the  pension  roll  and  entitled  to 
receive  a  less  rate  than  hereinafter  provided,  shall  be  twelve  dollars 
per  month ;  and  nothing  herein  shall  be  construed  to  affect  the  exist- 
ing allowance  of  two  dollars  per  month  for  each  child  under  the  age 
of  sixteen  years  and  for  each  helpless  child ;  and  all  Acts  or  parts  of 
Acts  inconsistent  with  the  provisions  of  this  Act  are  hereby  repealed : 
Provided,  however,  That  this  Act  shall  not  be  so  construed  as  to 
reduce  any  pension  under  any  Act,  public  or  private.     Sec.  1,  Act  of 
Apr.  19,  1908  (35  Stat.  64). 

1499.  Restriction  as  to  time  of  marriage. — Hereafter  no  pension 
under  any  law  of  the  United  States  shall  be  granted,  allowed,  or  paid 
to  the  widow  of  a  soldier,  sailor,  officer,  naval  or  military,  marine, 
marine  officer,  or  any  other  male  person  entitled  to  a  pension  under 
any  law  of  the  United  States,  unless  it  shall  be  proved  and  estab- 
lished that  the  marriage  of  such  widow  to  the  soldier,  sailor,  officer, 
marine,  or  other  person  on  account  of  whose  service  the  pension  is 
asked,  was  duly  and  legally  contracted  and  entered  into  prior  to 
the  passage  of  this  act,  or  unless  such  wife  shall  have  lived  and 
cohabited  with  such  soldier,  sailor,-  officer,  marine,  marine  officer, 
or  other  person  continuously  from  the  date  of  the  marriage  to  the 
date  of  his  death,  or  unless  the  marriage  shall  take  place  hereafter 
and  prior  to  or  during  the  military  or  naval  service  of  the  soldier, 
sailor,  officer,  marine,  or  other  person  on  account  of  whose  service 


MILITARY   LAWS   OF   THE   UNITED   STATES.  563 

the  pension  is  asked  or  claimed.  This  proviso  shall  not  apply  to  or 
affect  the  widow  of  any  soldier,  sailor,  marine,  officer,  or  marine 
officer  serving  or  who  has  served  in  the  war  between  the  United 
States  and  the  Kingdom  of  Spain.  Act  of  Mar.  3,  1899  (30  Stat. 
1380). 

1500.  Dependent  relatives. — If  any  person  embraced  within  the 
provisions  of  sections  forty-six  hundred  and  ninety-two  and  forty- 
six  hundred  and  ninety-three  has  died  since  the  fourth  day  of  March, 
eighteen  hundred  and  sixty-one,  or  shall  hereafter  die,  by  reason  of 
any  wound,  injury,  casualty,  or  disease,  which,  under  the  conditions 
and  limitations  of  such  sections,  would  have  entitled  him  to  an 
invalid  pension,  and  has  not  left  or  shall  not  leave  a  widow  or  legiti- 
mate child,  but  has  left  or  shall  leave  other  relative  or  relatives  who 
were  dependent  upon  him  for  support,  in  whole  or  in  part,  at  the 
date  of  his  death,  such  relative  or  relatives  shall  be  entitled,  in  the 
following  order  of  precedence,  to  receive  the  same  pension  as  such 
person  would  have  been  entitled  to  had  he  been  totally  disabled,  to 
commence  from  the  death  of  such  person,  namely :  First,  the  mother ; 
secondly,  the  father;  thirdly,  orphan  brothers  and  sisters  under  six- 
teen years  of  age,  who  shall  be  pensioned  jointly:  Provided,  That 
where  orphan  children  of  the  same  parent  have  different  guardians, 
or  a  portion  of  them  only  are  under  guardianship,  the  share  of  the 
joint  pension  to  which  each  ward  shall  be  entitled  shall  be  paid  to 
the  guardian  of  such  ward :  Provided,  That  if  in  any  case  said  per- 
son shall  have  left  father  and  mother  who  were  dependent  upon 
him,  then,  on  the  death  of  the  mother,  the  father  shall  become  en- 
titled to  the  pension,  commencing  from  and  after  the  death  of  the 
mother;  and  upon  the  death  of  the  mother  and  father,  or  upon 
the  death  of  the  father  and  the  remarriage  of  the  mother,  the  de- 
pendent brothers  and  sisters  under  sixteen  years  of  age  shall  jointly 
become  entitled  to  such  pension  until  they  attain  the  age  of  sixteen 
years,  respectively,  commencing  from  the  death  or  remarriage  of 
the  party  who  had  the  prior  right  to  the  pension :  Provided,  That  a 
mother  shall  be  assumed  to  have  been  dependent  upon  her  son 
within  the  meaning  of  this  section  if,  at  the  date  of  his  death,  she 
had  no  other  adequate  means  of  support  than  the  ordinary  pro- 
ceeds of  her  own  manual  labor  and  the  contributions  of  said  son  or 
of  any  other  persons  not  legally  bound  to  aid  in  her  support;  and 
if,  by  actual  contributions,  or  in  any  other  way,  the  son  had  recog- 
nized his  obligations  to  aid  in  support  of  his  mother,  or  was  by  law 
bound  to  such  support,  and  that  a  father  or  minor  brother  or  sister 
shall,  in  like  manner  and  under  like  conditions,  be  assumed  to  have 
been  dependent,  except  that  the  income  which  was  derived  or  de- 
rivable from  his  actual  or  possible  manual  labor  shall  be  taken  into 


564  MILITARY   LAWS   OF    THE   UNITED   STATES. 

account  in  estimating  a  father's  means  of  independent  support: 
Provided  further.  That  the  pension  allowed  to  any  person  on  ac- 
count of  his  or  her  dependence,  as  hereinbefore  provided,  shall  not 
be  paid  for  any  period  during  which  it  shall  not  be  necessary  as  a 
means  of  adequate  subsistence.  Sec.  4707,  R.  S. 

1501.  Remarriage  of  widow  or  dependent  mother  or  sister. — The 
remarriage  of  any  widow,  dependent  mother,  or  dependent  sister 
entitled  to  pension  shall  not  bar  her  right  to  such  pension  to  the  date 
of  her  remarriage,  whether  an  application  therefor  was  filed  before 
or  after  such  marriage;  but  on  the  remarriage  of  any  widow,  de- 
pendent mother,  or  dependent  sister  having  a  pension  such  pension 
shall  cease :  Provided,  however,  That  any  widow  who  was  the  lawful 
wife  of  any  officer  or  enlisted  man  or  other  person  in  the  Army, 
Navy,  or  Marine  Corps  of  the  United  States,  as  described  in  para- 
graphs one,  two,  and  three  of  section  forty-six  hundred  and  ninety- 
three  of  the  Eevised  Statutes  of  the  United  States,  during  the  period 
of  his  service  in  any  war3  and  whose  name  was  placed  or  shall  here- 
after be  placed  on  the  pension  roll  because  of  her  husband's  death  as 
the  result  of  wound  or  injury  received  or  disease  contracted  in  such 
military  or  naval  service,  and  whose  name  has  been  or  shall  hereafter 
be  dropped  from  said  pension  roll  by  reason  of  her  marriage  to 
another  person  who  has  since  died  or  shall  hereafter  die,  or  from 
whom  she  has  been  heretofore  or  shall  be  hereafter  divorced,  upon 
her  own  application  and  without  fault  on  her  part,  and  if  she  is  with- 
out means  of  support  other  than  her  daily  labor,  as  defined  by  the 
Acts  of  June  twenty-seventh,  eighteen  hundred  and  ninety,  and  May 
ninth,  nineteen  hundred,  shall  be  entitled  to  have  her  name  again 
placed  on  the  pension  roll  at  the  rate  now  provided  for  widows  by 
the  Acts  of  July  fourteenth,  eighteen  hundred  and  sixty-two,  March 
third,  eighteen  hundred  and  seventy-three,  and  March  nineteenth, 
eighteen  hundred  and  eighty-six,  such  pension  to  commence  from  the 
date  of  the  filing  of  her  application  in  the  Pension  Bureau  after  the 
approval  of  this  Act :  And  provided  further,  That  where  such  widow 
is  already  in  receipt  of  a  pension  from  the  United  States  she  shall 
not  be  entitled  to  restoration  under  this  Act :  And  provided  further, 
That  where  the  pension  of  said  widow  on  her  second  or  subsequent 
marriage  has  accrued  to  a  helpless  or  idiotic  child,  or  a  child  or  chil- 
dren under  the  age  of  sixteen  years,  she  shall  not  be  entitled  to  res- 
toration under  this  Act  unless  said  helpless  or  idiotic  child,  or  child 
or  children  under  sixteen  years  of  age,  be  then  a  member  or  members 
of  her  family  and  cared  for  by  her,  and  upon  the  restoration  of  said! 
widow  the  payment  of  pension  to  said  child  or  children  shall  cease. 
Sec.  4708,  R.  S.,  as  amended  ly  Sec.  1,  Act  of  Feb.  28,  1903  (32 
Stat.  920). 


CHAPTER 


THE  SOLDIERS'  HOME. 


Par. 

Board  of  Commissioners,  duties 1502 

Same 1503 

Same 1504 

Officers 1505 

Same — selection — treasurer  required 

to  give  bond 1506 

Funds  for  the  support  of  the  home, 

how  obtained 1507 

Same 1508 

Limit  to  adjustment  of  accounts 3509 

Permanent  fund  of  the  home 1510 

The  Treasurer  of  the  United  States 
the  depositary  of  the  funds  of  the 

home 1511 

Limitation  on  expenditures 1512 

Borrowing  money  on  credit  of  home 

prohibited 1513 


Par. 
Who  may  become  members  of  the 

home 1514 

What  persons  are  entitled  to  its  bene- 
fits   1515 

Who  are  excluded 1516 

Who  shall  be  discharged 1517 

Outdoor  relief 1518 

Rights  of  pensioners  and  surrender  of 

pensions 1519 

Allotment  of  their  pensions  by  in- 
mates, payment  of  pensions  not 

assigned  to  Treasurer,  etc 1520 

Inmates  subject  to  Articles  of  War. .  1521 
Uniforms  to  be  furnished  inmates 

free  of  cost 1522 

Liquor  licenses  prohibited  within  1 
mile  of  the  home...  .  1523 


1502.  Board  of  Commissioners,  duties. — The  Board  of  Commis- 
sioners of  the  Soldiers'  Home  shall  hereafter  consist  of  the  General  in 
Chief  commanding  the  Army,  the  Surgeon-General,  the  Commissary- 
General,    the    Ad  jut  ant- General,    the    Quartermaster-General,    the 
Judge-Advocate-General  and  the  Governor  of  the  Home,  and  the 
General  in  Chief  shall  be  President  of  the  Board,  and  any  four  of 
them  shall  constitute   a   quorum  for  the  transaction  of  business; 
whose  duty  it  shall  be  to  examine  and  audit  the  accounts  of  the 
treasurer  quarter-yearly,  and  to  visit  and  inspect  the  Soldiers'  Home 
at  least  once  in  every  month.    The  majority  shall  also  have  power  to 
establish,  from  time  to  time,  regulations  for  the  general  and  internal 
direction  of  the  institution,  to  be  submitted  to  the  Secretary  of  War 
for  approval;  and  may  do  any  other  acts  necessary  for  the  govern- 
ment and  interests  of  the  same,  as  authorized  by  this  chapter.1    Sec. 
4815  R.  £.,  as  amended  by  Sec.  10,  Act  of  Mar.  3, 1883  (22  Stat.,565). 

1503.  Same. — The  commissioners  of  the  Soldiers'  Home,  by  and 
with  the  approval  of  the  President,  shall  procure  for  immediate  use, 

1  The  "  Military  Asylum  for  the  Relief  and  Support  of  Invalid  and  Disabled 
Soldiers  of  the  Army  of  the  United  States  "  was  established  by  the  act  of  March 

565 


566  MILITARY   LAWS   OF    THE   UNITED   STATES. 

at  a  suitable  place  or  places,  a  site  or  sites  for  the  Soldiers'  Home, 
and  if  the  necessary  buildings  can  not  be  procured  with  the  sites,  to 
have  the  same  erected,  having  due  regard  to  the  health  of  the  loca- 
tions, facility  of  access,  and  economy,  and  giving  preference  to  such 
places  as,  with  the  most  convenience  and  least  cost,  will  accommodate 
the  persons  entitled  to  the  benefits  of  the  Soldiers'  Home.  Sec.  4817, 
B.8. 

1504.  Same. — The  board  of  commissioners  of  the  Soldiers'  Home 
shall  every  year  report  in  writing  to  the  Secretary  of  War,  giving  a 
full  statement  of  all  receipts  and  disbursements  of  money,  of  the 
manner  in  which  the  funds  are  invested  of  any  changes  in  the  in- 
vestments and  the  reasons  therefor,  of  all  admissions  and  discharges, 
and  generally  of  all  facts  that  may  be  necessary  to  a  full  under- 
standing of  the  condition  and  management  of  the  Home.  The  Sec- 
retary of  War  shall  have  power  to  call  for  and  require  any  omitted 
facts  which  in  his  judgment  should  be  stated  to  be  added.  This 
annual  report  shall  be,  by  the  Secretary  of  War,  together  with  the 

3,  1851  (9  Stat.  595).  a  For  the  support  of  the  institution  thus  established 
the  following  funds  were  set  apart:  (a)  Any  unexpended  balance  of  the  appro- 
priation made  by  the  act  of  March  2,  1847  (9  Stat.  149),  for  the  benefit  of 
soldiers  disabled  by  wounds;  (b)  the  sum  of  $118,791.19,  levied  by  the  command- 
ing general  of  the  Army  of  the  United  States  in  Mexico,  during  the  war  with 
that  republic,  for  the  benefit  of  the  soldiers  of  the  United  States  Army,  regu- 
lars and  volunteers,  who  were  engaged  in  that  war,  but  taken  possession  of  as 
funds  of  the  United  States  and  placed  in  the  Treasury;  (c)  all  stoppages  and 
fines  adjudged  against  soldiers  by  sentence  of  court-martial,  over  and  above 
any  amount  that  may  be  due  for  the  reimbursement  of  Government  or  of 
individuals;  (d)  all  forfeitures  on  account  of  desertion;  (e)  all  moneys,  not 
exceeding  two-thirds  of  the  balance  on  hand  of  the  hospital  fund,  and  of  the 
post  fund  of  each  military  station,  after  deducting  the  necessary  expenses  of 
the  year;  and  (f)  all  moneys  belonging  to  the  estates  of  deceased  soldiers, 
which  now  are  or  may  hereafter  be  unclaimed  for  the  period  of  three  years 
subsequent  to  the  death  of  said  soldier  or  soldiers,  to  be  repaid  by  the  com- 
missioners of  the  institution,  upon  the  demand  of  the  heirs  or  legal  representa- 
tives of  the  deceased ;  6  there  shall  also  be  "  deducted  from  the  pay  of  every 
noncommissioned  officer,  musician,  artificer,  and  private  of  the  Army  of  the 
United  States  the  sum  of  25  cents  c  per  month,  which  sum  so  deducted  shall, 
by  the  Pay  Department  of  the  Army,  be  passed  to  the  credit  of  the  commission- 
ers of  the  asylum,  who  are  hereby  authorized  to  receive  all  donations  of  money 
or  property  made  by  any  person  or  persons  for  the  benefit  of  the  institution, 
and  hold  the  same  for  its  sole  and  exclusive  use."  (Sec.  7,  act  of  March  3, 
1851,  9  Stat.  596.) 

In  passing  upon  recommendations  made  by  the  board  of  commissioners  of  the 
Soldiers'  Home,  under  section  4815  of  the  Revised  Statutes,  the  Secretary  of 
War  is  invested  with  a  discretionary  power  to  approve  or  disapprove  the  same. 
(XVII  Opin.  Att.  Gen.,  449.) 

a  The  act  of  Congress  establishing  the  Military  Asylum  does  not  constitute 
the  commissioners  a  corporation  with  capacity  to  sue  and  be  sued.  (V  Opin. 
Att.  Gen.,  398;  see  note  1  to  paragraph  1512,  post.) 

6  This  clause  was  repealed  by  section  2  of  the  act  of  July  5,  1862  (12  Stat. 
508). 

c  The  deduction  from  the  monthly  pay  of  enlisted  men,  fixed  at  25  cents  per 
month  by  section  7,  act  of  March  3,  1851  (9  Stat.  596),  was  reduced  to  12$ 
cents  by  section  7,  act  of  March  3,  1859  (11  Stat.  424),  and  was  abolished  by 
the  act  of  May  11,  1908  (35  Stat.  110). 


MILITARY   LAWS  OF  THE  UNITED  STATES.  567 

report  of  the  inspecting  officer  hereinafter  provided  for,  transmitted 
to  Congress  at  the  first  session  thereafter,  and  he  shall  also  cause  the 
same  to  be  published  in  orders  to  the  Army,  a  copy  thereof  to  be  de- 
posited in  each  garrison  and  post  library.1  Sec.  1,  Act  of  Mar.  3, 
1883  (%2  Stat.564). 

1505.  Officers. — The  officers  of  the  Soldiers'  Home  shall  consist  of 
a  governor,  a  deputy  governor,  and  a  secretary,  for  each  separate  site 
of  the  home,  the  latter  to  be  also  the  treasurer ;  and  the  officers  shall 
be  taken  from  the  Army  and  appointed  or  removed,  from  time  to 
time,  as  the  interests  of  the  institution  may  require,  by  the  Secre- 
tary of  War,  on  the  recommendation  of  the  board  of  commissioners.2 
Sec.  4816,  R.  S. 

1506.  Same — Selection — Treasurer   required   to   give   bond. — The 
governor  and  all  other  officers  of  the  Home  shall  be  selected  by  the 
President  of  the  United  States,  and  the  treasurer  of  the  Home  shall 
be  required  to  give  a  bond  in  the  penal  sum  of  twenty  thousand  dol- 
lars for  the  faithful  performance  of  his  duty.3    Sec.  7,  Act  of  Mar.  3, 
1883  (%2  Stat.565}. 

1507.  Funds  for  the  support  of  the  Home,  how  obtained. — For  the 
support  of  the  Soldiers'  Home  the  following  funds  are  set  apart 
and  are  hereby  appropriated :  All  stoppages  or  fines  adjudged  against 
soldiers  by  sentence  of  courts-martial  over  and  above  any  amount 
that  may  be  due  for  the  reimbursement  of  Government  or  of  in- 
dividuals; all  forfeitures  on  account  of  desertion;  and  all  moneys 
belonging  to  the  estates  of  deceased  soldiers  which  are  or  may  be 
unclaimed  for  the  period  of  three  years  subsequent  to  the  death  of 
such  soldiers,  to  be  repaid  by  the  commissioners  of  the  institution 
upon  the  demand  of  the  heirs  or  legal  representatives  of  the  deceased. 
Sec.  4818,  R.  S. 

1508.  Same. — There  shall  be  deducted  from  the  pay  of  every  non- 
commissioned officer,  musician,  artificer,  and  private  of  the  Army  of 
the  United  States  the  sum  of  twelve  and  a  half  cents  per  month, 
which  sum  so  deducted  shall  by  the  Pay  Department  of  the  Army 

1  Section  2  of  the  Act  of  March  3,  1883,  provides  for  an  annual  inspection  of 
the  Home  by  the  Inspector  General  of  the  Army.  (See  par.  464,  ante,  under 
the  chapter  entitled,  The  Inspector  General's  Department.) 

aThe  commissioners  of  the  Soldiers'  Home  may  permit  the  governor,  deputy 
governor,  and  treasurer  of  the  Home,  who  are  retired  officers  of  the  Army  and 
who  reside  at  the  Home,  to  make  use  of  ordinary  supplies  of  fuel,  light,  forage, 
etc.,  produced  at  the  Home  or  purchased  for  it,  and  they  may  pay  the  treasurer, 
out  of  the  funds  of  the  Home,  a  salary  for  his  services.  (XX  Opin.  Att. 
Gen.,  350.) 

See  Dig.  Opin.  J.  A.  G.,  pp.  1010  and  1011,  edition,  1912. 

3  The  board  of  commissioners  of  the  Soldiers'  Home  can  not  delegate  to  the 
governor  of  the  Home  discretionary  police  authority  for  the  preservation  of 
good  order  within  its  limits.  (XX  Opin.  Att.  Gen.,  514.)  They  can  not  em- 
power him  to  arrest,  detain,  or  deliver  over  to  the  court  authorities  non- 
military  persons  committing  crimes  less  than  capital,  except  in  the  cases  where 
any  person  may  make  an  arrest  without  warrant  or  precept.  (Id.) 


568  MILITARY   LAWS   OF    THE   UNITED   STATES. 

be  passed  to  the  credit  of  the  commissioners  of  the  Soldiers'  Home. 
The  commissioners  are  also  authorized  to  receive  all  donations  of 
money  or  property  made  by  any  person  for  the  benefit  of  the  insti- 
tution and  hold  the  same^  for  its  sole  and  exclusive  use.  But  the 
deduction  of  twelve  and  a  half  cents  per  month  from  the  pay  of 
noncommissioned  officers,  musicians,  artificers,  and  privates  of  regi- 
ments of  volunteers  or  other  corps  or  regiments  raised  for  a  limited 
period  or  for  a  temporary  purpose  or  purposes  shall  only  be  made 
with  their  consent.1  Sec.  4819,  R.  S. 

1509.  Limit  to  adjustment  of  accounts. — Hereafter  the  adjustment 
of  the  accounts  of  the  Soldiers'  Home  under  section  4818  of  the 
Revised  Statutes 2  in  the  offices  of  the  Second  Comptroller  and  Sec- 
ond Auditor  shall  be  limited  to  those  originating  subsequent  to 
March  3, 1881.     Act  of  July  16, 1892  (27  Stat.  193) . 

1510.  Permanent  fund  of  the  Home. — That  all  funds  of  the  Home 
not  needed  for  current  use,  and  which  are  not  now  invested  in 
United  States  registered  bonds,  shall,  as  soon  as  received,  or  as  soon 
as  present  investments  can  be  converted  into  money  without  loss,  be 
deposited  in  the  Treasury  of  the  United  States  to  the  credit  of  the 
Home  as  a  permanent  fund,  and  shall  draw  interest  at  the  rate  of 
three  per  centum  per  annum,  which  shall  be  paid  quarterly  to  the 
treasurer  of  the  Home;  and  the  proceeds  of  such  registered  bonds, 
as  they  are  paid,  shall  be  deposited  in  like  maner.    No  part  of  the 
principal  sum  so  deposited  shall  be  withdrawn  for  use  except  upon 
a  resolution  of  the  board  of  commissioners  stating  the  necessity 
and  approved  by  the  Secretary  of  War.    Sec.  8,  Act  of  Mar.  3, 1883 
(22  Stat.  565). 

1511.  The  Treasurer  of  the  United  States  the  depositary  of  the 
funds  of  the  Home. — That  the  Treasurer  of  the  United  States  be, 
and  he  is  hereby,  authorized  and  directed  to  receive  and  keep  on  de- 
posit, subject  to  the  checks  or  drafts  of  the  treasurer  of  the  Soldiers' 
Home  in  the  District  of  Columbia,  all  funds  which  may  now  be 
under  the  control  of  the  said  treasurer  of  the  Soldiers'  Home,  or 
may  hereafter  be  furnished  him  or  in  any  manner  come  into  his  pos- 
session for  use  in  defraying  the  curent  expenses  of  maintaining  the 
said  Soldiers'  Home,  and,  upon  the  request  of  said  treasurer  of  the 
Soldiers'  Home,  there  shall  be  transferred,  from  funds  to  his  credit 
with  the  United  States  Treasurer,  and  placed  to  his  credit  with  the 
assistant  treasurer  of  the  United  States  in  New  York  City,  New 
York,  such  sums  as  he  may  require  monthly  or  quarterly  for  pay- 
ments on  account  of  "outdoor  relief"  to  members  of  the  said  Sol- 

xThe  deduction  of  pay  for  the  Soldiers'  Home  was  abolished  by  the  act  of 
May  11,  1908  (35  Stat  110). 
*  For  this  section  see  paragraph  1507,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  569 

diers'  Home  residing  at  a  distance  therefrom.    Act  of  Jan.  16,  1891 
(26  Stat.  718). 

1512.  Limitation   on   expenditures. — No   new   buildings   shall   be 
erected  or  new  grounds  purchased,  nor  shall  any  expenditure  of 
more  than  five  thousand  dollars  be  made,  until  the  action  of  the 
board  thereon  shall  be  approved  by  the  Secretary  of  War.     All 
supplies  that  can  be  purchased  upon  contract  shall  be  so  purchased, 
after  due  notice  by  advertisement,  of  the  lowest  responsible  bidder. 
Such  bidder  shall  give  bond,  with  proper  security,  for  the  per- 
formance of  his  contract.1    Sec.  3,  Act  of  Mar.  3, 1883  (%%  Stat.  564). 

1513.  Borrowing  money  on  credit  of  Home  prohibited. — No  officers 
of  the  Home  shall  borrow  any  money  on  the  credit  of  the  Home  for 
any  purpose,  nor  shall  any  pledge  of  any  of  its  property  or  securities 
for  any  purpose  be  valid.    Sec.  9,  id.,  565. 

1514.  Who  may  become  members  of  the  Home. — All  soldiers  of  the 
Army  of  the  United  States,  and  all  soldiers  who  have  been,  or  may 
hereafter  be,  of  the  Army  of  the  United  States,  and  who  have  con- 
tributed, or  may  hereafter  contribute,  according  to  section  forty- 
eight  hundred  and  nineteen,  to  the  support  of  the  Soldiers'  Home 
hereby  created,  and  the  invalid  and  disabled  soldiers,  whether  regu- 
lars or  volunteers,  of  the  war  of  eighteen  hundred  and  twelve  and  of 
all  subsequent  wars,  shall,  under  the  restrictions  and  provisions  which 
follow,  be  members  of  the  Soldiers'  Home,  with  all  the  rights  annexed 
thereto.2    Sec.  4814,  R.  S. 

(The  contribution  provided  for  in  sec.  4819,  R.  S.,  was  abolished  by  the  act 
of  May  11,  1908,  35  Stat.  110.) 

1515.  What  persons  are  entitled  to  its  benefits. — The  following  per- 
sons, members  of  the  Soldiers'  Home,  according  to  section  forty- 
eight  hundred  and  fourteen,  shall  be  entitled  to  the  rights  and  bene- 
fits herein  conferred,  and  no  others : 

1  Contracts  for   the   Home   should  be   entered   into,   not  by   the   "  Soldiers' 
Home,"  which  is  not  an  incorporated  institution,  but  by  the  board  of  commis- 
sioners, who,  as  trustees  for  the  Home,  may  make  contracts  which  will  bind 
the  United  States.     (Dig.  Opin.,  J.  A.  G.,  par.  2330.     Ed.  1901.) 

Section  11  of  the  act  of  March  3,  1883  (22  Stat.  p.  565),  contains  the  provision 
"  that  all  laws  and  parts  of  laws  relating  to  the  Soldiers'  Home  now  in  force 
and  not  inconsistent  with  this  act  are  continued  in  force,  and  such  as  are  in- 
consistent herewith  are  to  that  extent  repealed."  Section  12  of  the  same  act 
contained  the  requirement  that  "  the  sum  of  ten  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  otherwise  appropriated  to 
be  expended  by  the  Secretary  of  the  Treasury  in  the  employment  of  additional 
clerical  force  to  be  used  in  adjusting  the  accounts  in  the  Treasury  Department 
of  those  funds  which  under  the  law  belong  to  the  Soldiers'  Home." 

2  This  section  and  4819  recognize  two  classes  of  beneficiaries :   1.  Soldiers 
who,  while  in  the  service,  contributed  voluntarily  to  the  support  of  the  Home. 
2.  Soldiers  who  did  not  contribute.     Those  who  contributed  have  a  right  to 
membership  without  surrendering  their  pensions  to  the  Home.     Under  section 
4820  of  the  Revised  Statutes,  those  who  did  not  contribute  may  become  mem- 
bers by  making  such  surrender.     (Bowen  v.  U.  S.,  100  U.  S.,  508;  id.,  14  Ct. 
Cls.,  162.) 


570  MILITARY  LAWS   OF   THE  UNITED   STATES. 

First.  Every  soldier  of  the  Army  of  the  United  States  who  has 
served,  or  may  serve,  honestly  and  faithfully  twenty  years  in  the 
same. 

Second.  Every  soldier  and  every  discharged  soldier,  whether  regu- 
lar or  volunteer,  who  has  suffered,  or  may  suffer,  by  reason  of  disease 
or  wounds  incurred  in  the  service  and  in  the  line  of  his  duty,  render- 
ing him  incapable  of  further  military  service,  if  such  disability  was 
not  occasioned  by  his  own  misconduct. 

Third.  The  invalid  and  disabled  soldiers,  whether  regular  or  vol- 
unteers, of  the  wars  of  eighteen  hundred  and  twelve  and  of  all  sub- 
sequent wars.  Sec.  4881,  R.  S. 

1516.  Who  are  excluded. — The  benefits  of  the  Soldiers'  Home  shall 
not  be  extended  to  any  soldier  in  the  regular  or  volunteer  service  con- 
victed of  felony  or  other  disgraceful  or  infamous  crimes  of  a  civil 
nature  after  his  admission  into  the  service  of  the  United  States ;  nor 
shall  any  one  who  has  been  a  deserter,  mutineer,  or  habitual  drunkard 
be  received  without  such  evidence  of  subsequent  service,  good  con- 
duct, and  reformation  of  character  as  is  satisfactory  to  the  commis- 
sioners.   Sec.  4822,  R.  8. 

1517.  Who  shall  ~be  discharged. — Any  soldier  admitted  into  the 
Soldiers'  Home  for  disability  who  recovers  his  health,  so  as  to  become 
fit  again  for  military  service,  if  under  fifty  years  of  age,  shall  be 
discharged.1    Sec.  4823,  R.  S. 

1518.  Outdoor  relief. — That  the  board  of  commissioners  are  author- 
ized to  aid  persons  who  are  entitled  to  admission  to  the  Home,  by 
outdoor  relief,  in  such  manner  and  to  such  an  extent  as  they  may 
deem  proper;  but  such  relief  shall  not  exceed  the  average  cost  of 
maintaining  an  inmate  of  the  Home.    Sec.  6,  Act  of  Mar.  3, 1883  (22 
Stat.565). 

1519.  Rights  of  pensioners  and  surrender  of  pensions. — The  fact 
that  one  to  whom  a  pension  has  been  granted  for  wounds  or  disa- 
bility received  in  the  military  service  has  not  contributed  to  the  funds 
of  the  Soldiers'  Home  shall  not.  preclude  him  from  admission  thereto. 
But  all  such  pensioners  shall  surrender  their  pensions  to  the  Soldiers' 
Home  during  the  time  they  remain  therein  and  voluntarily  receive  its 
benefits.2    Sec.  4820,  R.  S. 

1520.  Allotment  of  their  pensions  l>y  inmates,  payment  of  pensions 
not  assigned  to  Treasurer,  etc. — Any  inmate  of  the  Home  who  is 
receiving  a  pension  from  the  Government,  and  who  has  a  child,  wife, 
or  parent  living,  shall  be  entitled,  by  filing  with  the  pension  agent 

1  See  Dig.  Opin.  J.  A.  G.,  1010,  I.  B.,  edition  1912. 

*  Section  4820,  Revised  Statutes,  admits  of  no  other  reasonable  construction 
than  that  only  invalid  pensioners  who  had  not  contributed  to  the  funds  of  the 
Soldiers'  Home  were  bound  to  surrender  to  it  their  pensions  while  receiving  its 
benefits.  (U.  S.  v.  Bo  wen,  100  U.  S.,  508 ;  see  paragraph  1520,  post) 


MILITARY  LAWS   OF   THE  UNITED   STATES.  571 

from  whom  he  receives  his  money  a  written  direction  to  that  effect, 
to  have  his  pension,  or  any  part  of  it,  paid  to  such  child,  wife,  or 
parent.  The  pensions  of  all  who  now  are  or  shall  hereafter  become 
inmates  of  the  Home,  except  such  as  shall  be  assigned  as  aforesaid, 
shall  be  paid  to  the  treasurer  of  the  Home.  The  money  thus  derived 
shall  not  become  a  part  of  the  funds  of  the  Home,  but  shall  be  held 
by  the  treasurer  in  trust  for  the  pensioner  to  whom  it  would  other- 
wise have  been  paid,  and  such  part  of  it  as  shall  not  sooner  have  been 
paid  to  him  shall  be  paid  to  him  on  his  discharge  from  the  institu- 
tion. The  board  of  commissioners  may  from  time  to  time  pay  over 
to  any  inmate  such  part  of  his  pension  money  as  they  think  best  for 
his  interest  and  consistent  with  the  discipline  and  good  order  of  the 
Home,  but  such  pensioner  shall- not  be  entitled  to  demand  or  have 
the  same  so  long  as  he  remains  an  inmate  of  the  Home.  In  case  of 
the  death  of  any  pensioner,  any  pension  money  due  him  remaining 
in  the  hands  of  the  treasurer  shall  be  paid  to  his  legal  heirs,  if  de- 
mand is  made  within  three  years;  otherwise  the  same  shall  escheat 
to  the  Home.  Sec.  4,  Act  of  Mar.  3, 1883  (22  Stat.  564). 

1521.  Inmates  subject  to  Articles  of  War. — All  persons  admitted 
into  the  Soldiers'  Home  shall  be  subject  to  the  Rules  and  Articles  of 
War  in  the  same  manner  as  soldiers  in  the  Army.1    Sec.  4824,  R-  S. 

1522.  Uniforms  to  ~be  furnished  inmates  free -of  cost. — A  suitable 
uniform  shall  be  furnished  to  every  inmate  of  the  Home,  without  cost 
to  him.    Sec.  5,  Act  of  Mar.  3, 1883  (22  Stat.  565). 

1523.  Liquor  licenses  prohibited  within  1  mile  of  the  Home. — On 
and  after  the  passage  of  this  act  no  license  for  the  sale  of  intoxicat- 
ing liquor  at  any  place  within  one  mile  of  the  Soldiers'  Home  prop- 
erty in  the  District  of  Columbia  shall  be  granted.     Act  of  Feb.  28, 
1891  (26  Stat.  797). 

NOTE. — The  National  Home  for  Disabled  Volunteer  Soldiers. 

The  National  Home  for  Disabled  Volunteer  Soldiers  was  established  under 
authority  of  act  of  Congress  of  March  3,  1865  (13  Stat.  509).  This  act  was 
amended  by  the  following  acts : 

Act  of  March  21,  1866  (14  Stat.  10)  ; 

Act  of  March  12,  1867  (15  Stat.  1)  ; 

Joint  resolution  of  June  8,  1868  (15  Stat.  253)  ; 

Joint  resolution  of  February  28,  1871  (16  Stat.  599) ; 

Act  of  January  23,  1873  (17  Stat.  417)  ; 

Act  of  March  3,  1875  (18  Stat.  359)  ; 

Joint  resolution  of  February  26,  1875  (18  Stat.  524). 

These  various  acts  were  carried  forward  into  the  Revised  Statutes  and  there 
appear  in  chapter  3,  title  59,  from  sections  4825  to  4837,  inclusive. 

Since  the  enactment  of  the  Revised  Statutes  the  most  important  acts  relat- 
ing to  the  National  Home  for  Disabled  Volunteer  Soliders,  are:  18  Stat.  359: 
20  Stat.  390;  21  Stat.  350,  447;  22  Stat.  322,  330;  24  Stat.  129,  251,  540;  25 
Stat.  387,  543.  657,  855;  27  Stat.  15,  384;  28  Stat.  159,  412,  492;  29  Stat.  445, 
517;  30  Stat.  54,  105,  640,  668,  1073,  1379;  31  Stat.  636,  745,  1175,  1178;  33  Stat. 
731;  35  Stat.  1012. 

1  See  Dig.  Opinion.  J.  A.  G.,  1010  I  A. 


572  MILITARY   LAWS   OF   THE   UNITED   STATES. 

Under  authority  conferred  by  separate  statutes  branch  homes  have  been 
established  at  the  following  places : 

The  Central  Branch,  at  Dayton,  Ohio. 

The  Northwestern  Branch,  at  Milwaukee,  Wis. 

The  Eastern  Branch,  at  Togus,  Me. 

The  Southern  Branch,  at  Hampton,  Va. 

The  Western  Branch,  at  Leavenworth,  Kans. 

The  Pacific  Branch,  at  Santa  Monica,  Cal. 

The  Marion  Branch,  at  Marion,  Ind. 

The  Danville  Branch,  at  Danville,  111. 

The  Johnson  City  Branch,  at  Johnson  City,  Tenn. 

Battle  Mountain  Sanitarium,  Hot  Springs,  S.  Dak. 

As  to  aid  offered  States  and  Territorial  homes  for  disabled  soldiers  see  the 
following  acts :  Sec.  4825,  R.  S. ;  25  Stat.  450,  975 ;  30  Stat.  1379. 

Admissions  to  the  home. — Hereafter  the  following  persons  only  shall  be  en- 
titled to  the  benefits  of  the  National  Home  for  Disabled  Volunteer  Soldiers  and 
may  be  admitted  thereto  upon  the  order  of  a  member  of  the  board  of  managers, 
namely:  All  honorably  discharged  officers,  soldiers,  and  sailors  who  served  in 
the  regular  or  volunteer  forces  of  the  United  States  in  any  war  in  which  the 
country  has  been  engaged,  who  are  disabled  by  disease,  wounds,  or  otherwise, 
and  who  have  no  adequate  means  of  support,  and  by  reason  of  such  disability 
are  incapable  of  earning  their  living.  (Act  of  May  26,  1900,  31  Stat.  217.) 

All  honorably  discharged  soldiers  and  sailors  who  served  in  the  War  of  the 
Rebellion  and  the  Spanish-American  War,  and  the  provisional  army  and  the 
volunteer  soldiers  and  sailors  of  the  War  of  1812  and  of  the  Mexican  War, 
who  are  disabled  by  age,  disease,  or  otherwise,  and  by  reason  of  such  disability 
are  incapable  of  earning  a  living,  shall  be  admitted  into  the  Home  for  Disabled 
Volunteer  Soldiers.  (Act  of  January  28,  1901,  31  Stat.  745.) 


CHAPTER  XXXVII, 


CARE  OF  THE  INSANE. 


Par. 


Government  Hospital  for  the  In- 


sane    1524-1527 

Establishment 1524 

Admissions;  insane  of  Army,  etc .  1525 


Par. 

In  California  asylums 1526 

Insane  Filipino  soldiers 1527 


GOVERNMENT    HOSPITAL   FOR   THE    INSANE.1 

1524.  Establishment.  —  There  shall  be  in  the  District  of  Columbia  a 
Government  Hospital  for  the  Insane,  and  its  objects  shall  be  the 
most  humane  care  and  enlightened  curative  treatment  of  the  insane 
of  the  Army  and  Navy  of  the  United  States  and  of  the  District  of 
Columbia.    Sec.  4838,  R.  S. 

1525.  Admissions;  insane  of  Army,  etc.  —  The  superintendent,  upon 
the  order  of  the  Secretary  of  War,  of  the  Secretary  of  the  Navy,  and 
of  the  Secretary  of  the  Treasury,  respectively,  shall  receive,  and 
keep  in  custody  until  they  are  cured,  or  removed  by  the  same  author- 
ity which  ordered  their  reception,  insane  persons  of  the  following 
descriptions  : 

First.  Insane  persons  belonging  to  the  Army,  Navy,  Marine  Corps, 
and  Re  venue-  Cutter  Service. 

Second.  Civilians  employed  in  the  Quartermaster's,  Pay,  and 
Subsistence  Departments  of  the  Army  who  may  be,  or  may  here- 
after become,  insane  while  in  such  employment.  Sec.  4.843,  R.  £., 
as  amended  ~by  Act  of  Feb.  9,  1900  (31  Stat.  7). 

Third.  Men  who,  while  in  the  service  of  the  United  States,  in  the 
Army,  Navy,  or  Marine  Corps,  have  been  admitted  to  the  hospital, 
and  have  been  thereafter  discharged  from  it  on  the  supposition  that 
they  have  recovered  their  reason,  and  have,  within  three  years  after 
such  discharge,  become  again  insane  from  causes  existing  at  the  time 
of  such  discharge,  and  have  no  adequate  means  of  support. 

Fourth.  Indigent  insane  persons  who  have  been  in  either  of  the 
said  services  and  been  discharged  therefrom  on  account  of  disability 
arising  from  such  insanity. 


sundry  civil  act  of  June  25,  1910  (35  Stat.  703),  contained  an  item 
(p.  724)  "for  the  care,  maintenance,  and  treatment  at  asylums  in  Porto  Rico 
of  insane  soldiers  of  the  Porto  Rico  Regiment  of  Infantry  "  ;  and  since  then 
provision  has  been  made  for  the  purpose  in  the  annual  acts  for  the  support 
of  the  Army. 

573 


574  MILITARY   LAWS   OF    THE   UNITED   STATES. 

Fifth.  Indigent  insane  persons  who  have  become  insane  within 
three  years  after  their  discharge  from  such  service,  from  causes 
which  arose  during  and  were  produced;  by  said  service.1  Sec.  484$i 
R.  8.,  as  amended  ly  Act  of  Feb.  9,  1900  (31  Stat.  7). 

1526.  In  California  asylums.  —  The  Secretary  of  War  may,  in  his 
discretion,  contract  for  the  care,  maintenance,  and  treatment  of  the 
insane  of  the  Army,  and  inmates  of  the  National  Home  for  Disabled 
Volunteer  Soldiers  on  the  Pacific  coast  at  any  State  asylum  in  Cali- 
fornia, in  all  cases  which  he  is  now  authorized  by  law  to  cause  to  be 
sent  to  the  Government  Hospital  for  the  Insane  in  the  District  of 
Columbia.    Act  of  Mar.  3,  1901  (31  Stat.  1163). 

1527.  Insane  Filipino  soldiers.  —  The  Secretary  of  War  may,  in  his 
discretion  contract  for  the  care,  maintenance,  and  treatment  of  the 
insane  natives  of  the  Philippine  Islands  serving  in  the  Army  of  the 
United  States  at  any  asylum  in  the  Philippine  Islands  in  all  cases 
which  he  is  now  authorized  by  law  to  cause  to  be  sent  to  the  Govern- 
ment Hospital  for  the  Insane  in  the  District  of  Columbia.    Act  of 
May  11,  1908  (35  Stat. 


1  The  right  to  admission  to  the  asylum  has  been  extended  by  statute  to  include 
the  following  classes  of  cases  : 

(1)  To  insane  convicts  serving  sentences  of  confinement  imposed  by  United 
States  courts.     (Act  of  June  23,  1874,  18  Stat.  251.) 

(2)  To  persons  in  custody  charged  with  crime  against  the  United  States. 
(Act  of  Aug.  7,  1882,  22  Stat.  202.) 

(3)  To  inmates  of  the  several  branches  of  the  National  Home  for  Disabled 
Volunteer  Soldiers  who  may  become  insane.     (Act  of  Aug.  7,  1882,  22  Stat.  302.) 

(4)  To  inmates  of  the  Soldiers'  Home  who  may  become  insane.     (Act  of  July 
7,  1884,  23  Stat.  194.)    The  expense  of  maintenance  to  be  paid  from  the  Soldiers' 
Home  fund. 


CHAPTER 


FLAG  AND  SEAL  OF  THE  UNITED  STATES. 


Par. 
The  flag  to  be  thirteen  stripes  and 

forty-eight  stars 1528 

A  star  to  be  added  for  every  new 

State...  .  1529 


Par. 

Seal  of  the  United  States 1530 

Secretary  of  State  to  keep  and  affix 
the  seal...  .  1531 


1528.  The  flag  to  be  thirteen  stripes  and  forty-eight  stars. — The 
flag  of  the  United  States  shall  be  thirteen  horizontal  stripes,  alter- 
nate red  and  white;  and  the  union  of  the  flag  shall  be  [forty-eight] 
stars,  white  in  a  blue  field.1    Sec.  1791,  R.  S. 

1529.  A  star  to  be  added  for  every  new  State. — On  the  admission 
of  a  new  State  into  the  Union  one  star  shall  be  added  to  the  union 
of  the  flag;  and  such  addition  shall  take  effect  on  the  fourth  day  of 
July  then  next  succeeding  such  admission.2    Sec.  179%,  R.  S. 

1530.  Seal  of  the  United  States. — The  seal  heretofore  used  by  the 
United  States  in  Congress  assembled  is  declared  to  be  the  seal  of  the 
United  States.     Sec.  1793,  R.  S. 

1531.  Secretary  of  State  to  keep  and  affix  the  seal. — The  Secretary 
of  State  shall  keep  such  seal,  and  shall  make  out  and  record,  and  shall 
affix  the  same  to,  all  civil  commissions  for  officers  of  the  United 
States,3  to  be  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  or  by  the  President  alone.     But  the  seal  shall 
not  be  affixed  to  any  commission  before  the  same  has  been  signed  by 
the  President  of  the  United  States,  nor  to  any  other  instrument, 
without  the  special  warrant  of  the  President  therefor.    Sec.  1794, 
K.S. 

1  See  pars.  215  and  216  A.  R.,  1913,     Also  Bulletins  11  and  23,  War  Depart- 
ment, 1912. 

a  See  Dig.  Opin.  J.  A.  G.,  629  I-V  and  20  I,  edition  1912. 

"  The  commissions  of  military  officers  now  bear  the  seal  of  the  War  Depart- 
ment.    (Act  of  Mar.  28,  1896,  29  Stat.  75.) 

575 


CHAPTER  XXXIX. 


THE  ARTICLES  OF  WAR.1 


Section. 

1342.  Articles  of  war. 

Article. 

1.  Officers   shall   subscribe   these   ar- 

ticles. 

2.  Articles  to  be  read  to  recruits. 

3.  Officers    making    unlawful    enlist5" 

ments. 

4.  Discharges. 

5.  Mustering  persons  not  soldiers. 

6.  Taking  money  on  mustering. 

7.  Return  of  regiments,  etc. 

8.  False  returns. 

9.  Captured  stores  secured  for  public 

service. 
10.  Accountability  for  arms,  etc. 


Article. 

11.  Furloughs. 

12.  Musters. 

13.  False  certificates. 

14.  False  muster. 

15.  Allowing  military  stores  to  be  dam- 

aged. 

16.  Wasting  ammunition, 

17.  Losing  or  spoiling  horses,  accouter- 

ments,  etc. 

18.  Commanders  not  to  be  interested  in 

sale  of  victuals,  etc. 

19.  Disrespectful    words    against    the 

President,  etc. 

20.  Disrespect     toward     commanding 

officer. 


1  HISTORICAL    NOTE. 

In  the  early  periods  of  English  history  military  law  existed  only  in  time  of 
actual  war.  When  war  broke  out  troops  were  raised  as  occasion  required,  and 
ordinances  for  their  government,  or,  as  they  were  afterwards  called,  articles  of 
war,  were  issued  by  the  Crown,  with  the  advice  of  the  constable  or  of  the 
peers  or  other  experienced  persons,  or  were  enacted  by  the  commander  in  chief 
in  pursuance  of  an  authority  for  that  purpose  given  in  his  commission  from 
the  Crown.  (Grose,  Military  Antiquities,  vol.  2,  p.  58.) 

These  ordinances  or  articles,  however,  remained  in  force  only  during  the 
service  of  the  troops  for  whose  government  they  were  issued,  and  ceased  to 
operate  on  the  conclusion  of  peace.  Military  law  in  time  of  peace  did  not  come 
into  existence  until  the  passing  of  the  first  mutiny  act  in  1689. 

The  system  of  governing  troops  in  active  service  by  articles  of  war,  issued 
under  the  prerogative  power  of  the  Crown,  whether  issued  by  the  King  himself, 
or  by  the  commanders  in  chief,  or  by  other  officers  holding  commissions  from 
the  Crown,  continued  from  the  time  of  the  Conquest  till  long  after  the  passing 
of  the  annual  mutiny  acts  (Barwis  v.  Keppel,  2  Wilson's  Rep.,  314),  and  did 
not  actually  cease  till  the  prerogative  power  of  issuing  such  articles  was  super- 
seded in  1803  by  a  corresponding  statutory  power.  (43  Geo.  Ill,  ch.  20.) 

The  earlier  articles  were  of  excessive  severity,  inflicting  death  or  loss  of  limb 
for  almost  every  crime.  Gradually,  however,  they  assumed  something  of  the 
shape  which  they  bear  in  modern  times,  and  the  ordinances  or  articles  of  war 
issued  by  Charles  I  in  1672  formed  the  groundwork  of  the  Articles  of  War  of 
1878,  which  were  consolidated  with  the  mutiny  act  in  the  army  discipline  and 
regulation  act  of  1879,  which  was  replaced  by  the  army  act  of  1881.  The 
army  act  of  1881,  which  now  constitutes  the  military  code  of  the  British  Army, 
has  of  itself  no  force,  but  requires  to  be  brought  into  operation  annually  by 
another  act  of  Parliament,  thus  securing  the  constitutional  principle  of  the 
control  of  the  Parliament  over  the  discipline  requisite  for  the  government  of 
the  army.  (Manual  of  Military  Law,  War  Office,  Pall  Mall,  1884,  pp.  9-18.) 

The  Rules  and  Articles  of  War  were  derived  originally  from  the  English 
mutiny  act  and  articles  of  war  under  the  following  circumstances:  In  May, 

48985°— 15 37  577 


578 


MILITARY   LAWS   OF    THE   UNITED    STATES. 


Article. 

21.  Striking  superior  officer. 

22.  Mutiny. 

23.  Failing  to  resist  mutiny. 

24.  Quarrels  and  frays. 

25.  Reproachful  or  provoking  speeches. 

26.  Challenges  to  fight  duels. 

27.  Allowing   persons   to   go   out   and 

fight;  seconds  and  promoters. 

28.  Upbraiding    another    for    refusing 

challenge. 

29.  Wrongs  to  officers,  redress  of. 

30.  Wrongs  to  soldiers,  redress  of. 

31.  Lying  out  of  quarters. 

32.  Soldiers  absent  without  leave. 

33.  Absence     from     parade     without 

leave. 

34.  One     mile     from     camp     without 

leave. 

35.  Failing  to  retire  at  retreat. 

36.  Hiring  duty. 

37.  Conniving  at  hiring  duty. 

38.  Drunk  on  duty. 

39.  Sentinel  sleeping  on  post. 

40.  Quitting  guard,  etc.,  without  leave. 

41.  False  alarms. 

42.  Misbehavior     before     the     enemy, 

cowardice,  etc. 

43.  Compelling  a  surrender. 

44.  Disclosing  watchword. 

45.  Relieving  the  enemy. 

46.  Corresponding  with  the  enemy. 

47.  Desertion. 


Article. 

48.  Deserter  shall  serve  full  term. 

49.  Desertion  by  resignation. 

50.  Enlisting  in  other  regiment  with- 

out discharge. 

51.  Advising  to  desert. 

52.  Misconduct  at  divine  service. 

53.  Profane  oaths. 

54.  Officers  to  keep  good  order  in  their 

commands. 

55.  Waste  or  spoil  and  destruction  of 

property  without  orders. 

56.  Violence  to  persons  bringing  pro- 

visions. 

57.  Forcing  a  safeguard. 

58.  Certain  crimes  during  rebellion. 

59.  Offenders,    to   deliver   up   to   civil 

magistrates. 

60  Certain  crimes  of  fraud  against  the 
United  States. 

61.  Conduct  unbecoming  an  officer  and 

gentleman. 

62.  Crimes  and  disorders  to  prejudice 

of  military  discipline. 

63.  Retainers  of  camp. 

64.  All   troops  subject   to  Articles  of 

War. 

65.  Arrest  of  officers  accused  of  crimes. 

66.  Soldiers  accused  of  crimes. 

67.  Receiving  prisoners. 

68.  Report  of  prisoners. 

69.  Releasing    prisoner    without    au- 

thority; escapes. 


1775,  the  Continental  Congress  met  in  Philadelphia  and  at  once  proceeded  to 
levy  and  organize  an  army.  A  system  of  rules  for  its  government  was,  of 
course,  indispensable.  The  Members  of  this  Congress  were  naturally  familiar 
with  the  English  military  code.  The  local  troops  serving  with  the  English 
forces  sent  to  this  country  in  1754  had  been  brought  under  the  mutiny  act, 
while  the  armies  of  Gage  and  Burgoyne  were  governed  by  the  English  code  at 
the  time  the  first  "  Continental  troops  "  were  raised.  It  was  but  natural,  there- 
fore, that  this  body  should  turn  to  the  mutiny  act  as  a  model,  and  on  June  30, 
1775,  the  Congress  promulgated  articles,  69  in  number,  for  the  government  of 
the  Continental  troops.  These  articles  were  adopted  from  the  English,  in  the 
same  form  as  our  present  articles,  modified,  however,  to  meet  the  milder  views 
which  were  entertained  by  a  people  who  entertained  an  objection  to  a  standing 
army.  Additions  were  made  in  November  of  this  year,  but  were  repealed  by 
the  act  of  September  30,  1776,  and  new  articles  adopted.  These  articles,  102 
in  number,  were  modeled  upon  the  British  form  and  were  arranged  in  18 
sections.  With  some  modifications,  they  remained  in  force  until  1806. 

In  September,  1789,  they  were  formally  recognized  and  adapted  to  the  new 
Constitution  by  the  First  Congress  of  the  United  States.  In  1806  the  articles, 
101  in  number,  were  rearranged  and  promulgated  by  Congress  (Act  of  Apr.  10, 
1806;  2  Stat.  p.  359)  ;  the  divisions  into  sections  were  dropped  and  the  old 
model  substituted.  These,  with  five  or  six  modifications,  remained  in  force 
for  nearly  70  years,  and  were  the  governing  code  of  the  Army  until  the 
passage  of  the  act  of  June  22,  1874  (I\es,  Mil.  Law,  p.  17)  (18  Stat.  113).  These 
articles  are  embodied  in  the  Revised  Statutes  as  sections  1342  and  1343  of 
that  work. 


MILITARY   LAWS   OF   THE   UNITED   STATES. 


579 


Article. 

70.  Duration  of  confinement. 

71.  Copy  of  charges  and  time  of  trial. 

72.  Who  may  appoint  general  courts- 

martial.    Repealed. 

73.  Commanders  of  divisions  and  sep- 

arate brigades  may  appoint  in 
time  of  war.     Repealed. 

74.  Judge  advocate. 

75.  Members   of   general   courts-mar- 

tial.    Repealed. 

76.  When  requisite  number  not  at  a 

post. 

77.  Regular  officers,  on  what  courts 

may  sit. 

78.  Marine  and  Regular  Army  officers 

associated  on  courts. 

79.  Officers  triable  by  general  courts- 

martial. 

80.  The  summary  court.    Repealed. 

81.  Regimental  courts.     Rep.ealed. 

82.  Garrison  courts.     Repealed. 

83.  Jurisdiction  of  field  officers',  regi- 

mental,   and    garrison    courts. 
Repealed. 

84.  Oath  of  members  of  courts-mar- 

tial. 

85.  Oath  of  judge  advocate. 

86.  Contempts  of  court. 

87.  Behavior  of  members. 

88.  Challenges  by  prisoner. 

89.  Prisoner  standing  mute. 

90.  Judge   advocate,    prosecutor,   and 

counsel  for  prisoner. 

91.  Depositions. 

92.  Oath  of  witness. 

93.  Continuances. 

94.  Hours  of  sitting.    Repealed. 

95.  Order  of  voting. 

96.  Sentence  of  death. 

97.  Penitentiaries. 

98.  Flogging. 

99.  Discharge    and    dismissal    of    of- 

ficers. 

100.  Publication   of  officers   cashiered 

for  cowardice  or  fraud. 

101.  Suspension  of  officers'  pay. 

102.  No  person  tried  twice  for   same 

offense,  etc. 

103.  Limitation  of  time  of  prosecution. 

SECTION  1342.  The  armies  of  the  United  States  shall  be  governed 
by  the  following  rules  and  articles.  The  word  officer,  as  used  therein, 
shall  be  understood  to  designate  commissioned  officers;  the  word 


Article. 

104.  Approval   of   sentence   by    officer 

ordering  court. 

105.  Confirmation  of  death  sentence. 

106.  Confirmation     of     dismissals     in 

time  of  peace. 

107.  Dismissal  by  division  or  brigade 

courts. 

108.  General     officers,     sentences     re- 

specting. 

109.  Confirmation   by   officer   ordering 

court. 

110.  Confirmation     of     field     officers' 

sentences. 

111.  Suspension  of  sentence  of  death 

or  dismissal. 

112.  Pardon    and    mitigation    of    sen- 

tences. 

113.  Proceedings   forwarded   to   judge 

advocate  general. 

114.  Party  entitled  to  a  copy. 

115.  Courts  of  inquiry,  how  ordered. 

116.  Members   of  court   of   inquiry- 

117.  Oaths  of  members  and  recorder 

of  court  of  inquiry. 

118.  Witnesses    before    courts    of    in- 

quiry. 

119.  Opinion,  when  given  by. 

120.  Authentication  of  proceedings  of 

court  of  inquiry. 

121.  Proceedings  of  court   of  inquiry 

used  as  evidence. 

122.  Command    when    different    corps 

happen  to  join. 

123.  Regular  and  volunteer  officers  jn 

same  footing  as  to   rank,   etc. 
Repealed. 

124.  Rank  of  militia  officers  on  duty 

with  officer  of  regular  or  volun- 
teer forces. 

125.  Deceased  officers'  effects. 

126.  Deceased  soldiers'  effects. 

127.  Effects  of   deceased   officers  and 

soldiers  to  be  accounted  for. 

128.  Articles  of  War  to  be  published 

once   in   six    months    to   every 
regiment,  etc. 
Section. 

1343.  Spies. 


580  MILITARY   LAWS   OF   THE  UNITED   STATES. 

soldier  shall  be  understood  to  include  noncommissioned  officers,  musi- 
cians, artificers,  and  privates,  and  other  enlisted  men,  and  the  con- 
victions mentioned  therein  shall  be  understood  to  be  convictions  by 
court-martial.1  Sec.  134%,  R-  S. 

That  whenever  by  any  of  the  Articles  of  War  for  the  government 
of  the  Army  the  punishment  on  conviction  of  any  military  offense  is 
left  to  the  discretion  of  the  court-martial,  the  punishment  therefor 
shall  not,  in  time  of  peace,  be  in  excess  of  a  limit  which  the  President 
may  prescribe.2  Act  of  September  87,  1890  (26  Stat.  491). 

ARTICLE  1.  Every  officer  now  in  the  Army  of  the  United  States 
shall  within  six  months  from  the  passing  of  this  act,  and  every  officer 
hereafter  appointed  shall  before  he  enters  upon  the  duties  of  his 
office,  subscribe  these  rules  and  articles. 

ART.  2.  These  rules  and  articles  shall  be  read  to  every  enlisted  man 
at  the  time  of  or  within  six  days  after  his  enlistment,  and  he  shall 
thereupon  take  an  oath  or  affirmation  in  the  following  form :  "  I, 
A.  B.,  do  solemnly  swear  (or  affirm)  that  I  will  bear  true  faith  and 
allegiance  to  the  United  States  of  America ;  that  I  will  serve  them 
honestly  and  faithfully  against  all  their  enemies  whomsoever,  and 
that  I  will  obey  the  orders  of  the  President  of  the  United  States  and 
the  orders  of  the  officers  appointed  over  me,  according  to  the  rules 
and  articles  of  war."  This  oath  may  be  taken  before  any  commis- 
sioned officer  of  the  Army.3 

1  The  Army  and  Navy  of  the  United  States  are  engaged  in  the  performance  of 
public,  not  private,  duties.     Service  in  the  army  or  navy  of  one's  country,  ac- 
cording to  the  terms  of  the  enlistment,  never  implies  slavery  or  involuntary 
servitude,  even  where  the  soldier  or  sailor  is  required  against  his  will  to  respect 
the  terms  upon  which  he  voluntarily  engaged  to  serve  the  public.     Involuntary 
service  rendered  for  the  public,  pursuant  as  well  to  the  requirements  of  a  stat- 
ute as  to  a  previous  voluntary  engagement,  is  not,  in  any  legal  sense,  either 
slavery  or  involuntary  servitude.     (Robertson  v.  Baldwin,  165  U.  S.,  275,  299.) 
(Dissenting  opinion  of  Justice  Harlan.) 

2  Under  the  authority  conferred  by  this  statute  executive  orders  have  been 
issued  prescribing  limits  of  punishment  for  offenses  to  which  specific  penalties 
are  not  attached  in  the  Articles  of  War. 

3  The  taking  of  the  oath  prescribed  by  this  article  is  not  an  essential  to  the 
validity  of  an  enlistment.     It  is,  however,  an  almost  invariable  part  of  a  regular 
formal  enlistment,  and  in  the  absence  of  any  provision  in  our  law  defining  in 
what  an  enlistment  shall  consist,  it  is  important  that  it  should  not  be  omitted 
for  the  reason  that  the  oath  as  taken  and  subscribed  by  the  party  constitutes 
the  regular  and  in  some  cases  the  only  legal  written  evidence  that  the  personal 
act  of  enlisting  has  been  completed  by  him.     Dig.  of  J.  A.  G.,  603  IA  2  and  602, 
note  1.     See  Grimley's  case  (137  U.  S.,  147),  in  which  it  was  held  that  the  oath 
of  allegiance  was  the  pivotal  fact  which  changed  the  status  from  that  of  civil- 
ian to  soldier.     Section  11  of  the  act  of  August  3,  1861  (12  Stat.  239),  conferred 
authority  to  administer  the  oath  of  allegiance  upon  any  commissioned  officer 
of  the  Army. 

The  statement  in  regard  to  age,  incorporated  in  the  printed  blank  which  con- 
tains the  form  of  oath  prescribed  by  this  article,  is  no  part  whatever  of  the 
legal  oath.  (Dig.  Op.  J.  A.  G..  603  IA  2a.)  As  to  the  method  of  enlistment  in 
the  case  of  volunteers,  see  Dig.  Op.  J.  A.  G.,  604,  note  3. 

By  direction  of  the  Secretary  of  War,  suqh  of  the  Articles  of  War  as  relate 
specially  to  the  duties  and  rights  of  enlisted  men  and  the  penalties  for  mili- 
tary crimes  will  be  plainly  read,  and  so  far  as  necessary,  explained  to  each 


MILITARY   LAWS   OF   THE   UNITED   STATES.  581 

ART.  3.  Every  officer  who  knowingly  enlists  or  musters  into  the 
military  service  any  minor  over  the  age  of  sixteen  years  without  the 
written  consent  of  his  parents  or  guardians,  or  any  minor  under  the 
age  of  sixteen  years,  or  any  insane  or  intoxicated  persons,  or  any 
deserter x  from  the  military  or  naval  service  of  the  United  States,  or 
any  person  who  has  been  convicted  of  any  infamous  criminal  offense 
shall,  upon  conviction,  be  dismissed  from  the  service  or  suffer  such 
other  punishment  as  a  court-martial  may  direct.2 

Fraudulent  enlistment,  and  the  receipt  of  any  pay  or  allowance 
thereunder,  is  hereby  declared  a  military  offense  and  made  punish- 
able, by  a  court-martial,  under  the  sixty-second  Article  of  War.8 
Sec.  3,  Act  of  July  27, 189%  (27  Stat.  277). 

ART.  4.  No  enlisted  man,  duly  sworn,  shall  be  discharged  from  the 
service  without  a  discharge  in  writing,  signed  by  a  field  officer  of  the 
regiment  to  which  he  belongs,  or  by  the  commanding  officer,  when  no 
field  officer  is  present ;  and  no  discharge  shall  be  given  to  an  enlisted 
man  before  his  term  of  service  has  expired,  except  by  order  of  the 
President,  the  Secretary  of  War,  the  commanding  officer  of  a  depart- 
ment, or  by  sentence  of  a  general  court-martial.* 

recruit  just  before  administering  to  him  the  oath  of  enlistment.     (G.  O.  210, 
A.  G.  O.,  1899.) 

1  As  to  reenlistment  of  deserters  or  those  whose  previous  service  has  not  been 
honorable,  see  1052. 

2  Whether  enlistments  are  void  or  voidable,  see  Dig.  Op.  J.  A.  G.,  607  f  5  and 
f  6,  and  notes  thereunder. 

8  As  to  fraudulent  enlistment,  see  Dig.  Op.  J.  A.  G.,  605-610  I  A  9  a-I  A  9  o, 
and  notes  thereunder. 

4  The  4th  Article  of  War  prescribes  that  "  no  enlisted  man,  duly  sworn,  shall 
be  discharged  from  the  service  without  a  discharge  in  writing,  signed  by  a  field 
officer  of  the  regiment  to  which  he  belongs,  or  by  the  commanding  officer  when 
no  field  officer  is  present,"  &c.  In  the  corresponding  Article  (the  llth)  of  the 
Articles  of  War  of  1806  the  language  was : 

"  After  a  non-commissioned  officer  or  soldier  shall  have  been  duly  enlisted  and 
sworn,  he  shall  not  be  dismissed  the  service  without  a  discharge  in  writing;  and 
no  discharge  granted  to  him  shall  be  sufficient  which  is  not  signed  by  a  field 
officer  of  the  regiment  to  which  he  belongs  or  commanding  officer  when  no  field 
officer  of  the  regiment  is  present,"  &c. 

The  Article  of  1806  was  almost  word  for  word  a  repetition  of  Article  2  of 
Section  III  of  the  Articles  of  1776,  as  the  latter  was  of  Article  2  of  Section  III 
of  the  British  Articles  of  1774,  from  which  the  American  Articles  were  copied. 
Among  the  offences  made  punishable  by  the  British  Mutiny  Act  of  1774  is  found 
a  soldier's  listing  himself  "  in  any  other  regiment,  troop,  or  company,  without 
a  discharge  produced,  in  writing,  from  the  colonel,  or,  in  his  absence,  the  field 
officer  commanding  in  chief  the  regiment,  troop,  or  company  in  which  he  last 
served  as  a  listed  soldier — "  which  will  be  recognized  as  relating  to  the  same 
subject  with  our  present  50th  (formerly  22d)  Article  of  War. 

This  provision  of  the  Mutiny  Act  can  be  traced  back  to  1716,  when  it  ap- 
peared in  the  following  words :  "  Or  being  a  soldier  actually  listed  in  any  regi- 
ment shall  list  himself  into  any  other  regiment  without  a  discharge  from  the 
first  regiment."  In  1717  it  was :  "  Or  being  a  soldier  actually  listed  in  any  regi- 
ment shall  list  privately  in  another  without  discharge."  The  Article  of  War  at 
this  time  (1717)  was  as  follows: 

"  No  Non-commission  Officer,  or  Soldier,  shall  leave  his  Troop  or  Company, 
and  inlist  himself  in  any  other  Regiment,  Troop,  or  Company,  without  a  Dis- 
charge from  the  Commanding  Officer  of  the  Regiment  in  which  he  last  served 


582  MILITARY   LAWS   OF    THE  UNITED   STATES. 

ART.  5.  Any  officer  who  knowingly  musters  as  a  soldier  a  person 
who  is  not  a  soldier  shall  be  deemed  guilty  of  knowingly  making  a 
false  muster,  and  punished  accordingly. 

ART.  6.  Any  officer  who  takes  money,  or  other  thing,  by  way  of 
gratification,  on  mustering  any  regiment,  troop,  battery,  or  company, 
or  on  signing  muster-rolls,  shall  be  dismissed  from  the  service,  and 
shall  thereby  be  disabled  to  hold  any  office  or  employment  in  the 
service  of  the  United  States. 

ART.  7.  Every  officer  commanding  a  regiment,  an  independent 
troop,  battery,  or  company,  or  a  garrison,  shall,  in  the  beginning  of 

under  Pain  of  being  reputed  a  Deserter,  and  suffering  Death  for  it,  or  such 
other  Punishment  as  a  Court-Martial  shall  inflict. 

"And  in  case  any  Officer  shall  knowingly  receive,  or  entertain,  any  such  Non- 
commission  Officer  or  Soldier ;  upon  Proof  made  thereof  before  a  General  Court- 
Martial,  he  shall  be  cashiered : 

"  Nor  shall  any  Discharge  granted  to  any  Non-commission  Officer,  or  Soldier 
be  allowed  of  as  sufficient,  unless  signed  by  a  Field  Officer  of  the  Regiment 
whence. such  Soldier  was  dismissed." 

This  appears  to  have  been  the  first  Article  of  War  which  required  a  discharge 
in  writing.  (Clode  Mil.  &  Mar.  Law,  2d  Ed.  p.  260,  n.)  In  the  Articles  of  War 
of  William  and  Mary,  of  1692,  there  was  an  article  which  read  as  follows : 

"  No  commission  officer  after  enrollment  and  being  mustered  shall  be  dis- 
missed or  cashiered  without  order  from  His  Majesty;  the  General,  or  Com- 
mander in  Chief  for  the  time  being,  or  a  General  Court-Martial.  But  the  Cap- 
tains with  the  approbation  of  their  Colonels  or  of  the  Governors  of  the  Garri- 
son, where  they  are,  may  discharge  any  non-commission  officer  or  private  soldier 
when  they  find  cause,  taking  other  non-commission  officer  or  private  soldier  in 
their  places ;  Provided  that  such  Colonel  or  Governor  shall  forthwith  certify 
the  same  to  the  Commissary-General  of  the  Musters,  that  (by  their  approba- 
tion) such  non-commission  officers  or  soldiers  were  discharged,  and  others  taken 
in  their  places  respectively,  and  in  Quarters  and  Garrisons  where  there  are  only 
single  troops,  or  companies,  the  Captains'  Certificates  are  forthwith  to  be  sent 
and  accepted  by  the  Commissary-General,  expressing  the  day  of  each  non- 
commission  officers  and  soldiers  discharge  or  death,  and  who  hath  been  enter- 
tained in  his  place." 

This  article  contained  no  requirement  of  a  discharge  in  writing. 

In  a  celebrated  case — Grant  v.  Gould — decided  in  1792,  Lord  Loughborough 
said:  "A  person  in  pay  as  a  soldier  is  fixed  with  the  character  of  a  soldier,  and 
if  once  he  becomes  subject  to  the  military  character,  he  never  can  be  released, 
but  by  a  regular  discharge."  By  "  regular  discharge  "  it  has  been  understood 
that  Lord  Loughborough  meant  discharge  in  writing.  Accepting  this  as  correct, 
there  is  an  important  fact  to  be  taken  into  consideration  in  connection  with 
Lord  Loughborough's  ruling,  namely  that  at  that  time,  as  well  as  in  1717,  when 
what  was  probably  the  original  article  was  adopted,  enlistments  were  for  life. 
Under  Queen  Anne  a  three  years'  term  was  general;  under  the  special  circum- 
stances of  1745  men  were  enlisted  for  two  years ;  and  in  1759  and  1775  the  term 
was  three  years,  or  till  the  end  of  the  war.  (Army  Book  of  the  British  Em- 
pire, p.  17.)  And  again  in  1793  enlistments  were  for  a  limited  time.  But  in 
1792,  as  well  as  in  1717,  they  were  for  life,  and  it  was  with  reference  to  this 
fact  that  Lord  Loughborough's  frequently  cited  decision  was  rendered.  It 
might  be  held  that  on  account  of  this  fact  a  peculiar  meaning  attached  to  the 
Article  of  War  which  could  not  be  given  to  it  when  enlistments  were  for  lim- 
ited terms.  Clode  says :  "  It  must  not  be  supposed  that  the  '  discharge '  is  the 
only  test  of  status.  It  was  held  so  to  be  in  Grant  v.  Gould,  but  then  the  enlist- 
ment being  for  life,  the  onus  of  proof  rested  on  the  enlisted  soldier  to  prove  his 
discharge."  (Clode,  p.  260.)  In  speaking  of  the  "discharge"  as  a  test  of 
status  he  meant  the  discharge  in  writing  or  certificate  of  discharge. 

The  present  law  and  practice  in  regard  to  this  subject  in  Great  Britain  is 
thus  explained  in  the  "  British  Manual  of  Military  Law,"  issued  from  the  War 
Office: 

"  The  terms  of  the  enlistment  of  a  soldier,  since  he  has  been  enlisted  directly 
by  the  Crown,  have  always  been  to  serve  the  Sovereign  so  long  as  his  services 


MILITARY   LAWS   OF   THE   UNITED   STATES.  583 

every  month,  transmit  through  the  proper  channels,  to  the  Depart- 
ment of  War,  an  exact  return  of  the  same  specifying  the  names  of 
the  officers  then  absent  from  their  posts,  with  the  reasons  for  and  the 
time  of  their  absence.  And  any  officer  who,  through  neglect  or  de- 
sign, omits  to  send  such  returns,  shall,  on  conviction  thereof,  be 
punished  as  a  court-martial  may  direct. 

ART.  8.  Every  officer  who  knowingly  makes  a  false  return  to  the 
Department  of  War,  or  to  any  of  his  superior  officers  authorized  to 
call  for  such  returns,  of  the  state  of  the  regiment,  troop,  or  company, 
or  garrison  under  his  command ;  or  of  the  arms,  ammunition,  cloth- 
ing, or  other  stores  thereunto  belonging,  shall,  on  conviction  thereof 
before  a  court-martial,  be  cashiered.1 

are  required,  within  the  period  for  which  he  agrees  to  serve;  conseqeuntly  the 
Sovereign  has  always  had  power  to  discharge  the  soldier.  But  a  soldier  can 
not  be  discharged  except  by  order  of  the  Sovereign  or  by  statutory  power,  such 
as  the  sentence  of  a  court  martial,  to  which  is  added  in  the  Army  act,  an 
'  order  of  the  competent  military  authority.' 

"A  soldier  on  his  discharge  is  entitled  to  receive  a  certificate  of  discharge,  so 
as  to  show  that  he  is  properly  discharged  and  is  not  a  deserter." 

This  clearly  shows  the  difference  between  the  act  of  discharge  and  the  certifi- 
cate of  discharge,  and  may  be  accepted  as  a  correct  statement  of  the  law,  ex- 
cept perhaps  when  enlistments  were  for  life.  The  history  of  the  article  does 
not  therefore  require  the  construction  that  the  delivery  of  a  certificate  of  dis- 
charge is  necessary  to  a  valid  discharge  and  that  a  soldier  can  not  get  out  of 
service  without  a  written  discharge.  Nor  will  an  application  of  the  well-estab- 
lished rules  of  construction  lead  to  such  a  conclusion.  Whatever,  may  have 
been  the  meaning  of  the  article  when  the  term  of  service  was  for  life,  it  seems 
clear  that  when  the  enlistment  is  for  a  term  of  years  only,  and  the  soldier, 
therefore,  has  a  legal  right  to  his  discharge  on  the  expiration  of  the  term,  this 
right  can  not  be  set  at  naught  by  his  forcible  retention  in  the  service.  If  this 
should  be  attempted  he  would  be  protected  by  the  (Federal)  civil  courts,  who 
would  not  hesitate  to  release  him  from  the  military  service  on  a  writ  of 
ftabeas  corpus,  without  any  regard  to  a  military  discharge. 

But  the  military  discharge  in  writing  is  prescribed  as  a  regular  procedure  in 
terminating  the  service,  and  its  issuance  is,  therefore,  an  act  done  in  the  per- 
formance of  a  public  duty;  and  the  most  reasonable  construction  of  the  4th 
Article  of  War  is  that  it  is  a  direction  as  to  the  manner  of  performing  a  public 
act,  and  that,  in  the  absence  of  language  making  it  impossible  to  give  it  this 
meaning,  it  is  to  be  regarded  as  directory  only. 

For  the  foregoing  reasons  and  in  consideration  of  long-established  practice, 
held,  that  a  certificate  of  discharge  is  not  necessary  to  a  discharge,  but  that  a 
soldier  may  be  discharged  without  a  certificate  or  before  he  is  furnished  with 
s  certificate,  upon  notice  actual  or  constructive,  and  that  when  volunteers  are 
mustered  out  it  is  that  act  that  separates  them  from  the  service.  From  report 
of  Judge  Advocate  General,  January  2,  1901.  (See  Card  9556— W.  D.  Cir., 
Feb.  15,  1901.) 

As  to  discharge  by  purchase  or  on  account  of  dependent  parent,  see  para. , 

ante. 

For  decisions  upon  discharge,  see  Dig.  Op.,  J.  A.  G.,  pp.  433-463. 

lrThis  article  refers  only  to  returns  made  by  certain  commanders  as  such. 
It  is  only  as  commander  of  a  regiment,  company,  or  garrison  that  an  officer 
can  be  made  amenable  to  a  charge  under  the  article.  An  officer  not  exercising 
one  of  these  commands  is  not  within  its  terms.  (Dig.  Opin.  J.  A.  Gen.,  par.  1. 
Ed.  1901.) 

In  1872  an  officer  of  the  line  of  the  Army,  on  duty  as  post  quartermaster  at 
Paducah,  Ky.,  was  tried  for  a  violation  of  this  article  in  making  false  returns 
of  the  property  for  which  he  was  responsible,  and  was  convicted.  As  the  article 
applies  exclusively  to  officers  exercising  the  specific  commands  named  in  the 
statute,  and  as  the  officer  in  this  exercised  no  one  of  the  commands  so  specified, 
the  findings  under  the  eighth  article  were  disapproved  by  the  reviewing  au- 


584  MILITARY  LAWS   OF   THE   UNITED   STATES. 

ART.  9.  All  public  stores  taken  from  the  enemy  shall  be  secured 
for  the  service  of  the  United  States;  and  for  neglect  thereof  the 
commanding  officer  shall  be  answerable.1 

ART.  10.  Every  officer  commanding  a  troop,  battery,  or  company, 
is  charged  with  the  arms,  accouterments,  ammunition,  clothing,  or 
other  military  stores  belonging  to  this  command,  and  is  accountable 
to  his  colonel  in  case  of  their  being  lost,  spoiled,  or  damaged  other- 
wise than  by  unavoidable  accident,  or  on  actual  service. 

ART.  11.  Every  officer  commanding  a  regiment  or  an  independent 
troop,  battery,  or  company,  not  in  the  field,  may,  when  actually  quar- 
tered with  such  command,  grant  furloughs  to  the  enlisted  men,  in 
such  numbers  and  for  such  time  as  he  shall  deem  consistent  with  the 
good  of  the  service.  Every  officer  commanding  a  regiment,  or  an  in- 
dependent troop,  battery,  or  company,  in  the  field,  may  grant  fur- 
loughs not  exceeding  thirty  days  at  one  time,  to  five  per  centum  of  the 
enlisted  men,  for  good  conduct  in  the  line  of  duty,  but  subject  to  the 
approval  of  the  commander  of  the  forces  of  which  said  enlisted  men 
form  a  part.  Every  company  officer  of  a  regiment,  commanding  any 
troop,  battery,  or  company  not  in  the  field,  or  commanding  in  any 
garrison,  fort,  post,  or  barrack,  may,  in  the  absence  of  his  field  officer, 
grant  furloughs  to  the  enlisted  men,  for  a  time  not  exceeding  twenty 
days  in  six  months,  and  not  to  more  than  two  persons  to  be  absent  at 
the  same  time. 

thority.  (Gen.  Court-Martial  Orders,  No.  12,  War  Dept,  1872.  See,  also, 
G.  C.  M.  O.,  No.  19,  War  Dept,  1872.) 

That  this  article  does  not  refer  to  funds,  see  Dig.  Op.,  J.  A.  G.,  120,  VIII  A. 
A  false  return  of  a  company  fund  would  more  properly  be  charged  under 
another  article,  as  the  sixty-first  or  sixty-second.  (See  Military  Law  and 
Precedents,  Winthrop,  856-858;  also  Military  Law,  Davis,  360-361.) 

1  The  title  to  property  captured  from  an  enemy  in  war  vests,  at  the  instant  of 
capture,  in  the  captor's  Government,  which  may  make  such  disposition  of  it 
as  it  may  deem  expedient.  The  policy  and  practice  of  the  United  States,  as  to 
the  property  captured  on  land,  has  been  to  retain  it  for  governmental  uses  or 
to  sell  it  and  convert  the  proceeds  to  its  own  use.  (See  the  "Captured  and 
abandoned  property  act"  (act  of  Mar.  12,  1863),  in  the  chapter  entitled  EM- 
PLOYMENT OF  MILITARY  FORCE,  ETC.) 

This  provision  is  in  accordance  with  the  principle  of  the  law  of  nations  and 
of  war,  that  enemy's  property  duly  captured  in  war  becomes  the  property  of 
the  government  or  power  by  whose  forces  it  is  taken,  and  not  that  of  the  indi- 
viduals who  take  it.  ( U.  S.  v .  Klein,  13  Wallace,  136 ;  Decatur  v.  U.  S.,  Devereux, 
110;  White  v.  Red  Chief,  1  Woods,  40;  Branner  v.  Felkner,  1  Heisk.,  232; 
Worthy  v.  Kinamon,  44  Ga.,  299;  Huff  v.  Odom,  49  id.,  395;  XIII  Opin.  Att. 
Gen.,  105;  Hough  (Practice),  329,  330;  G.  O.  54,  Headquarters  of  Army,  Mexico, 
1848;  G.  O.  21,  War  Department,  1848;  G.  O.  64,  107,  id.,  1862.  And  see  also 
Lamar  v.  Browne,  2  Otto,  195,  in  regard  to  the  same  principle  as  illustrated  by 
the  captured  and  abandoned  property  act  of  March  12,  1863.)  "Private  per- 
sons can  not  capture  for  their  own  benefit."  (Worthy  v.  Kinamon,  supra.)  Mil- 
itary stores  taken  from  the  enemy,  becoming  upon  capture  the  property  of  the 
United  States,  Congress,  which  by  the  Constitution  (Article  I,  section  8,  para- 
graph 11;  Article  IV,  section  3,  paragraph  2)  is  exclusively  vested  with  the 
power  to  dispose  of  the  public  property,  as  well  as  to  make  rules  concerning 
captures  on  land  and  water,  can  alone  authorize  the  sale  or  transfer  of  the 
same.  An  officer  or  soldier  of  the  Army  who  assumes  of  his  own  authority  to 
appropriate  such  articles  renders  himself  chargeable  with  a  military  offense. 
(See,  in  this  connection,  section  5313,  Revised  Statutes.)  Id.,  par.  3. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  585 

ART.  12.  At  every  muster  of  a  regiment,  troop,  battery,  or  company, 
the  commanding  officer  thereof  shall  give  to  the  mustering  officer 
certificates,  signed  by  himself,  stating  how  long  absent  officers  have 
been  absent  and  the  reasons  of  their  absence.  And  the  commanding 
officer  of  every  troop,  battery,  or  company  shall  give  like  certificates, 
stating  how  long  absent  noncommissioned  officers  and  private  sol- 
diers have  been  absent  and  the  reasons  of  their  absence.  Such  reasons 
and  time  of  absence  shall  be  inserted  in  the  muster  rolls  opposite  the 
names  of  the  respective  absent  officers  and  soldiers,  and  the  certifi- 
cates, together  with  the  muster  rolls,  shall  be  transmitted  by  the  mus- 
tering officer  to  the  Department  of  War,  as  speedily  as  the  distance 
of  the  place  and  muster  will  admit. 

ART.  13.  Every  officer  who  signs  a  false  certificate,  relating  to  the 
absence  or  pay  of  an  officer  or  soldier,  shall  be  dismissed  from  the 
service.1 

ART.  14.  Any  officer  who  knowingly  makes  a  false  muster  of  man 
or  horse,  or  who  signs,  or  directs,  or  allows  the  signing  of  any  muster 
roll,  knowing  the  same  to  contain  a  false  muster,  shall,  upon  proof 
thereof  by  two  witnesses,  before  a  court-martial,  be  dismissed  from 
the  service,  and  shall  thereby  be  disabled  to  hold  any  office  or  employ- 
ment in  the  service  of  the  United  States.2 

ART.  15.  Any  officer  who,  willfully  or  through  neglect,  suffers  to 
be  lost,  spoiled,  or  damaged,  any  military  stores  belonging  to  the 
United  States,  shall  make  good  the  loss  or  damage,  and  be  dismissed 
from  the  service. 

ART.  16.  Any  enlisted  man  who  sells,  or  willfully  or  through  neg- 
lect wastes  the  ammunition  delivered  out  to  him,  shall  be  punished 
as  a  court-martial  may  direct. 

ART.  17.  Any  soldier  who  sells  or  through  neglect  loses  or  spoils 
his  horse,  arms,  clothing,  or  accouterments  shall  be  punished  as  a 
court-martial  may  adjudge,  subject  to  such  limitations  as  may  be  pre- 
scribed by  the  President  by  virtue  of  the  power  vested  in  him.3 

1  Held  that  the  mere  signing  by  an  officer  of  a  voucher  for  his  pay  before  the 
last  day  of  the  month  for  which  it  was  due  did  not  constitute  an  offense  of  the 
class  intended  to  be  made  punishable  by  this  article.     (Dig.  Op.  J.  A.  Gen., 
par.  4,  Ed.  1901.) 

2  For  a  case  in  which  an  officer  was  convicted  of  false  muster  (although  the 
offense  was  erroneously  charged  under  the  sixty-first  article)    see  G.  O.,  183, 
A.  G.  O.,  1863. 

'This  article  is  quite  independent  of  the  regulations  contained  in  article  60, 
Army  Regulations,  relating  to  surveys  of  property.  The  latter  pass  upon  ques- 
tions of  pecuniary  responsibility  for  the  loss,  etc.,  of  public  property.  The 
court-martial,  under  this  article,  simply  imposes  punishment.  (Id.,  120,  XVII  O.) 

Improper  dispositions  of  property  in  the  charge  and  use  of  soldiers,  other 
than  the  dispositions  indicated  in  this  article,  will  in  general  properly  be 
charged  under  article  62.  Likewise  the  selling,  through  neglect  losing,  etc.,  by 
soldiers,  of  property  issued  to  them,  but  not  mentioned  in  article  17,  should  be 
charged  under  article  62.  Thus  held  that  a  selling  or  losing  of  the  following 
articles  was  not  punishable  under  article  17,  but  under  article  62,  viz,  sheets, 


586  MILITARY   LAWS   OF   THE   UNITED   STATES. 

ART.  18.  Any  officer  commanding  in  any  garrison,  fort,  or  barracks 
of  the  United  States  who,  for  his  private  advantage,  lays  any  duty 
or  imposition  upon,  or  is  interested  in,  the  sale  of  any  victuals, 
liquors,  or  other  necessaries  of  life,  brought  into  such  garrison,  fort, 
or  barracks,  for  the  use  of  the  soldiers,  shall  be  dismissed  from  the 
service. 

ART.  19.  Any  officer  who  uses  contemptuous  or  disrespectful  words 
against  the  President,  the  Vice-President,  the  Congress  of  the  United 
States,  of  the  chief  magistrate  or  legislature  of  any  of  the  United 
States  in  which  he  is  quartered,  shall  be  dismissed  from  the  service, 
or  otherwise  punished,  as  a  court-martial  may  direct.  Any  soldier 
who  so  offends  shall  be  punished  as  a  court-martial  may  direct. 

ART.  20.  Any  officer  or  soldier  who  behaves  himself  with  disrespect 
toward  his  commanding  officer  shall  be  punished  as  a  court-martial 
may  direct.1 

ART.  21.  Any  officer  or  soldier  who,  on  any  pretense  whatsoever, 
strikes  his  superior  officer,  or  draws  or  lifts  up  any  weapon,  or  offers 
any  violence  against  him,  being  in  the  execution  of  his  office,  or  dis- 
obeys any  lawful  command  of  his  superior  officer,  shall  suffer  death, 
or  such  other  punishment  as  a  court-martial  may  direct.2 

pillows,  pillowcases,  mattress  covers,  shelter  tent,  barrack  bag,  greatcoat  strap, 
tin  cup,  spoon,  knife,  fork,  meat-ration  can,  cartridges.  (Id.,  par.  8,  Ed.  3001.) 

That  the  clothing  issued  to  a  soldier  is  public  property,  see  Dig.  Op.  J.  A.  G., 
863  II  A  3  a  (4)  (d),  and  section  35  Criminal  Code  (35  Stat.  1095).  For  a 
definition  of  accouterments,  see  Dig.  Op.  J.  A.  G.,  1084. 

lrThe  disrespect  here  indicated  may  consist  in  acts  or  words  (G.  O.  44,  De- 
partment of  Dakota,  1872.  And  see  G.  C.  M.  O.  28,  War  Department,  1875; 
G.  O.  47,  Department  of  the  Platte,  1870)  ;  and  the  particular  acts  or  words 
relied  upon  as  constituting  the  offense  should  properly  be  set  forth  in  substance 
in  the  specification.  (G.  C.  M.  O.  35,  Department  of  the  Missouri,  1872.)  It 
must  be  shown  in  evidence  under  the  charge  that  the  officer  offended  against 
was  the  "commanding  officer"  of  the  accused.  (G.  O.  53,  Department  of  Da- 
kota, 1871.)  The  commanding  officer  of  an  officer  or  soldier  in  the  sense  of 
this  article  is  properly  the  superior  who  is  authorized  to  require  obedience  to 
his  orders  from  such  officer  or  soldier,  at  least  for  the  time  being.  Thus  where 
a  battalion  was  temporarily  detached  from  a  regiment  and  placed  under  the 
orders  of  the  commander  of  a  portion  of  the  Army  distinct  from  that  in  which 
the  main  part  of  the  regiment  was  included,  held  that  it  was  the  commander 
of  this  portion  who  was  the  commanding  officer  of  the  detachment,  and  that 
the  use  by  an  officer  of  such  detachment  of  disrespectful  language  in  reference 
to  the  regimental  commander  (who  had  remained  with  and  in  commit  ud  of  the 
main  body  of  the  regiment)  was  properly  chargeable  not  under  this  article,  but 
rather  under  the  sixty-second.  (Id.,  par.  14.  Ed.  1901.) 

That  the  use  of  abusive  language  toward  a  commanding  officer  may  consti- 
tute an  offense  under  article  61,  see  Dig.  Op.  J.  A.  G.,  488-17  a. 

a  As  to  knowledge  that  person  assaulted  is  superior  in  rank,  was  in  the  execu- 
tion of  his  office,  that  the  command  was  lawful  and  the  responsibility  of  decid- 
ing upon  the  lawfulness  of  the  command,  see  Dig.  Op.  J.  A.  G.,  539. 

As  to  failure  to  perform  a  routine  duty  see  Id.,  121-122. 

As  to  power  to  execute  sentence  of  death  see  Id.,  122  E  2. 

The  first  duty  of  a  soldier  is  obedience,  and  without  this  there  can  be  neither 
discipline  nor  efficiency  in  an  army.  (McCall  v.  McDowell,  15  Fed.  Cas.,  1235.) 

To  insure  efficiency  an  army  must  be,  to  a  certain  extent,  a  despotism.  Each 
officer  is  invested  with  an  arbitrary  power  over  those  beneath  him, 

and  the  soldier  who  enlists  in  the  army  waives,  in  some  particulars,  his  rights 
as  a  civilian,  surrenders  his  personal  liberty  during  the  term  of  his  enlistment, 


MILITARY  LAWS  OF  THE  UNITED  STATES.  587 

ART.  22.  Any  officer  or  soldier  who  begins,  excites,  causes,  or  joins 
in  any  mutnr^  or  sedition,  in  any  troop,  battery,  company,  party, 
post,  detachment,  or  guard,  shall  suffer  death,  or  such  other  punish- 
ment as  a  court-martial  may  direct.1 

ART.  23.  Any  officer  or  soldier  who,  being  present  at  any  mutiny 
or  sedition,  does  not  use  his  utmost  endeavor  to  suppress  the  same, 
or  having  knowledge  of  any  intended  mutiny  or  sedition,  does  not, 
without  delay,  give  information  thereof  to  his  commanding  officer, 
shall  suffer  death,  or  such  other  punishment  as  a  court-martial  may 
direct. 

ART.  24.  All  officers,  of  what  condition  soever,  have  power  to  part 
and  quell  all  quarrels,  frays,  and  disorders,  whether  among  persons 
belonging  to  his  own  or  to  another  corps,  regiment,  troop,  battery,  or 
company,  and  to  order  officers  into  arrest,  and  noncommissioned  offi- 
cers and  soldiers  into  confinement,  who  take  part  in  the  same,  until 
their  proper  superior  officer  is  acquainted  therewith.  And  whoso- 
ever, being  so  ordered,  refuses  to  obey  such  officer  or  noncommis- 
sioned officer,  or  draws  a  weapon  upon  him,  shall  be  punished  as  a 
court-martial  may  direct.2 

and  consents  to  come  and  go  at  the  will  of  his  superior  officers.  He  agrees  to 
become  amenable  to  the  military  courts,  to  be  disciplined  for  offenses  unknown 
to  the  civil  law,  to  relinquish  his  right  of  trial  by  jury,  and  to  receive  punish- 
ments which,  to  the  civilian,  seem  out  of  all  proportion  to  the  magnitude  of  the 
offense.  (U.  S.  v.  Clarke,  3  Fed.  Rep.,  713— Brown,  J.) 

An  army  is  not  a  deliberative  body.  It  is  the  executive  arm.  Its  law  is  that 
of  obedience.  No  question  can  be  left  open  as  to  the  right  to  command  in  the 
officer,  or  the  duty  of  obedience  in  the  soldier.  Vigor  and  efficiency  on  the  part 
of  the  officer  and  confidence  among  the  soldiers  in  one  another  are  impaired  if 
any  question  be  left  open  as  to  their  attitude  to  each  other.  (In  re  Grimley, 
137  U.  S.,  153.) 

The  fact  that  any  stated  duty  is  enjoined  in  regulations  or  orders  does  not  in 
itself  render  a  nonperformance  of  such  duty  a  disobedience  of  orders  in  viola- 
tion of  the  twenty-first  article;  but  to  support  this  charge  it  is  essential  that 
there  should  be  shown  an  intentional  disregard  of  authority  as  is  evinced  by  a 
willful  refusal  or  omission  to  comply  with  the  specific  command  of  a  superior 
officer.  (G.  C.  M.  O.  26,  War  Dept,  1872.) 

An  order  given  by  a  military  officer  to  his  private  should  be  obeyed  by  the 
private,  and  will  be  his  full  protection  in  a  criminal  prosecution,  unless  the  ille- 
gality of  the  order  is  so  clearly  shown  on  its  face  that  a  man  of  ordinary  sense 
and  understanding  would  know  when  he  heard  it  read  or  given  that  the  order 
was  illegal.  (In  re  Fair  et  al.,  100  Fed.  Rep.,  149;  Riggs  v.  State,  3  Cold.,  85 
(Tenn.)  ;  McCall  v.  McDowell,  Fed.  Cases,  No.  8673;  U.  S.  v.  Clark,  31  Fed.  Rep., 
710;  in  re  Grimley,  137  U.  S.,  147;  in  re  Lewis,  83  Fed.  Rep.,  159;  in  re  Waite, 
81  Fed.  Rep.,  359.) 

Whatever  may  be  the  rule  in  time  of  war  and  in  the  presence  of  actual  hos- 
tilities, military  officers  can  no  more  protect  themselves  than  civilians  for  actual 
wrongs,  committed  in  time  of  peace,  under  orders  emanating  from  a  source 
which  is  itself  without  authority  in  the  premises.  Hence,  a  military  officer 
seizing  liquors  supposed  to  be  in  Indian  country,  when  they  are  not,  is  liable  to 
an  action  as  a  trespasser.  (Bates  v.  Clark,  95  U.  S.,  204.) 

1  For  definition  of  mutiny,  see  Dig.  Op.  J.  A.  G.,  123-A. 

As  to  whether  acts  should  be  charged  as  mutiny,  see  id.,  123-B  and  564,  d  16. 

As  to  joinder  of  offenders  for  trial,  see  M.  C.  M.,  par.  7,  p.  17. 

"As  to  the  common-law  authority  for  a  bystander  to  arrest  an  affrayer,  see 
Dig.  Op.  J.  A.  G.,  124,  footnote  1. 

Force  used. — The  force  to  be  used  in  quelling  an  affray  or  maintaining  the 
peace  is  that  only  which  is  necessary  to  secure  or  subdue  the  offenders.  It  does 


588  MILITARY   LAWS   OF   THE   UNITED   STATES. 

ART.  25.  No  officer  or  soldier  shall  use  any  reproachful  or  pro- 
voking speeches  or  gestures  to  another.  Any  officer  who  so  offends 
shall  be  put  in  arrest.  Any  soldier  who  so  offends  shall  be  confined, 
and  required  to  ask  pardon  of  the  party  offended,  in  the  presence  of 
his  commanding  officer.1 

ART.  26.  No  officer  or  soldier  shall  send  a  challenge  to  another 
officer  or  soldier  to  fight  a  duel,  or  accept  a  challenge  so  sent.  Any 
officer  who  so  offends  shall  be  dismissed  from  the  service.  Any  sol- 
dier who  so  offends  shall  suffer  such  punishment  as  a  court-martial 
may  direct.2 

ART.  27.  Any  officer  or  noncommissioned  officer,  commanding  a 
guard,- who,  knowingly  and  willingly,  suffers  any  person  to  go  forth 
to  fight  a  duel,  shall  be  punished  as  a  challenger;  and  all  seconds 
or  promoters  of  duels,  and  carriers  of  challenges  to  fight  duels,  shall 
be  deemed  principals,  and  punished  accordingly.  It  shall  be  the  duty 
of  any  officer  commanding  an  army,  regiment,  troop,  battery,  com- 
pany, post,  or  detachment,  who  knows  or  has  reason  to  believe  that  a 
challenge  has  been  given  or  accepted  by  any  officer  or  enlisted  man 
under  his  command,  immediately  to  arrest  the  offender  and  bring 
him  to  trial.3 

ART.  28.  Any  officer  or  soldier  who  upbraids  another  officer  or 
soldier  for  refusing  a  challenge  shall  himself  be  punished  as  a  chal- 
lenger; and  all  officers  and  soldiers  are  hereby  discharged  from  any 
disgrace  or  opinion  of  disadvantage  which  might  arise  from  their 

not  consist  of  repeated  blows,  inflicted  by  way  of  punishment  for  past  deeds, 
but  must  be  such  force  as  is  preventive  in  character,  and  must  not  exceed  the 
strict  necessity  of  the  case  requiring  such  acts  of  prevention.  No  officer  has 
authority  to  inflict  punishment  for  past  offenses  of  any  kind.  This  authority 
is  possessed  by  courts  only.  (G.  O.,  No.  4,  A.  G.  O.,  1843;  see  also  par.  7  of 
G.  O.  53,  A.  G.  O.,  of  1842.) 

In  suppressing  disorders,  etc.,  means  should  be  proportioned  to  ends  to  be 
gained;  violent  measures,  clearly  unnecessary,  will  not  be  justified.  (TJ.  S.  v. 
Carr,  1  Woods,  480.) 

For  a  case  in  which  it  became  incumbent  upon  a  junior  officer  to  "  part  and 
quell "  an  affray,  and,  in  the  performance  of  his  duty  under  this  article,  to  give 
orders  to  a  military  superior  who  was  a  participant  in  the  disturbance,  see 
General  Court-Martial  Orders,  No.  20,  War  Department,  of  1880. 

1That  this  article  confers  on  courts-martial  jurisdiction  to  punish,  see  Dig. 
Op.  J.  A.  G.,  124,  XXV  A. 

2  See  id.,  124,  XXVI  A.  It  may  be  noted  that  our  Articles  of  War,  unlike  the 
British,  fail  to  make  punishable,  as  a  specific  military  offense,  the  engaging  in  a 
duel.  Such  an  act,  therefore,  would,  as  such,  be  in  general  chargeable  only 
under  article  62. 

8  On  the  general  subject  of  challenges,  and  the  question  what  constitutes  a 
challenge,  see  the  principal  cases  of  the  sending  of  challenges  in  our  service,  as 
published  in  G.  O.  64,  A.  G.  O.,  1827;  G.  O.  39,  41,  id.,  1835;  G.  O.  2,  War  De- 
partment, 1858;  G.  O.  330,  id.,  1863;  G.  O.  11,  Army  of  the  Potomac,  1861; 
G.  O.  46,  Department  of  the  Gulf,  1863 ;  G.  O.  223,  Department  of  the  Missouri, 
1864;  G.  O.  130,  id.,  1872;  G.  O.  33,  Department  and  Army  of  the  Tennessee, 
1864.  And  compare  Commonwealth  v.  Levy,  2  Wheeler,  Cr.  C.,  245 ;  Common- 
wealth v.  Tibbs,  1  Dana,  524;  Commonwealth  v.  Hart,  6  J.  J.  March,  119;  State 
v.  Taylor,  1  So.  Ca.,  108;  State  v.  Strickland,  2  Nott  &  McCord,  181;  Ivey  v. 
State,  12  Ala.,  277;  Aulger  v.  People,  34  111.,  486;  2  Bishop,  Cr.  L.,  sec.  314; 
Samuel,  384-387 ;  State  v.  Gibbons,  1  South,  51. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  589 

having  refused  to  accept  challenges,  as  they  will  only  have  acted  in 
obedience  to  the  law,  and  have  done  their  duty  as  good  soldiers,  who 
subject  themselves  to  discipline. 

ART.  29.  Any  officer  who  thinks  himself  wronged  by  the  command- 
ing officer  of  his  regiment,  and,  upon  due  application  to  such  com- 
mander, is  refused  redress,  may  complain  to  the  general  commanding 
in  the  State  or  Territory  where  such  regiment  is  stationed.  The 
general  shall  examine  into  said  complaint  and  take  proper  measures 
for  redressing  the  wrong  complained  of;  and  he  shall,  as  soon  as 
possible,  transmit  to  the  Department  of  War  a  true  statement  of  such 
complaint,  with  the  proceedings  had  thereon.1 

ART.  30.  Any  soldier  who  thinks  himself  wronged  by  any  officer 
may  complain  to  the  commandi»g  officer  of  his  regiment,  who  shall 
summon  a  regimental  court-martial  for  the  doing  of  justice  to  the 
complainant.  Either  party  may  appeal  from  such  regimental  court- 
martial  to  a  general  court-martial ;  but  if,  upon  such  second  hearing, 
the  appeal  appears  to  be  groundless  and  vexatious,  the  party  appeal- 
ing shall  be  punished  at  the  discretion  of  said  general  court-mar- 
tial.2 

ART.  31.  Any  officer  or  soldier  who  lies  out  of  his  quarters,  garri- 
son, or  camp,  without  leave  from  his  superior  officer,  shall  be  pun- 
ished as  a  court-martial  may  direct. 

1  That  this  article  is  expressly  confined  to  cases  of  alleged  wrongs  on  the  part 
of  regimental  commanders.  See  Dig.  Op.  J.  A.  G.,  125  XXIX  A.  As  to  regi- 
mental commanders'  reports  on  efficiency  reports,  see  id.,  B. 

The  right  in  charges  and  appeals  is  not  to  be  exercised  in  any  mode  or  style  the 
subordinate  pleases,  but  with  some  reasonable  circumspection,  and  in  good  faith, 
and  in  subjection  to  the  controlling  law  of  discipline,  which,  to  sustain  military 
authority,  requires  obedience  and  forbids  disobedience  to  commanding  officers. 
These  rights,  and  the  mode  of  exercising  them,  have  been  well  and  carefully 
defined  in  the  General  Order  from  the  War  Department  of  No.  16  of  1851. 
Under  color  of  charges  or  appeals,  a  subordinate  has  no  right  to  avail  himself 
of  the  opportunity  to  behave  with  contempt  to  his  commanding  officer.  Where 
such  a  case  is  alleged  in  the  specifications,  a  court-martial  will  entertain  and 
try  the  charge.  (G.  O.  No.  1,  A.  G.  O.,  1856.) 

3  That  this  article  is  not  inconsistent  with  the  old  eighty-third  article  of  war 
(now  repealed),  see  Dig.  Op.  J.  A.  G.,  125  XXX  A.  As  to  other  matters  relating 
to  this  court  see  id.,  125-126.  This  court,  being  in  the  nature  of  a  special  court, 
is  not  affected  by  the  act  of  March  2,  1913,  which  repealed  the  eighty-third 
article  of  war  and  established  the  special  court-martial. 

In  the  case  of  Brevet-Major  Henshaw,  tried  by  court-martial  in  1856  for 
disrespect  to  his  commanding  officer,  Major  Andrews,  Seventh  Infantry,  the 
conduct  of  Major  Andrews  was  thus  remarked  on  by  the  Secretary  of  War: 
"An  experienced  officer  who  had  served  with  him  (Major  A.)  admits  his  treat- 
ment of  his  men  to  be  harsh  and  violent  and  his  conduct  very  reprehensible  in 
this  respect.  This  was  the  considerate  testimony  of  a  friendly  witness,  and  is 
such  evidence  of  the  fact  as  calls  for  a  decided  expression  of  the  opinion  of  the 
President.  A  commanding  officer  has  no  right  to  be  insulting,  harsh,  or  abusive 
to  those  in  his  command.  Both  officers  and  enlisted  men  are  equally  entitled  to 
be  protected  from  ill-treatment  by  him.  An  officer  who  commits  such  offenses 
is  wanting  in  some  of  the  essential  qualifications  for  command,  and  it  is  to  be 
regretted  that  a  thorough  investigation  of  this  matter  was  not  made  by  putting 
Major  Andrews  on  trial.  (G.  O.  No.  1,  A.  G.  O.,  1851.) 


590  MILITARY   LAWS   OF   THE  UNITED  STATES. 

ART.  32.  Any  soldier  who  absents  himself  from  his  troop,  battery, 
company,  or  detachment,  without  leave  from  his  commanding  officer, 
shall  be  punished  as  a  court-martial  may  direct.1 

ART.  33.  Any  officer  or  soldier  who  fails,  except  when  prevented  by 
sickness  or  other  necessity,  to  repair,  at  the  fixed  time,  to  the  place  of 
parade,  exercise,  or  other  rendezvous,  appointed  by  his  commanding 
officer,  or  goes  from  the  same,  without  leave  from  his  commanding 
officer,  before  he  is  dismissed  or  relieved,  shall  be  punished  as  a  court- 
martial  may  direct. 

ART.  34.  Any  soldier  who  is  found  one  mile  from  camp,  without 
leave  in  writing  from  his  commanding  officer,  shall  be  punished  as  a 
court-martial  may  direct. 

ART.  35.  Any  soldier  who  fails  to  retire  to  his  quarters  or  tent  at 
the  beating  of  retreat  shall  be  punished  according  to  the  nature  of 
his  offense. 

ART.  36.  No  soldier  belonging  to  any  regiment,  troop,  battery,  or 
company  shall  hire  another  to  do  his  duty  for  him,  or  be  excused 
from  duty,  except  in  cases  of  sickness,  disability,  or  leave  of  absence. 
Every  such  soldier  found  guilty  of  hiring  his  duty,  and  the  person  so 
hired  to  do  another's  duty,  shall  be  punished  as  a  court-martial  may 
direct. 

ART.  37.  Every  noncommissioned  officer  who  connives  at  such  hir- 
ing of  duty  shall  be  reduced.  Every  officer  who  knows  and  allows 
such  practices  shall  be  punished  as  a  court-martial  may  direct. 

ART.  38.  Any  officer  who  is  found  drunk  on  his  guard,  party,  or 
other  duty,  shall  be  dismissed  from  the  service.  Any  soldier  who  so 
offends  shall  suffer  such  punishment  as  a  court-martial  may  direct. 
No  court-martial  shall  sentence  any  soldier  to  be  branded,  marked,  or 
tattooed.2 

ART.  39.  Any  sentinel  who  is  found  sleeping  upon  his  post,  or 
who  leaves  it  before  he  is  regularly  relieved,  shall  suffer  death,  or 
such  other  punishment  as  a  court-martial  may  direct.3 

1  As  to  various  decisions  respecting  a  soldier's  absence  without  leave,  see  Dig. 
Op.  J.  A.  G.,  15  and  16,  sec.  1265  R.  S.,  that  an  officer  absent  without  leave 
shall  forfeit  all  pay  and  allowances  unless  the  absence  be  excused  as  unavoid- 
able.   The  deduction  of  pay  does  not  affect  the  right  to  punish  by  court-martial. 
As  to  the  commission  of  two  offenses  by  one  absence,  see  Dig.  Op.  J.  A.  G., 
126  XXXII  B,  127  XXXII  C. 

2  See  Dig.  Op.  J.  A.  G.,  127  A-C  1 ;  141  B  5-6 ;  148  C  13-14 ;  149  D ;  488,  18  A ; 
503  D  5 ;  511  8  B ;  530  A  8-9 ;  540,  9  a ;  543,  2  d ;  607  f  5. 

That  the  duty  in  this  case  means  military  duty,  see  Military  Law  and  Prece- 
dents, Winthrop,  949-950.  We  are  of  the  opinion  that  officers  of  the  Army 
are  in  the  eye  of  the  law  on  military  duty,  although  employed  as  such  officers 
under  statute  of  the  United  States  in  the  public  service  on  duties  not  in  them- 
selves pertaining  to  the  Army.  Carter  v.  McClaughry,  183  U.  S.,  399. 

8  See  Dig.  Op.  J.  A.  G.,  128,  XXXIX  A ;  540,  10  a.  The  general  guide  in  all 
matters  relating  to  guard  duty  is  the  Manual  of  Guard  Duty.  See  par.  441, 
A.  R.,  1913. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  591 

ART.  40.  Any  officer  or  soldier  who  quits  his  guard,  platoon,  or 
division  without  leave  from  his  superior  officer,  except  in  a  case  of 
urgent  necessity,  shall  be  punished  as  a  court-martial  may  direct. 

ART.  41.  Any  officer  who,  by  any  means  whatsoever,  occasions  false 
alarms  in  camp,  garrison,  or  quarters  shall  suffer  death,  or  such 
other  punishment  as  a  court-martial  may  direct. 

ART.  42.  Any  officer  or  soldier  who  misbehaves  himself  before  the 
enemy,  runs  away,  or  shamefully  abandons  any  fort,  post,  or  guard, 
which  he  is  commanded  to  defend,  or  speaks  words  inducing  others 
to  do  the  like,  or  casts  away  his  arms  or  ammunition,  or  quits  his 
post  or  colors  to  plunder  or  pillage,  shall  suffer  death,  or  such  other 
punishment  as  a  court-martial  may  direct.1 

ART.  43.  If  any  commander  ol  any  garrison,  fortress,  or  post  is 
compelled,  by  the  officers  and  soldiers  under  his  command,  to  give 
up  to  the  enemy  or  to  abandon  it,  the  officers  or  soldiers  so  offend- 
ing shall  suffer  death,  or  such  other  punishment  as  a  court-martial 
may  direct. 

ART.  44.  Any  person  belonging  to  the  armies  of  the  United  States 
who  makes  known  the  watchword  to  any  person  not  entitled  to 
receive  it,  according  to  the  rules  and  discipline  of  war,  or  presumes 
to  give  a  parole  or  watchword  different  from  that  which  he  received, 
shall  suffer  death,  or  such  other  punishment  as  a  court-martial  may 
direct. 

ART.  45.  Whosoever  relieves  the  enemy  with  money,  victuals,  or 
ammunition,  or  knowingly  harbors  or  protects  an  enemy,  shall  suffer 
death,  or  such  other  punishment  as  a  court-martial  may  direct.2 

ART.  46.  Whosoever  holds  correspondence  with,  or  gives  intelli- 
gence to,  the  enemy,  either  directly  or  indirectly,  shall  suffer  death, 
or  such  other  punishment  as  a  court-martial  may  direct.8 

ART.  47.  Any  officer  or  soldier  who,  having  received  pay,  or  having 
been  duly  enlisted  in  the  service  of  the  United  States,  deserts  the 
same,  shall,  in  time  of  war,  suffer  death,  or  such  other  punishment 
as  a  court-martial  may  direct ;  and  in  time  of  peace,  any  punishment, 
excepting  death,  which  a  court-martial  may  direct.4 

ART.  48.  Every  soldier  who  deserts  the  service  of  the  United  States 
^hall  be  liable  to  serve  for  such  period  as  shall,  with  the  time  he  may 
have  served  previous  to  his  desertion,  amount  to  the  full  term  of 
his  enlistment;  and  such  soldier  shall  be  tried  by  a  court-martial 

1  See  Dig.  Op.  J.  A.  G.,  128,  XLII  A-B ;  400,  1  E. 

3  See  Dig.  Op.  J.  A.  G..  128  XLV,  A,  B,  C,  Cl.     For  the  definition  of  treason 
see  Constitution,  Art.  Ill,  sec.  3.     See  also  sees.  1-8,  Act  of  Mar.  4,  1900,  Crimi- 
nal Code  (35  Stat.  1088-1089).    For  a  definition  of  war  rebels  and  war  traitors 
see  G.  O.  100,  A.  G.  O.,  1863.     That  pillage  is  forbidden  by  the  laws  of  war 
see  Chap.  XI,  F.  S.  R. 

'  See  Dig.  Op.  J.  A.  G.,  129,  XLVI,  A-B. 

4  See  note  to  next  article. 


592  MILITARY   LAWS   OF    THE   UNITED   STATES. 

and  punished,  although  the  term  of  his  enlistment  may  have  elapsed 
previous  to  his  being  apprehended  and  tried.1 

ART.  49.  Any  officer  who,  having  tendered  his  resignation,  quits 
his  post  or  proper  duties,  without  leave  and  with  intent  to  remain 
permanently  absent  therefrom,  prior  to  due  notice  of  the  acceptance 
of  the  same,  shall  be  deemed  and  punished  as  a  deserter. 

ART.  50.  No  noncommissioned  officer  or  soldier  shall  enlist  him- 
self in  any  other  regiment,  troop,  or  company  without  a  regular  dis- 
charge from  the  regiment,  troop,  or  company  in  which  he  last  served, 
on  a  penalty  of  being  reputed  a  deserter  and  suffering  accordingly.2 
And  in  case  any  officer  shall  knowingly  receive  and  entertain  such 
noncommissioned  officer  or  soldier,  or  shall  not,  after  his  being  dis- 
covered to  be  a  deserter,  immediately  confine  him  and  give  notice 
thereof  to  the  corps  in  which  he  last  served,  the  said  officer  shall,  by 
a  court-martial,  be  cashiered. 

ART.  51.  Any  officer  or  soldier  who  advises  or  persuades  any  other 
officer  or  soldier  to  desert  the  service  of  the  United  States,  shall,  in 
time  of  war,  suffer  death,  or  such  other  punishment  as  a  court- 
martial  may  direct ;  and  in  time  of  peace,  any  punishment  excepting 
death  which  a  court-martial  may  direct.3 

ART.  52.  It  is  earnestly  recommended  to  all  officers  and  soldiers 
diligently  to  attend  divine  service.  Any  officer  who  behaves  inde- 
cently or  irreverently  at  any  place  of  divine  worship  shall  be  brought 
before  a  general  court-martial,  there  to  be  publicly  and  severely 
reprimanded  by  the  president  thereof.  Any  soldier  who  so  offends 
shall,  for  his  first  offense,  forfeit  one-sixth  of  a  dollar ;  for  each  fur- 
ther offiense  he  shall  forfeit  a  like  sum,  and  shall  be  confined  twenty- 
four  hours.  The  money  so  forfeited  shall  be  deducted  from  his  next 
pay,  and  shall  be  applied,  by  the  captain  or  senior  officer  of  his 
troop,  battery,  or  company,  to  the  use  of  the  sick  soldiers  of  the 
same.4 

1  See  Dig.  Op.  J.  A.  G.,  129-131,  and  chapter  entitled  desertion. 

For  the  law  authorizing  rewards  to  civil  officers  or  citizens  for  arrest  of 
deserters  see  par.  1058,  ante;  also  Dig.  Op.  J.  A.  G.,  402,  note  1. 

For  the  law  as  to  forfeiture  of  rights  of  a  citizen  see  par.  1050,  ante. 

*Held,  that  an  enlisted  marine,  who  abandoned  the  Marine  Corps  without  a 
discharge  and  enlisted  in  the  Army,  could  not  be  "  reputed  a  deserter  "  accord- 
ing to  the  terms  of  this  article;  but  advised  that  he  be  turned  over  to  the  com- 
mandant of  that  corps  for  the  proper  disposition  and  action.  (Dig.  Op.  J.  A.  G., 
par.  74.  Ed.  1901.) 

Where  a  soldier  enlisted  in  a  certain  regiment,  after  being  officially  notified 
that  he  was  duly  discharged  from  a  previous  enlistment,  but  without  having 
received  the  written  certificate  and  evidence  of  his  discharge,  which,  by  mistake 
or  accident,  had  not  been  delivered  to  him  as  required  by  article  4,  held,  that  he 
could  not  properly  be  "reputed"  or  charged  as  a  deserter.  (Id.,  par.  75.) 

An  enlistment  in  violation  of  this  article  is  not  void  but  voidable  at  the  option 
of  the  United  States  only.  Until  so  avoided  service  under  it  is  valid  service. 
On  a  trial  for  an  offense  committed  during  such  enlistment,  a  plea  by  the  ac- 
cused, in  bar  of  trial,  that  this  enlistment,  being  fraudulent  on  his  part,  is  void, 
should  not  be  sustained.  (Id.,  par.  76.) 

'  See  Dig.  Op.  J.  A.  G.,  131  LI  A. 

4  See  Dig.  Op.  J.  A.  G.,  131,  LII  A-B. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  593 

ART.  53.  Any  officer  who  uses  any  profane  oath  or  execration  shall, 
for  each  offense,  forfeit  and  pay  one  dollar.  Any  soldier  who  so 
offends  shall  incur  the  penalties  provided  in  the  preceding  article; 
and  all  moneys  forfeited  for  such  offenses  shall  be  applied  as  therein 
provided. 

ART.  54.  Every  officer  commanding  in  quarters,  garrison,  or  on  the 
march  shall  keep  good  order,  and,  to  the  utmost  of  his  power,  re- 
dress all  abuses  or  disorders  which  may  be  committed  by  any  officer 
or  soldier  under  his  command ;  and  if,  upon  complaint  made  to  him 
of  officers  or  soldiers  beating  or  otherwise  illtreating  any  person,  dis- 
turbing fairs  or  markets,  or  committing  any  kind  of  riot,  to  the  dis- 
quieting of  the  citizens  of  the  United  States,  he  refuses  or  omits  to 
see  justice  done  to  the  offender  and  reparation  made  to  the  party 
injured,  so  far  as  part  of  the  offender's  pay  shall  go  toward  such 
reparation,  he  shall  be  dismissed  from  the  service,  or  otherwise 
punished,  as  a  court-martial  may  direct.1 

ART.  55.  All  officers  and  soldiers  are  to  behave  themselves  orderly 
in  quarters  and  on  the  march;  and  whoever  commits  any  waste  or 
spoil,  either  in  walks  or  trees,  parks,  warrens,  fish-ponds,  houses, 
gardens,  grain-fields,  inclosures,  or  meadows,  or  maliciously  destroys 
any  property  whatsoever  belonging  to  inhabitants  of  the  United 
States  (unless  by  order  of  a  general  officer  commanding  a  separate 
army  in  the  field),  shall,  besides  such  penalties  as  he  may  be  liable  to 
by  law,  be  punished  as  a  court-martial  may  direct. 

ART.  56.  Any  officer  or  soldier  who  does  violence  to  any  person 
bringing  provisions  or  other  necessaries  to  the  camp,  garrison,  or 
quarters  of  the  forces  of  the  United  States  in  foreign  parts,  shall 
suffer  death,  or  such  other  punishment  as  a  court-martial  may  direct. 

ART.  57.  Whosoever,  belonging  to  the  armies  of  the  United  States 
in  foreign  parts,  or  at  any  place  within  the  United  States  or  their 
Territories  during  rebellion  against  the  supreme  authority  of  the 
United  States,  forces  a  safeguard,  shall  suffer  death. 

ART.  58.  In  time  of  war,  insurrection,  or  rebellion,  larceny,  rob- 
bery, burglary,  arson,  mayhem,  manslaughter,  murder,  assault  and 
battery  with  an  intent  to  kill,  wounding,  by  shooting  or  stabbing, 
with  an  intent  to  commit  murder,  rape,  or  assault  and  battery  with 
an  intent  to  commit  rape,  shall  be  punishable  by  the  sentence  of  a 
general  court-martial,  when  committed  by  persons  in  the  military 
service  of  the  United  States,  and  the  punishment  in  any  such  case 
shall  not  be  less  than  the  punishment  provided,  for  the  like  offense, 

1  See  Dig.  Op.  J.  A.  G.,  132-133. 

The  pay  of  the  offender  or  offenders  can  be  resorted  to  only  for  the  purpose 
of  the  "  reparation."  A  military  commander  can  have  no  authority  to  add  a 
further  amount  of  stoppage  by  way  of  punishment.  (Dig.  Op.  J.  A.  G.,  par.  82, 
edition  of  1901.) 

48985°— 15 38 


594  MILITARY   LAWS   OF   THE   UNITED  STATES. 

by  the  laws  of  the  State,  Territory,  or  district  in  which  such  offense 
may  have  been  committed.1 

ART.  59.  When  any  officer  or  soldier  is  accused  of  a  capital  crime, 
or  of  any  offense  against  the  person  or  property  of  any  citizen 
of  any  of  the  United  States,  which  is  punishable  by  the  laws  of  the 
land,  the  commanding  officer,  and  the  officers  of  the  regiment,  troop, 
battery,  company,  or  detachment,  to  which  the  person  so  accused 
belongs,  are  required,  except  in  time  of  war,  upon  application  duly 
made  by  or  in  behalf  of  the  party  injured,  to  use  their  utmost  en- 
deavors to  deliver  him  over  to  the  civil  magistrate,  and  to  aid  the 
officers  of  justice  in  apprehending  and  securing  him,  in  order  to  bring 
him  to  trial.  If,  upon  such  application,  any  officer  refuses  or  will- 
fully neglects,  except  in  time  of  war,  to  deliver  over  such  accused 
person  to  the  civil  magistrates,  or  to  aid  the  officers  of  justice  in  ap- 
prehending him,  he  shall  be  dismissed  from  the  service.2 

ART.  60.  Any  person  in  the  military  service  of  the  United  States 
who  makes  or  causes  to  be  made  any  claim  against  the  United 
States,  or  any  officer  thereof,  knowing  such  claim  to  be  false  or 
fraudulent;  or 

Who  presents  or  causes  to  be  presented  to  any  person  in  the 
civil  or  military  service  thereof,  for  approval  or  payment,  any  claim 
against  the  United  States  or  any  officer  thereof,  knowing  such  claim 
to  be  false  or  fraudulent ;  or 

Who  enters  into  any  agreement  or  conspiracy  to  defraud  the 
United  States  by  obtaining,  or  aiding  others  to  obtain,  the  allow- 
ance or  payment  of  any  false  or  fraudulent  claim ;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain,  the 
approval,  allowance,  or  payment  of  any  claim  against  the  United 
States,  or  against  any  officer  thereof,  makes  or  uses,  or  procures  or 
advises  the  making  or  use  of,  any  writing  or  other  paper,  knowing 
the  same  to  contain  any  false  or  fraudulent  statement ;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain, 
the  approval,  allowance,  or  payment  of  any  claim  against  the  United 
States  or  any  officer  thereof,  makes,  or  procures  or  advises  the  making 

1  See  Dig.  Op.  J.  A.  G.,  133-134,  488,  15  a. 

Held  (November,  1865)  that  military  courts  were  still  empowered  to  exercise 
the  jurisdiction  conferred  by  this  article,  the  status  belli  not  having  yet  been 
declared  to  be  terminated,  either  by  the  Executive  or  Congress.  A  court-martial, 
of  course,  could  have  no  authority  whatever  to  decide  whether  the  war  was 
ended.  (Id.,  par.  89,  edition  1901.) 

2  See  Dig.  Op.  J.  A.  G.,  134  to  138. 

This  article  does  not  apply  to  the  service  by  a  sheriff  on  an  officer  or  soldier 
of  a  subpO3na  to  appear  as  a  witness  before  a  civil  court.  In  such  a  case, 
indeed,  the  civil  official  should,  as  a  matter  of  comity,  apply  first  to  the  post 
commander,  whether  or  not  the  post  be  within  the  exclusive  jurisdiction  of 
the  United  States.  It  will  then  be  for  the  commander,  in  comity,  to  facilitate 
the  service  and  to  issue  the  necessary  permit  or  order  to  enable  and  cause  the 
officer  or  soldier  to  attend  the  court.  (Dig.  Op.  J.  A.  G.,  par.  104.  Ed.  1901.) 


MILITARY  LAWS  OF   THE  UNITED  STATES.  595 

of,  any  oath  to  any  fact  or  to  any  writing  or  other  paper,  knowing 
such  oath  to  be  false ;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain,  the 
approval,  allowance,  or  payment  of  any  claim  against  the  United 
States  or  any  officer  thereof,  forges  or  counterfeits,  or  procures  or 
advises  the  forging  or  counterfeiting  of,  any  signature  upon  any 
writing  or  other  paper,  or  uses,  or  procures  or  advises  the  use  of, 
any  such  signature,  knowing  the  same  to  be  forged  or  counter- 
feited; or 

Who,  having  charge,  possession,  custody,  or  control  of  any  money 
or  other  property  of  the  United  States,  furnished  or  intended  for 
the  military  service  thereof,  knowingly  delivers,  or  causes  to  be  de- 
livered, to  any  persons  having  authority  to  receive  the  same,  any 
amount  thereof  less  than  that  for  which  he  receives  a  certificate  or 
receipt;  or 

Who,  being  authorized  to  make  or  deliver  any  paper  certifying 
the  receipt  of  any  property  of  the  United  States,  furnished  or  in- 
tended for  the  military  service  thereof,  makes,  or  delivers  to  any 
person,  such  writing,  without  having  full  knowledge  of  the  truth 
of  the  statements  therein  contained,  and  with  intent  to  defraud  the 
United  States;  or 

Who  steals,  embezzles,  knowingly  and  willfully  misappropriates, 
applies  to  his  own  use  or  benefit,  or  wrongfully  or  knowingly  sells 
or  disposes  of  any  ordnance,  arms,  equipments,  ammunition,  cloth- 
ing, subsistence  stores,  money,  or  other  property  of  the  United  States, 
furnished  or  intended  for  the  military  service  thereof ;  or 

Who  knowingly  purchases,  or  receives  in  pledge  for  any  obliga- 
tion or  indebtedness,  from  any  soldier,  officer,  or  other  person  who 
is  a  part  of  or  employed  in  said  forces  or  service,  any  ordnance,  arms, 
equipments,  ammunition,  clothing,  subsistence  stores,  or  other  prop- 
erty of  the  United  States,  such  soldier,  officer,  or  other  person  not 
having  lawful  right  to  sell  or  pledge  the  same, 

Shall,  on  conviction  thereof,  be  punished  by  fine  or  imprison- 
ment, or  by  such  other  punishment  as  a  court-martial  may  adjudge, 
or  by  any  or  all  of  said  penalties.  And  if  any  person,  being  guilty 
of  any  of  the  offenses  aforesaid,  while  in  the  military  service  of  the 
United  States,  receives  his  discharge,  or  is  dismissed  from  the  serv- 
ice, he  shall  continue  to  be  liable  to  be  arrested  and  held  for  trial  and 
sentence  by  court-martial,  in  the  same  manner  and  to  the  same  extent 
as  if  he  had  not  received  such  discharge  nor  been  dismissed.1  Act  of 
Mar.  2,  1901  (31  Stat.  951). 

1  See  Dig.  Op.  J.  A.  G.  138  LX  to  140  LXI ;  488,  16b ;  144,  Note  1. 
A  charge  of  embezzlement  under  this  article  would  not  lie  where  the  money 
or  property  embezzled  was  not  public  money,  but  belonged  to  the  post,  company, 


596  MILITARY   LAWS   OF    THE   UNITED   STATES. 

ART.  61.  Any  officer  who  is  convicted  of  conduct  unbecoming  an 
officer  and  a  gentleman  shall  be  dismissed  from  the  service.1 

ART.  62.  All  crimes  not  capital,  and  all  disorders  and  neglects, 
which  officers  and  soldiers  may  be  guilty  of,  to  the  prejudice  of  good 
order  and  military  discipline,  though  not  mentioned  in  the  foregoing 
articles  of  war,  are  to  be  taken  cognizance  of  by  a  general,  or  a  regi- 
mental, garrison,  or  field  officers'  court-martial,  according  to  the 
nature  and  degree  of  the  offense,  and  punishable  at  the  discretion  of 
such  court.2 

ART.  63.  All  retainers  to  the  camp,  and  all  persons  serving  with 
the  armies  of  the  United  States  in  the  field,  though  not  enlisted 
soldiers,  are  to  be  subject  to  orders,  according  to  the  rules  and 
discipline  of  war.3 

or  exchange  funds;  such  money  not  being  public  money  within  the  scope  of 
article  60.  (G.  C.  M.  O  27,  War  Dept,  1872 ;  see  ,also,  G.  C.  M.  O.  4,  id.,  1873.) 

Under  the  grant  of  jurisdiction  to  a  court-martial  conferred  by  the  60th 
Article  of  War,  providing  that  any  person  in  the  military  service  who  misap- 
propriates any  money  of  the  United  States,  "  furnished  or  intended  for  the 
military  service  thereof,"  shall  be  punished,  etc.,  such  a  court  has  no  power  to 
convict  an  officer  of  the  Army  for  misappropriating  money  appropriated  by 
Congress  for  the  improvement  of  rivers  and  harbors.  (In  re  Carter,  97  Fed. 
Rep.,  496.)  Such  a  conviction,  however,  may  be  had  where  the  misappropria- 
tion of  such  funds  is  charged  as  a  violation  of  article  62. 

When  an  officer  who  had  been  sentenced  to  forfeit  all  pay  due,  but  whose 
sentence  had  -not  yet  been  approved  or  published,  presented  pay  accounts  to 
the  paymaster  for  his  pay  and  received  the  amount  of  the  same,  held,  that  he 
was  not  triable  for  the  offense  of  presenting  a  fraudulent  claim  under  this 
article.  (Id.,  par.  108,  edition  1901.) 

Repeated  false  statements  of  the  accused  relative  to  the  public  moneys  for 
which  he  was  accountable  are  competent  evidence  going  to  sustain  a  charge 
of  embezzlement  under  this  article.  (Dig.  Op.  J.  A.  G.,  par.  120,  ed.  1901.) 

1  See  Dig.  Op.  J.  A.  G.  140  LXI  A  to  143  LXII  A ;  488,  17a. 

According  to  the  accepted  principle  of  interpretation,  by  which  articles  of 
war  enjoining  a  specific  punishment  or  punishments  are  held  to  be  in  this  par- 
ticular both  mandatory  and  exculsive,  no  sentence  other  than  one  of  simple 
dismissal  can  legally  be  adjudged  upon  a  conviction  under  this  article.  A  sen- 
tence which  adds  to  dismissal  any  other  penalty  or  penalties,  as  disqualifica- 
tion for  office,  forfeiture  of  pay,  imprisonment,  etc.,  is  valid  and  operative  only 
as  to  the  dismissal,  and  as  to  the  rest  should  be  formally  disapproved  as  being 
unauthorized  and  of  no  effect.  (Dig.  Op.  J.  A.  G.,  par.  142,  ed.  1901.  See  Dig. 
Op.  J.  A.  G.,  489,  D  19.) 

The  mere  acceptance  by  an  officer  of  compensation  from  private  parties  (civil- 
ians) whom,  by  permission  of  his  superior,  he  assists  in  a  private  undertaking, 
though  it  may  be  an  indelicate  act,  is  not  an  offense  under  this  article.  Of  the 
propriety  of  such  conduct  an  officer  must  judge  for  himself.  (Dig.  Op.  J.  A.  G., 
par.  144,  ed.  1901.) 

a  See  Dig.  Op.  J.  A.  G.,  143  LXII  A  to  151  LXIII  A ;  488,  18  a  to  489,  19. 

Where  an  offense  is  specifically  provided  for  in  any  of  the  Articles  of  War 
prior  to  the  sixty-second,  the  grant  of  jurisdiction  to  a  court-martial  to  try  and 
punish  such  offense  is  conferred  by  the  particular  article  which  mentions  it, 
and  not  by  the  general  language  of  the  sixty-second  article,  providing  for  the 
trial  and  punishment  of  offenses  not  capital,  and  all  disorders,  etc.,  though  not 
mentioned  in  the  preceding  articles.  (In  re  Carter,  97  Fed.  Rep.,  496.) 

"To  determine  when  an  army  is  "in  the  field"  is  to  decide  the  question 
raised.  These  words  imply  military  operations  with  a  view  to  an  enemy. 
Hostilities  with  Indians  seem  to  be  as  much  within  their  meaning  as  any 
other  kind  of  warfare.  To  enable  the  officers  of  an  army  to  preserve  good 
order  and  discipline  is  the  object  of  this  article,  and  these  may  be  as  necessary 
in  the  face  of  hostile  savages  as  in  the  front  of  any  other  enemy.  When  an 


MILITARY   LAWS   OF   THE   UNITED   STATES.  597 

ART.  64.  The  officers  and  soldiers  of  any  troops,  whether  militia 
or  others,  mustered  and  in  pay  of  the  United  States  shall  at  all  times 
and  in  all  places  be  governed  by  the  Articles  of  War  and  shall  be 
subject  to  be  tried  by  courts-martial.1 

ART.  65.  Officers  charged  with  crime2  shall  be  arrested  and  con- 
fined in  their  barracks,  quarters,  or  tents,  and  deprived  of  their 

army  is  engaged  in  offensive  or  defensive  operations,  I  think  it  is  safe  to  say 
that  it  is  an  army  "  in  the  field." 

To  decide  exactly  where  the  boundary  line  runs  between  civil  and  military 
jurisdiction,  as  to  the  civilians  attached  to  an  army  ,is  difficult ;  but  it  is  quite 
evident  that  they  are  within  military  jurisdiction,  as  provided  for  in  said  ar- 
ticle, when  their  treachery,  defection,  or  insubordination  might  endanger  or  em- 
barrass the  army  to  which  they  belong  in  its  operations  against  what  is  known 
in  military  phrase  as  "  an  enemy."  Possibly  the  fact  that  troops  found  in  a 
region  of  country  chiefly  inhabited  by  Indians,  and  remote  from  the  exercise 
of  civil  authority,  may  enter  into  the  description  of  "  an  army  in  the  field." 
Persons  who  attach  themselves  to  an  expedition  against  hostile  Indians  may  be 
understood  as  agreeing  that  they  will  submit  themselves,  for  the  time  being, 
to  military  control.  (XIV  Opin.  Att.  Gen.,  22;  G.  O.  17,  A.  G.  O.,  1872.) 

A  civil  employee  of  the  United  States  in  time  of  peace  is  most  clearly  not 
made  amendable  to  the  military  jurisdiction  and  trial  by  court-martial  by  the 
fact  that  he  is  employed  in  an  office  connected  with  the  administration  of  the 
military  branch  of  the  Government.  Such  employment  does  not  make  him  a 
part  of  the  military  establishment,  nor  is  his  offense,  however  nearly  it  may 
affect  the  military  service,  "a  case  arising  in  the  land  forces"  in  the  sense  of 
article  5  of  the  amendments  to  the  Constitution.  So  held  (June,  1877)  that 
a  civilian  clerk  employed  in  time  of  peace  in  the  office  of  the  chief  quarter- 
master at  San  Francisco  was  manifestly  not  amendable,  under  this  article 
or  otherwise,  to  trial  by  court-martial  for  the  embezzlement  or  misapplica- 
tion of  Government  funds  appropriated  for  the  Quartermaster  Department. 
(See  the  confirmatory  opinion  in  this  case  of  the  Attorney-General  of  May 
15,  1878,  XVI  Opin.,  13.)  And  remarked  that  if  this  official  could  be  made 
liable  to  such  jurisdiction,  all  the  male  and  female  clerks  employed  in  the  War 
Department  might  upon  the  same  principle  be  held  thus  amendable  for  offenses 
against  the  Government  committed  in  connection  with  their  duties.  And  so 
held  in  the  case  of  a  civilian  clerk  employed  at  Camp  Robinson,  Nebraska, 
charged  with  conspiring  with  contractors  to  defraud  the  United  States,  the 
post  not  being  within  the  theater  of  any  Indian  war  or  hostilities  pending  at 
the  period  of  the  offense.  (See  opinion,  to  a  similar  effect,  of  the  Attorney- 
General  of  June  15,  1878,  XVI  Opins.,  48.)  Id.,  par.  167.  (Dig.  Op.  J.  A.  G., 
edition  of  1901.) 

Held,  (April,  1877)  that  superintendents  of  national  cemeteries,  being  no 
part  of  the  Army,  but  civilians  (see  section  4874,  Revised  Statutes),  were 
clearly  not  amendable  to  military  jurisdiction  or  trial  under  this  article  or 
otherwise.  (See,  to  the  same  effect,  the  opinion  of  the  Attorney-General 
of  May  15,  1878,  XVI  Opin.,  13,  referred  to  in  note  a.)  (Dig.  Op.  J.  A.  G., 
par.  168,  ed.  1901.) 

See  also  Dig.  Op.  J.  A.  G.  151,  LXIII  A  to  152  LXV. 

That  general  prisoners  are  within  the  jurisdiction  of  courts-martial,  see 
par.  493,  ante,  and  also  Manual  for  Courts-Martial,  page  128,  sec.  5. 

1  Military  offenses  are  not  territorial.  (See  Manual  for  Courts-Martial,  p.  14.) 
So  held  that  an  officer  who  exhibited  himself  in  an  intoxicated  condition  at 
a  public  ball  in  Mexico,  though  not  present  in  any  military  capacity,  was 
amenable  for  his  offense  to  the  jurisdiction  of  a  court-martial  in  Texas.  (Dig. 
Op.  J.  A.  G.,  par.  169,  ed.  1901;  Houston  v.  Moore,  5  Wh.,  20.) 

a  The  term  "  crime  "  is  here  employed  in  a  general  sense,  referring  to  offenses 
of  a  military  character  as  well  as  to  those  of  a  civil  character  which  are 
cognizable  by  court-martial.  (Compare  Wolton  v.  Gavin,  16  Ad.  &  EL,  66, 
68;  Simmons,  sec.  360.)  An  offense  in  violation  of  this  article  is  only  com- 
mitted when  an  officer  confined  in  "  close  arrest "  to  his  quarters  leaves  the 
same  without  authority.  A  breach  of  a  mere  formal  arrest  or  of  any  arrest 
not  accompanied  by  confinement  to  quarters  would  be  an  cffense  not  within 
this  article,  but  under  article  62.  (Dig.  Op.  J.  A.  G.,  par.  170,  ed.  1901.) 

Simply  disobeying  an  order  to  proceed  and  report  in  arrest  to  a  certain  com- 
mandsr  held  not  an  offense  chargeable  under  this  article.  Id.,  par  171. 


598  MILITARY  LAWS   OF   THE  UNITED  STATES. 

swords  by  the  commanding  officer.  And  any  officer  who  leaves  his 
confinement  before  he  is  set  at  liberty  by  his  commanding  officer  shall 
be  dismissed  from  the  service.1 

ART.  66.  Soldiers  charged  with  crimes  shall  be  confined  until  tried 
by  court-martial  or  released  by  proper  authority.* 

ART.  67.  No  provost-marshal,  or  officer  commanding  a  guard,  shall 
refuse  to  receive  or  keep  any  prisoner  committed  to  his  charge  by 
an  officer  belonging  to  the  forces  of  the  United  States ;  provided  the 
officer  committing  shall,  at  the  same  time,  deliver  an  account  in 
writing,  signed  by  himself,  of  the  crime  charged  against  the  pris- 
oner.3 

ART.  68.  Every  officer  to  whose  charge  a  prisoner  is  committed 
shall,  within  twenty-four  hours  after  such  commitment,  or  as  soon 
as  he  is  relieved  from  his  guard,  report  in  writing,  tc  the  command- 
ing officer,  the  name  of  such  prisoner,  the  crime  charged  against 
him,  and  the  name  of  the  officer  committing  him;  and  if  he  fails 
to  make  such  report,  he  shall  be  punished  as  a  court-martial  may 
direct. 

ART.  69.  Any  officer  who  presumes,  without  proper  authority,  to 
release  any  prisoner  committed  to  his  charge,  or  suffers  any  prisoner 
so  committed  to  escape,  shall  be  punished  as  a  court-martial  may 
direct.* 

1  The  requirement  of  this  article  that  an  offender  "shall  be  dismissed"  is 
held  to  be  exclusive  of  any  other  punishment.     A  sentence  of  dismissal  with 
forfeiture  of  pay  is  unauthorized  and  inoperative  as  to  the  forfeiture,  and  as  to 
this  should  be  disapproved.     (Dig.  Op.  J.  A.  G.,  par.  174,  ed.  1901.) 

2  Soldiers  held  in  military  arrest,  while  they  may  be  subjected  to  such  re- 
straint as  may  be  necessary  to  prevent  their  escaping  or  committing  violence, 
can  not  legally  be  subjected  to  any  punishment.    The  imposition  of  punishment 
upon  soldiers  while  thus  detained  has  been  on  several  occasions  emphatically 
denounced  by  department  commanders.     (See,  for  example,  the  remarks  of  such 
commanders  in  G.  O.,  23,  Department  of  the  East,  1863 ;  G.  O.,  26,  Department 
of  California,  1866;  G.  O.,  23,  Department  of  the  Lakes,  1870;  G.  O.,  106,  De- 
partment of  Dakota,  1871.    And  compare  remarks  of  Justice  Story  in  Steere  v. 
Field,  2  Mason,  516.     Dig.  Op.  J.  A.  G.,  par.  175,  Ed.  1901.     See  also  Dig.  Op. 
J.  A.  G.,  152  LXVI.) 

8  In  the  English  case  of  Wolton  v.  Gavin  (16  Ad.  and  El.,  70)  it  was  decided 
that  "  a  commanding  officer  receiving  a  soldier  charged  with  desertion  by  a 
noncommissioned  officer,  who  delivered  a  written  signed  charge  of  the  same, 
is  justified  under  this  article  in  detaining  such  soldier.  He  is  t>ound  to  receive 
the  prisoner  under  the  article  of  war  and  he  is  not  liable  to  an  action  for  so 
doing.  It  makes  no  difference  whether  the  crime  be  civil  or  military.  The 
fact  that  a  man  is  prima  facie  a  soldier,  and  enlistted,  is  sufficient  to  bring 
him  under  the  article  of  war.  The  duty  of  receiving  arises  eo  instanti — as  soon 
as  he  is  presented. 

If  such  imprisonment  proves  illegal,  the  committing  officer  becomes  re- 
sponsible, the  duty  of  the  officer  commanding  the  guard  being  ministerial 
merely.  See,  in  this  connection,  the  case  of  McCall  v.  McDowell,  1  Abbott,  212. 

4  General  Order  204  of  1908,  fixing  the  maximum  punishments,  appoints  dif- 
ferent limits  of  punishment  for  willfully  and  for  negligently  allowing  an  escape 
as  separate  offenses.  A  charge  for  suffering  an  escape  under  this  article  should 
therefore  indicate,  in  the  specification,  whether  the  act  is  alleged  to  be  willful 
or  negligent  only. 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  599 

ART.  70.  No  officer  or  soldier  put  in  arrest  shall  be  continued  in 
confmment  more  than  eight  days,  or  until  such  time  as  a  court- 
martial  can  be  assembled.1 

ART.  71.  When  an  officer  is  put  in  arrest  for  the  purpose  of  trial, 
except  at  remote  military  posts  or  stations,  the  officer  by  whose 
order  he  is  arrested  shall  see  that  a  copy  of  the  charges  on  which  he 
is  to  be  tried  is  served  upon  him  within  eight  days  after  his  arrest, 
and  that  he  is  brought  to  trial  within  ten  days  thereafter,  unless  the 
necessities  of  the  service  prevent  such  trial;  and  then  he  shall  be 
brought  to  trial  within  thirty  days  after  the  expiration  of  said  ten 
days.  If  a  copy  of  the  charges  be  not  served,  or  the  arrested  officer 
be  not  brought  to  trial,  as  herein  required,  the  arrest  shall  cease. 
But  officers  released  from  arrest,  under  the  provisions  of  this  article, 
may  be  tried  whenever  the  exigencies  of  the  service  shall  permit, 
within  twelve  months  after  such  release  from  arrest.2 

ART.  72.  Repealed  by  act  of  March  2, 1913  (37  Stat.  723). 

ART.  73.  Repealed  by  act  of  March  2,  1913   (37  Stat.  723). 

ART.  74.  Officers  who  may  appoint  a  court-martial  shall  be  com- 
petent to  appoint  a  judge-advocate  for  the  same.3 

That  whenever  a  court-martial  shall  sit  in  closed  session  the  judge- 
advocate  shall  withdraw,  and  when  his  legal  advice  or  his  assistance 
in  referring  to  recorded  evidence  is  required  it  shall  be  obtained  in 
open  court.  Sec.  2,  act  of  July  27, 1892  (27  Stat.  278) . 

ART.  75.  Repealed  by  act  of  March  2,  1913  (37  Stat.  723). 

ART.  76.  When  the  requisite  number  of  officers  to  form  a  general 
court-martial  is  not  present  in  any  post  or  detachment,  the  command- 
ing officer  shall,  in  cases  which  require  the  cognizance  of  such  a  court, 
report  to  the  commanding  officer  of  the  department,  who  shall  there- 
upon order  a  court  to  be  assembled  -at  the  nearest  post  or  department 
at  which  there  may  be  such  a  requisite  number  of  officers,  and  shall 

1  Detaining  soldiers  in  arrest  for  long  and  unreasonable  periods,  when  it  is 
practicable  to  bring  them  to  trial,  is  arbitrary  and  oppressive,  and  in  contra- 
vention both  of  the  letter  and  spirit  of  this  article.     Whether  the  delay  in  any 
case  is  to  be  regarded  as  so  far  unreasonable  as  properly  to  subject  the  com- 
mander responsible  therefor  to  military  charges  or  a  civil  action  must  depend 
upon  the  circumstances  of  the  situation  and  the  exigencies  of  the  service  at 
the  time.      (Compare  Blake's  case,  2  Maule  &  Sel.,  428;   Bailey  v.  Warden, 

4  id.,  400.    Dig.  Op.  J.  A.  G.,  par.  177,  Ed.  1901.) 

2  See  Dig.  Op.  J.  A.  G.,  152  LXXI  A  to  153  LXXII  A. 

"The  judge  advocate  of  a  military  court  shall  have  power  to  appoint  a  re- 
porter, who  shall  record  the  proceedings  of,  and  testimony  taken  before,  such 
court,  and  may  set  down  the  same  in  the  first  instance  in  shorthand.  The 
reporter  shall  before  entering  upon  his  duty  be  sworn  or  affirmed  faithfully  to 
perform  the  same.  (Sec.  1203,  R.  S.) 

Hereafter  enlisted  men  may  be  detailed  to  serve  as  stenographic  reporters 
for  general  courts-martial,  courts  of  inquiry,  military  commissions,  and  retiring 
boards,  and  while  so  serving  shall  receive  extra  pay  at  the  rate  of  not  exceeding 

5  cents  for  each  100  words  taken  in  shorthand  and  transcribed,  such  extra  pay 
to  be  met  from  the  annual  appropriation  for  expenses  of  courst-martial,  etc. 
(Act  of  Aug.  24,  1912,  37  Stat.  575.     See  Dig.  Op.  J.  A.  G.,  496-502.) 


600  MILITARY   LAWS   OF   THE  UNITED   STATES. 

order  the  party  accused,  with  necessary  witnesses,  to  be  transported 
to  the  place  where  the  said  court  shall  be  assembled. 

ART.  77.  Officers  of  the  Regular  Army  shall  not  be  competent  to  sit 
on  courts-martial  to  try  the  officers  or  soldiers  of  other  forces,  except 
as  provided  in  Article  78.1 

ART.  78.  Officers  of  the  Marine  Corps,  detached  for  service  with 
the  Army  by  order  of  the  President,  may  be  associated  with  officers 
of  the  Regular  Army  on  courts-martial  for  the  trial  of  offenders  be- 
longing to  the  Regular  Army,  or  to  forces  of  the  Marine  Corps  so 
detached;  and  in  such  cases  the  orders  of  the  senior  officer  of  either 
corps,  who  may  be  present  and  duly  authorized,  shall  be  obeyed.2 

ART.  79.  Officers  shall  be  tried  only  by  general  courts-martial,  and 
no  officer  shall,  when  it  can  be  avoided,  be  tried  by  officers  inferior 
to  him  in  rank.3 

ART.  80.  Repealed.4 

ART.  81.  Repealed  by  act  of  March  2,  1913  (37  Stat.  723). 

ART.  82.  Repealed  by  act  of  March  2,  1913  (37  Stat.  723). 

ART.  83.  Repealed  by  act  of  March  2, 1913  (37  Stat.  723). 

ART.  84.  The  judge-advocate  shall  administer  to  each  member  of 
the  court,  before  they  proceed  upon  any  trial,  the  following  oath, 
which  shall  also  be  taken  by  all  members  of  regimental  and  garrison 
courts-martial :  "You,  A  B,  do  swear  that  you  will  well  and  duly  try 
and  determine,5  according  to  evidence,  the  matter  now  before  you, 
between  the  United  /States  of  America  and  the  prisoner  to  be  tried, 
and  that  you  will  duly  administer  justice,  without  partiality,  favor, 
or  affection,  according  to  the  provisions  of  the  rules  and  articles  for 
the  government  of  the  armies  of  the  United  States,  and  if  any  doubt 
should  arise,  not  explained  by  said  articles,  then  according  to  your 
conscience,  the  best  of  your  understanding,  and  the  custom  of  war 
in  like  cases;  and  you  do  further  swear  that  you  will  not  divulge  the 
sentence  of  the  court  until  it  shall  be  published  by  the  proper  au- 
thority, except  to  the  judge-advocate;  neither  will  you  disclose  or 

1  See  Dig.  Op.  J.  A.  G.,  158  LXXVII,  A  1,  2,  3. 

2  See  par.  456,  ante. 

1  See  Dig.  Op.  J.  A.  G.,  493,  le. 

4  The  summary  court  was  established  by  the  act  of  October  1,  1890  (26  Stat 
648).  This  act  was  supplemented  and  amended  by  the  act  June  18,  1898 
(30  Stat.  484).  Both  of  these  acts  were  repealed  by  the  act  of  March  2,  1913 
(37  Stat.  723).  For  this  act  see  page  614  post. 

6  It  is  a  departure  from  the  engagement  expressed  in  the  body  of  the  oath — 
to  try  and  determine  according  to  evidence,  and  administer  justice  according 
to  the  Articles  of  War,  etc. — for  a  court-martial  to  determine  a  case  either  upon 
personal  knowledge  of  the  facts  possessed  by  the  members  and  not  put  in  evi- 
dence, or  according  to  the  private  views  of  justice  of  the  members  independently 
of  the  provisions  of  the  code  (c).  (Dig.  Op.  J.  A.  G.  97,  par.  3.  Ed.  1901.  See 
Dig.  Op.  J.  A.  G.  161,  LXXXIV  A  to  162  LXXXVI  A.) 

c  Compare  G.  O.  21,  Department  of  the  Ohio,  1866 ;  G.  C.  M.  O.  41,  Department 
of  Texas,  1874. 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  601 

discover  the  vote  or  opinion  of  any  particular  member  of  the  court- 
martial,  unless  required  to  give  evidence  thereof,  as  a  witness,  by  a 
court  of  justice,  in  a  due  course  of  law.  So  help  you  God."  Act  of 
July  27, 1892  (27  Stat.  278). 

ART.  85.  When  the  oath  has  been  administered  to  the  members  of 
a  court-martial,  the  president  of  the  court  shall  administer  to  the 
judge-advocate,  or  person  officiating  as  such,  an  oath  in  the  following 
form: 

"You,  A  B,  do  swear  that  you  will  not  disclose  or  discover  the  vote 
or  opinion  of  any  particular  member  of  the  court-martial,  unless 
required  to  give  evidence  thereof,  as  a  witness,  by  a  court  of  justice, 
in  due  course  of  law  /  nor  divulge  the  sentence  of  the  court  to  any 
but  the  proper  authority  until  it  shall  be  duly  disclosed  by  the  same. 
So  help  you  God." 

ART.  86.  A  court-martial  may  punish,  at  discretion,  any  person 
who  uses  any  menacing  words,  signs,  or  gestures,  in  its  presence,  or 
who  disturbs  its  proceedings  by  any  riot  or  disorder.1 

ART.  87.  All  members  of  a  court-martial  are  to  behave  with  de- 
cency and  calmness. 

ART.  88.  Members  of  a  court-martial  may  be  challenged  by  a 
prisoner,  but  only  for  cause  stated  to  the  court.  The  court  shall 
determine  the  relevancy  and  validity  thereof,  and  shall  not  receive 
a  challenge  to  more  than  one  member  at  a  time.2 

1  Contempts,  broadly  considered,  are  of  two  kinds — direct  and  constructive. 
Contempts  committed  in  the  presence  of  the  court,  sitting  judicially,  or  so  near 
as  to  interfere  with  the  orderly  course  of  procedure,  are  direct  contempts.  Con- 
tempts committed,  not  in  presence  of  the  court,  but  which  tend,  by  their  opera- 
tion, to  interrupt,  obstruct,  embarrass,  or  prevent  the  due  and  orderly  adminis- 
tration of  justice,  are  constructive  contempts.  (Indianapolis  Water  Co.  v.  The 
American  Strawboard  Co.,  75  Fed.  Rep.,  972.)  Over  the  former,  direct  con- 
tempts courts-martial  are  endowed  with  jurisdiction  by  the  terms  of  the  eighty- 
sixth  Article  of  War;  in  respect  to  the  latter,  constructive  contempts,  when 
committed  by  persons  not  subject  to  military  jurisdiction,  courts-martial  are 
without  jurisdiction.  (See  Dig  Op.  J.  A.  G.  162,  163,  LXXXVI.) 

58  This  article  authorizes  the  exercise  of  the  right  of  challenge  before  all 
courts  except  summary  courts.  These  courts  are  not  subject  to  be  challenged, 
because,  being  composed  of  but  one  member,  there  is  no  authority  provided 
which  is  competent  to  pass  upon  the  validity  of  the  challenge. 

At  the  trial  of  an  officer  in  1853,  the  accused  challenged  a  member  of  the 
court  "  for  bias,  prejudice,  and  malice."  The  challenged  member  thereupon 
stated  "  that  he  had  no  prejudice  or  bias  against  the  accused  which  could  in 
the  remotest  degree  interfere  with  his  doing  justice  in  the  case,"  but,  "  being 
challenged,  he  requested  to  be  relieved  from  sitting  on  the  court,"  which  the 
court  refused,  and  overruled  the  challenge.  The  accused  then  requested  that 
the  member  might  be  put  on  his  voir  dire  in  order  that  he  might  examine  him 
as  to  the  extent  of  any  prejudice  he  might  entertain,  which  application  the  court 
also  refused.  This  refusal  of  the  right  of  an  accused  person  to  place  a  chal- 
lenged member  on  his  voir  dire,  in  order  to  ascertain  whether  the  grounds  of 
challenge  advanced  by  him  were  or  were  not  sufficient,  was  disapproved  by  the 
Secretary  of  War  upon  the  ground  that  "  an  accused  is  now  allowed  in  all 
cases,  for  the  better  security  of  an  impartial  trial,  to  show  the  mind  of  the 
juror  by  examining  him  before  the  court,  and  the  only  exception  is  where  the 
cause  of  the  challenge  goes  to  the  disgrace  or  discredit  of  the  juror."  (G.  O. 
No.  21,  War  Dept,  of  1853.) 

In  the  case  of  an  enlisted  man  tried  in  1875,  the  judge-advocate  of  the  court 
was  the  principal  witness  against  the  prisoner  and  was  directly  interested  in 


602  MILITARY   LAWS   OF   THE  UNITED   STATES. 

ART.  89.  When  a  prisoner,  arraigned  before  a  general  court-martial, 
from  obstinacy  and  deliberate  design,  stands  mute,  or  answers  for- 
eign to  the  purpose,  the  court  may  proceed  to  trial  and  judgment  as 
if  the  prisoner  had  pleaded  not  guilty.1 

ART.  90.  The  judge  advocate,2  or  some  person  deputed  by  him,  or 
by  the  general  or  officer  commanding  the  Army,  detachment,  or  gar- 
rison, shall  prosecute  in  the  name  of  the  United  States,  but  when  the 
prisoner  has  made  his  plea,  he  shall  so  far  consider  himself  counsel 
for  the  prisoner  as  to  object  to  any  leading  question  to  any  of  the  wit- 
nesses, and  to  any  question  to  the  prisoner  the  answer  to  which  might 
tend  to  criminate  himself. 

ART.  91.  The  depositions  of  witnesses  residing  beyond  the  limits  of 
the  State,  Territory,  or  district  in  which  any  military  court  may  be 
ordered  to  sit,  if  taken  on  reasonable  notice  to  the  opposite  party  and 
duly  authenticated,  may  be  read  in  evidence  before  such  court  in  cases 
not  capital.3 

ART.  92.  All  persons  who  give  evidence  before  a  court-martial  shall 
be  examined  on  oath,  or  affirmation,  in  the  following  form :  "  You 
swear  (or  affirm)  that  the  evidence  you  shall  give,  in  the  case  now  in 

his  conviction.  In  this  case  it  was  remarked  by  the  reviewing  officer  (the 
Secretary  of  War)  that  "it  was  not  contemplated  that  a  prisoner  would  be 
.brought  to  trial  before  this  court  on  charges  which  raised  the  question  whether 
its  judge-advocate  had  not  himself  been  guilty  of  official  misconduct.  But  such 
was  the  fact  in  this  case.  The  judge-advocate  had  a  personal  interest  in  the 
conviction  of  the  prisoner  and  was  also  the  principal  witness  against  him." 
Under  such  circumstances  the  officer  should  have  applied  to  the  proper  au- 
thority to  be  relieved  from  duty  as  judge-advocate.  The  proceedings  were 
disapproved.  (G.  C.  M.  O.  No.  41,  War  Dept,  1875;  see  also  G.  C.  M.  O.  66, 
1875.  See  Dig.  Op.  J.  A.  G.,  502  IV-N.) 

The  accused  were  Indian  scouts,  charged  with  mutiny.  Some  of  the  members 
of  the  court,  though  disclaiming  any  prejudice  against  the  accused  personally, 
were  aware  that  they  were  present  at  the  outbreak,  and  were  fully  apprised, 
from  their  own  personal  presence  or  knowledge  of  the  circumstances,  that  the 
mutiny,  which  had  involved  homicide,  constituted  a  most  aggravated  offense 
of  the  class.  Held  that  as  these  members  could  scarcely  avoid  applying  their 
impressions  to  the  accused  when  shown  to  be  connected  with  the  disorder,  they 
would  fairly  have  been  subject  to  objection  as  triers.  (Id.,  par.  253,  Ed.  1901.) 

That  an  accuser  or  a  witness  for  the  prosecution  can  no  longer  sit  as  a 
member  of  a  general  or  special  court,  see  page  615,  post. 

It  is  not  necessary  (though  usual  and  proper)  for  a  member  to  withdraw 
from  the  court  room  on  being  challenged  and  pending  the  deliberation  on  the 
objection.  (See  Dig.  Op.  J.  A.  G.,  163,  LXXXVIII  A.  B.  C. ;  550-551  C  2,  C  2  a ; 
562  a(15)  ;  573  E  10;  575  F  7;  1070  (d)  [1].) 

1  See  Dig.  Op.  J.  A.  G.,  516  E  2  to  518  E  5  b.  as  to  pleas  in  general. 

a  Whenever  a  court-martial  shall  sit  in  closed  session  the  judge  advocate  shall 
withdraw,  and  when  his  legal  advice  or  his  assistance  in  referring  to  recorded 
evidence  is  required  it  shall  be  obtained  in  open  court.  ( Sec.  2,  act  of  July  27, 
1892,  27  Stat.  278.) 

That  judge  advocates  of  departments  and  of  courts-martial,  and  the  trial 
officers  of  summary  courts,  are  hereby  authorized  to  administer  oaths  for  the 
purposes  of  the  administration  of  military  justice,  and  for  other  purposes  of 
military  administration.  (Sec.  4,  id.) 

For  decisions  upon  the  subject  of  judge  advocate,  see  Dig.  Op.  J.  A.  G.,.  496 
to  503. 

8  See  Dig.  Op.  J.  A.  G.,  163  XCI  A  to  165  XCIII ;  also  Manual  for  Courts- 
Martial. 


MILITAKY   LAWS   OF   THE   UNITED   STATES.  603 

hearing,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
So  help  you  God." x 

1  This  article  prescribes  a  single  specific  form  of  oath  to  be  taken  by  all  wit- 
nesses. The  Constitution,  however  (article  1  of  amendment),  has  provided  that 
Congress  shall  make  no  law  prohibiting  the  free  exercise  of  religion.  Where, 
therefore,  the  prescribed  form  is  not  in  accordance  with  the  religious  tenets  of  a 
witness,  he  should  be  permitted  to  be  sworn  according  to  the  ceremonies  of  his 
own  faith  or  as  he  may  deem  binding  on  his  conscience.  (See  1  Greenl.  Ev., 
sec.  371;  O'Brien,  260.  Dig.  Op.  J.  A.  G.,  par.  274,  note  2,  ed.  1901.) 

The  article  does  not  prescribe  by  whom  the  oath  shall  be  administered.  By 
the  custom  of  the  service  it  is  administered  by  the  judge  advocate.  (And  see 
now  the  provision  of  the  act  of  July  27,  1892,  sec.  4.)  When  the  judge  advocate 
himself  takes  the  witness  stand,  he  is  properly  sworn  by  the  president  of  the 
court.  (Id.,  par.  274.) 

That  courts-martial  follow  in  general,  so  far  as  apposite,  the  common-law 
rules  of  evidence  as  observed  by  the  United  States  courts  in  criminal  cases. 
See  p.  45,  Manual  for  Courts-Martial* 

The  competency  of  a  witness  to  testify  in  any  civil  action,  suit,  or  proceed- 
ing in  the  courts  of  the  United  States  shall  be  determined  by  the  laws  of  the 
State  or  Territory  in  which  the  court  is  held.  (Act  of  June  29,  1906,  34  Stat. 
618.) 

In  the  trial  of  all  indictments,  informations,  complaints,  and  other  proceed- 
ings against  persons  charged  with  the  commission  of  crimes,  offenses,  and  mis- 
demeanors, in  the  United  States  courts,  Territorial  courts,  and  courts-martial, 
and  courts  of  inquiry,  in  any  State  or  Territory,  including  the  District  of  Colum- 
bia, the  person  so  charged  shall,  at  his  own  request,  but  not  otherwise,  be  a 
competent  witness.  And  his  failure  to  make  such  request  shall  not  create  any 
presumption  against  him.  (Act  of  Mar.  16,  1878,  20  Stat.  30.) 

That  in  any  proceeding  before  a  court  or  judicial  officer  of  the  United  States 
where  the  genuineness  of  the  handwriting  of  any  person  may  be  involved,  any 
admitted  or  proved  handwriting  of  such  person  shall  be  competent  evidence  as 
a  basis  for  comparison  by  witnesses,  or  by  the  jury,  court,  or  officer  conducting 
such  proceeding,  to  prove  or  disprove  such  genuineness.  (Act  of  Feb.  26,  1913, 
37  Stat.  683.) 

The  jury  in  a  criminal  case  are  not  bound  by  the  expert  evidence  as  to  hand- 
writing any  further  than  it  coincides  with  their  own  opinion  or  than  they  think 
it  deserves  to  be  credited.  (U.  S.  v.  Molloy,  31  Fed.  Rep.,  19.) 

Documentary  evidence. — Copies  of  any  books,  records,  papers,  or  documents 
in  any  of  the  executive  departments,  authenticated  under  the  seals  of  such  de- 
partments, respectively,  shall  be  admitted  in  evidence  equally  with  the  originals 
thereof.  (Sec.  882,  R.  S.) 

See  in  this  connection,  Dig.  Op.  J.  A.  G.,  533, 17  a  (1)  to  536, 17  c. 

Copies  of  any  documents,  records,  books,  or  papers  in  the  office  of  the  Solic- 
itor of  the  Treasury,  certified  by  him  under  the  seal  of  his  office,  or,  when  his 
office  is  vacant,  by  the  officer  acting  as  solicitor  for  the  time,  shall  be  evidence 
equally  with  the  originals.  (Sec.  883,  R.  S.) 

When  suit  is  brought  in  any  case  of  delinquency  of  a  revenue  officer,  or  other 
person  accountable  for  public  money,  a  transcript  from  the  books  and  proceed- 
ings of  the  Treasury  Department,  certified  by  the  Secretary  or  an  Assistant 
Secretary  of  the  Treasury  and  authenticated  under  the  seal  of  the  Department, 
or,  when  the  suit  involves  the  accounts  of  the  War  or  Navy  Departments,  certi- 
fied by  the  auditors  respectively  charged  with  the  examination  of  those  ac- 
counts, and  authenticated  under  the  seal  of  the  Treasury  Department,  shall  be 
admitted  as  evidence,  and  the  court  trying  the  cause  shall  be  authorized  to 
grant  judgment  and  award  execution  accordingly.  And  all  copies  of  bond^, 
contracts,  or  other  papers  relating  to,  or  connected  with,  the  settlement  of  any 
account  between  the  United  States  and  an  individual,  when  certified  by  such 
auditor  to  be  true  copies  of  the  originals  on  file,  and  authenticated  under  the 
seal  of  the  department,  may  be  annexed  to  such  transcripts,  and  shall  have 
equal  validity,  and  be  entitled  to  the  same  degree  of  credit  which  would  be  due 
to  the  original  papers  if  produced  and  authenticated  in  court:  Provided,  That 
where  suit  is  brought  upon  a  bond  or  other  sealed  instrument,  and  the  defend- 
ant pleads  "  non  est  factum,"  or  makes  his  motion  to  the  court,  verifying  such 
plea  or  motion  by  his  oath,  the  court  may  take  the  same  into  consideration,  and, 
if  it  appears  to  be  necessary  for  the  attainment  of  justice,  may  require  the  pro- 
duction of  the  original  bond,  contract,  or  other  paper  specified  in  such  affi- 


604  MILITARY   LAWS   OF   THE  UNITED  STATES. 

davit.  ( Sec.  17,  act  of  July  31,  1894,  28  Stat.  210 ;  Walton  v.  U.  S.,  9  Wh.,  651 ; 
U.  S.  v.  Buford,  3  Pet.,  12 ;  Smith  v.  U.  S.,  5  Pet.,  292 ;  Cox  v.  U.  S.,  6  Pet,  172 ; 
U.  S.  v.  Jones,  8  Pet,  375;  Gratiot  v.  U.  S.,  15  Pet,  336;  U.  S.  v.  Irving,  1 
How.,  250 ;  Hoyt  v.  U.  S.,  10  How.,  109 ;  Bruce  v.  U.  S.,  17  How.,  437 ;  U.  S.  v. 
Edwards,  1  McLean,  467 ;  U.  S.  v.  Hilliard  et  al.,  3  McLean,  324 ;  U.  S.  v.  Lent, 
1  Paine,  417;  U.  S.  v.  Martin,  2  Paine,  68;  U.  S.  v.  Van  Zandt,  2  Cr.  C.  C.) 

Upon  the  trial  of  any  indictment  against  any  person  for  embezzling  public 
moneys,  it  shall  be  sufficient  evidence,  for  the  purpose  of  showing  a  balance 
against  such  person,  to  produce  a  transcript  from  the  books  and  proceedings 
of  the  Treasury  Department,  as  provided  by  the  preceding  section.  (Sec. 
887,  R.  S.) 

A  copy  of  any  return  of  a  contract  returned  and  filed  in  the  returns  office  of 
the  Department  of  the  Interior,  as  provided  by  law,  when  certified  by  the  clerk 
of  the  said  office  to  be  full  and  complete,  and  when  authenticated  by  the  seal 
of  the  department,  shall  be  evidence  in  any  prosecution  against  any  officer  for 
falsely  and  corruptly  swearing  to  the  affidavit  required  by  law  to  be  made  by 
such  officer  in  making  his  return  of  any  contract,  as  required  by  law,  to  said 
returns  office.  (Sec.  888,  R.  S.) 

Extracts  from  the  Journals  of  the  Senate  or  of  the  House  of  Representatives, 
and  of  the  Executive  Journal  of  the  Senate  when  the  injunction  of  secrecy 
is  removed,  certified  by  the  Secretary  of  the  Senate  or  by  the  Clerk  of  the  House 
of  Representatives,  shall  be  admitted  as  evidence  in  the  courts  of  the  United 
States,  and  shall  have  the  same  force  and  effect  as  the  originals  would  have  if 
produced  and  authenticated  in  court.  (Sec.  895,  R.  S.) 

Copies  of  all  official  documents  and  papers  in  the  office  of  any  consul,  vice 
consul,  or  commercial  agent  of  the  United  States,  and  of  all  official  entries  in 
the  books  or  records  of  any  such  office,  certified  under  the  hand  and  seal  of  such 
officer,  shall  be  admitted  in  evidence  in  the  courts  of  the  United  States.  (Sec. 
896,  R.  S.) 

The  acts  of  the  legislature  of  any  State  or  Territory,  or  of  any  country  sub- 
ject to  the  jurisdiction  of  the  United  States,  shall  be  authenticated  by  having 
the  seals  of  such  State,  Territory,  or  country  affixed  thereto.  The  records  and 
judicial  proceedings  of  the  courts  of  any  State  or  Territory,  or  of  any  such  coun- 
try, shall  be  proved  or  admitted  in  any  other  court  within  the  United  States,  by 
the  attestation  of  the  clerk,  and  the  seal  of  the  court  annexed,  if  there  be  a  seal, 
together  with  a  certificate  of  the  judge,  chief  justice,  or  presiding  magistrate  that 
the  said  attestation  is  in  due  form.  And  the  said  records  and  judicial  proceed- 
ings, so  authenticated,  shall  have  such  faith  and  credit  given  to  them  in  every 
court  within  the  United  States  as  they  have  by  law  or  usage  in  the  courts  of  the 
State  from  which  they  are  taken.  ( Sec.  905,  R.  S. )  (Ferguson  v.  Harwood,  7  Cr.. 
408 ;  Mills  v.  Duryea,  7  Cr.,  481 ;  U.  S.  v.  Amedy,  11  Wh.,  392 ;  Buckner  v.  Finley, 
2  Pet,  592 ;  Owings  v.  Hull,  9  Pet.,  627 ;  Urtetiqui  v.  D'Arbel,  9  Pet.,  700 ;  Mc- 
Elmoyle  v.  Cohen,  13  Pet.,  312;  Stacey  v.  Thrasher,  6  How.,  44;  Bank  of 
Alabama  v.  Dalton,  9  How.,  522;  D'Arcy  v.  Ketchurn,  11  How.,  165;  Railroad 
v.  Howard,  13  How.,  307 ;  Booth  v.  Clark,  17  How.,  322 ;  Mason  v.  Lawrason, 
1  Cr.  C.  C.,  190;  Buford  v.  Hicknian,  Hemp.,  232;  Craig  v.  Brown,  Pet.  C.  C., 
354;  Stewart  v.  Gray,  Hemp.,  94;  Gardner  v.  Lindo,  1  Cr.  C.  C.,  78;  Trigg  v. 
Conway,  Hemp.,  538 ;  Turner  v.  Waddington,  3  Wash.  C.  C.,  126 ;  Catlin  v.  Un- 
derbill, 4  McL.,  199 ;  Morgan  v.  Curtenius,  4  McL.,  366 ;  Hale  v.  Brotherton,  3 
Cr.  C.  C.,  594;  Mewster  v.  Spalding,  6  McL.,  24;  Parrot  v.  Habersham,  1  Cr. 
C.  C.,  14 ;  Talcott  v.  Delaware  Ins.  Com.,  2  Wash.  C.  C.,  449 ;  James  v.  Stookey, 
1  Wash.  C.  C.,  330;  Bennett  v.  Bennett,  Dist.  Crt,  Oregon,  1867.) 

The  courts  of  the  United  States  take  judicial  notice  of  the  public  statutes  of 
the  several  States.  (Merchants  Exch.  Bank  v.  McGraw,  59  Fed  Rep.,  972; 
Owings  v.  Hull,  9  Peters,  625;  Bank  v.  Francklyn,  120  U.  S.,  747;  Lamar  v. 
Micou,  114  U.  S.,  857;  Gormley-v.  Bunyan,  138  U.  S.,  453.) 

The  testimony  of  a  credible  witness,  whether  a  lawyer  or  a  layman,  with 
reasonable  means  of  information,  to  the  effect  that  a  volume  containing  what 
purports  to  be  a  statute  of  a  foreign  country  is  commonly  received  in  the  busi- 
ness and  courts  of  such  country  as  such,  is  competent  and  sufficient  proof  of  the 
existence  of  such  statute.  (Dundee  Mortgage  and  Investment  Co.  v.  Cooper,  26 
Fed.  Rep.,  665.) 

All  records  and  exemplifications  of  books  which  may  be  kept  in  any  public 
office  of  any  State  or  Territory,  or  of  any  country  subject  to  the  jurisdiction 
of  the  United  States,  not  appertaining  to  a  court,  shall  be  proved  or  admitted 
in  any  court  or  office  in  any  other  State  or  Territory,  or  in  any  such  country, 
by  the  attestation  of  the  keeper  of  the  said  records  or  books,  and  the  seal  of 
his  office  annexed,  if  there  be  a  seal,  together  with  a  certificate  of  the  presiding 


MILITARY   LAWS   OF    THE   UNITED   STATES.  605 

justice  of  the  court  of  the  county,  parish,  or  district  in  which  such  office  may 
be  kept,  or  of  the  governor,  or  secretary  of  state,  the  chancellor  or  keeper  of 
the  great  seal  of  the  State,  or  Territory,  or  country,  that  the  said  attestation 
is  in  due  form,  and  by  the  proper  officers.  If  the  said  certificate  is  given  by 
the  presiding  justice  of  a  court,  it  shall  be  further  authenticated  by  the  clerk 
or  prothonotary  of  the  said  court,  who  shall  certify,  under  his  hand  and  the 
seal  of  his  office,  that  the  said  presiding  justice  is  duly  commissioned  and 
qualified;  or,  if  given  by  such  governor,  secretary,  chancellor,  or  keeper  of 
the  great  seal,  it  shall  be  under  the  great  seal  of  the  State,  Territory,  or 
country  aforesaid  in  which  it  is  made.  And  the  said  records  and  exemplifica- 
tions, so  authenticated,  shall  have  such  faith  and  credit  given  to  them  in  every 
court  and  office  within  the  United  States  as  they  have  by  law  or  usage  in  the 
courts  or  offices  of  the  State,  Territory,  or  country,  as  aforesaid,  from  which 
they  are  taken.  (Sec.  906,  R.  S.) 

The  edition  of  the  laws  of  the  United  States,  published  by  Little  &  Brown, 
shall  be  competent  evidence  of  the  several  public  and  private  acts  of  Congress, 
and  of  the  several  treaties  therein  contained,  in  all  the  courts  of  law  and 
equity  and  of  maritime  jurisdiction,  and  in  all  the  tribunals  and  public  offices 
of  the  United  States,  and  of  the  several  States,  without  any  further  proof  or 
authentication  thereof.  (Sec.  90S,  R.  S.) 

See,  in  respect  to  the  Revised  Statutes  and  Statutes  at  Large  of  the  United 
States,  paragraphs  307-323,  ante. 

Every  judge  advocate  of  a  court-martial  shall  have  power  to  issue  the  like 
process  to  compel  witnesses  to  appear  and  testify  which  courts  of  criminal 
jurisdiction  within  the  State,  Territory,  or  District  where  such  military  courts 
shall  be  ordered  to  sit  may  lawfully  issue.  (Sec.  1202,  R.  S.) 

See  Manual  for  Courts-Martial  35-39;  see  also  Dig.  Op.  J.  A.  G. 

The  authority  to  issue  process  to  compel  civilian  witnesses  to  appear  and 
testify  is  vested,  by  section  1202,  Revised  Statutes,  in  "  every  judge  advocate 
of  a  court-martial."  The  present  statute,  however  (unlike  the  original  form), 
does  not  extend  the  authority  to  recorders  of  courts  of  inquiry.  Further,  the 
authority,  being  vested  exclusively  and  independently  in  the  judge  advocate, 
can  not  be  exercised  by  the  court.  The  attachment  is  thus  not  a  writ  or  process 
of  the  court  but  simply  a  compulsory  instrumentality  placed  at  the  disposition 
of  the  judge  advocate  as  the  prosecuting  oflcial  representing  the  United  States. 
(Dig.  Op.  J.  A.  G.,  par.  2478,  Ed.  1901.) 

A  judge  advocate  can  not  properly  direct  an  attachment  to  a  United  States 
marshal  or  deputy  marshal  or  other  civil  official.  Some  military  officer  or 
person  should  be  designated  by  him,  or  detailed  for  the  purpose  by  superior 
authority.  In  executing  the  attachment,  the  needful  force  may  be  employed, 
but  no  more.  (Id.,  par.  24S1.) 

The  judge  advocate  is  authorized  only  to  initiate  the  process  of  attachment. 
The  statute  does  not  specify  by  whom  it  shall  be  executed,  and  the  judge 
advocate  is  not  authorized  to  command  any  officer  or  person  to  serve  it,  nor 
has  the  court  any  such  power.  (Id.,  par.  1551.) 

The  subject  of  the  extent  of  the  authority  of  the  courts  to  compel  telegraph 
companies  to  produce  original  private  telegrams  for  use  in  evidence  is  most 
fully  treated  in  an  essay  by  Henry  Hitchcock,  Esq.,  on  the  "  Inviolability  of 
telegrams,"  published  in  the  Southern  Law  Review  for  October,  1879. 

Every  person  not  belonging  to  the  Army  of  the  United  States  who,  being 
duly  subpoenaed  to  appear  as  a  witness  before  a  general  court-martial  of  the 
Army,  willfully  neglects  or  refuses  to  appear,  or  refuses  to  qualify  as  a  witness 
or  to  testify  or  produce  documentary  evidence  which  such  person  may  have 
been  legally  subpoenaed  to  produce,  shall  be  deemed  guilty  of  a  misdemeanor, 
for  which  such  person  shall  be  punished  on  information  in  the  district  court  of 
the  United  States;  and  it  shall  be  the  duty  of  the  United  States  district  at- 
torney, on  the  certification  of  the  facts  to  him  by  the  general  court-martial, 
to  file  an  information  against  and  prosecute  the  person  so  offending,  and  the 
punishment  of  such  person,  on  conviction,  shall  be  a  fine  of  not  more  than 
five  hundred  dollars  or  imprisonment  not  to  exceed  six  months,  or  both,  at 
the  discretion  of  the  court :  Provided,  That  this  shall  not  apply  to  persons  resid- 
ing beyond  the  State,  Territory,  or  District  in  which  such  general  court-martial  is 
held,  and  that  the  fees  of  such  witness,  and  his  mileage  at  the  rates  provided  for 
witnesses  in  the  United  States  district  court  for  said  State,  Territory,  or  District 
shall  be  duly  paid  or  tendered  said  witness,  such  amounts  to  be  paid  by  the 
or  to  answer  any  question  which  may  tend  to  incriminate  or  degrade  him. 
(Act  of  Mar.  2,  1901,  31  Stat.  950.) 

See  Manual  for  Courts-Martial,  38-39,  for  a  similar  act  by  the  Philippine 
Commission,  April  28,  1904. 


606  MILITAEY   LAWS   OF   THE  UNITED   STATES. 

ART.  93.  A  court-martial  shall,  for  reasonable  cause,  grant  a  con- 
tinuance to  either  party,  for  such  time,  and  as  often,  as  may  appear 
to  be  just:  Provided,  That  if  the  prisoner  be  in  close  confinement, 
the  trial  shall  not  be  delayed  for  a  period  longer  than  sixty  days.1 

ART.  94.  Repealed  by  act  of  March  2, 1901  (31  Stat.  951). 

ART.  95.  Members  of  a  court-martial,  in  giving  their  votes,  shall 
begin  with  the  youngest  in  commission. 

ART.  96.  No  person  shall  be  sentenced  to  suffer  death  except  by 
the  concurrence  of  two-thirds  of  the  members  of  a  general  court- 
martial,  and  in  the  cases  herein  expressly  mentioned.2 

ART.  97.  No  person  in  the  military  service  shall,  under  the  sentence 
of  a  court-martial,  be  punished  by  confinement  in  a  penitentiary, 
unless  the  offense  of  which  he  may  be  convicted  would,  by  some 
statute  of  the  United  States,  or  by  some  statute  of  the  State,  Terri- 
tory, or  District  in  which  such  offense  may  be  committed,  or  by  the 
common  law,  as  the  same  exists  in  such  State,  Territory,  or  District, 
subject  such  convict  to  such  punishment.3 

1  See  Manual  for  .Courts-Martial,  31-32 ;  also  Dig.  Op.,  J.  A.  G.,  165,  XCIII, 
Al,  2. 

It  is  not  the  practice  of  courts-martial  to  admit  counter  affidavits  from  the 
opposite  party  as  to  what  the  absent  witness  would  testify.  And  as  to  the 
civil  practice,  see  Williams  v.  State,  6  Nebr.,  334. 

Compare  People  v.  Thompson,  4  Cal.,  238 ;  Parker  v.  State,  55  Miss.,  414. 

A  military  accused  can  not  be  charged  with  laches  in  not  procuring  the  at- 
tendance at  his  trial  of  a  witness  who  is  prevented  from  being  present  by 
superior  military  authority.  Thus  in  a  case  in  G.  O.  63,  Department  of  Dakota, 
1872,  an  accused  soldier  was  held  entitled  to  a  continuance  till  the  return  of 
material  witnesses  then  absent  on  an  Indian  expedition. 

a  Though  it  has  sometimes  been  viewed  otherwise,  it  is  deemed  quite  clear 
upon  the  terms  of  the  present  article  that  it  is  not  necessary  to  the  legality 
of  a  death  sentence  that  two-thirds  of  the  court  should  have  concurred  in  the 
finding  as  well  as  the  sentence.  Further,  in  the  absence  of  any  requirement 
to  that  effect  in  the  article,  it  is  not  deemed  essential  to  the  validity  of  the 
sentence  that  the  record  should  state  the  fact  that  two-thirds  of  the  court  con- 
curred therein.  The  practice,  however,  has  been  to  add  such  a  statement. 
(Id.,  112,  par,  1,  Ed.  1901.) 

Where  a  death  sentence  imposed  by  a  court-martial  has  been  directed  by  the 
proper  authority  to  be  executed  on  a  particular  day,  and  this  day,  owing  to 
some  exigency  of  the  service,  has  gone  by  without  the  sentence  being  executed, 
it  is  competent  for  the  same  authority,  or  his  proper  superior,  to  name  another 
day  for  the  purpose,  the  time  of  its  execution  being  an  immaterial  element  of 
this  punishment.  (Id.,  par.  288;  see  also  Dig.  Op.,  J.  A.  G.,  165,  XCVI,  A,  B.) 

In  the  case  of  an  enlisted  man,  tried  by  a  general  court-martial  for  a  viola- 
tion of  the  twenty-first  Article  of  War,  the  record  failed  to  show  affirmatively 
that  two-thirds  of  the  members  concurred  in  the  imposition  of  the  death 
sentence;  the  sentence  was  therefore  disapproved  by  the  President.  G.  O.  172, 
A.  G.  O.,  1862.  See,  also,  G.  O.  18,  A.  G.  O.,  1863. 

'Penitentiary  confinement  can  not  be  legalized  as  a  punishment  for  purely 
military  offenses  by  designating  a  penitentiary  as  a  "military  prison"  and 
Pay  Department  of  the  Army  out  of  the  appropriation  for  compensation  of 
witnesses :  Provided,  That  no  witness  shall  be  compelled  to  incriminate  himself 
ordering  the  confinement  there  of  soldiers  sentenced  to  imprisonment  on  con- 
viction of  such  offenses.  (Dig.  Op.,  J.  A.  G.,  par.  290;  ed.  1901.) 

Where  a  court-martial  specifically  sentences  an  accused  to  confinement  in  a 
"  military  prison,"  he  can  not  legally  be  committed  to  a  penitentiary,  although 
such  form  of  imprisonment  would  be  authorized  by  the  character  of  his  offense. 
But  where  a  sentence  of  confinement  is  expressed  in  general  terms,  as  where 


MILITARY   LAWS   OF   THE    UNITED   STATES.  607 

ART.  98.  No  person  in  the  military  service  shall  be  punished  by 
flogging,  or  by  branding,  marking,  or  tattooing  on  the  body. 

ART.  99.  No  officer  shall  be  discharged  or  dismissed  from  the 
service,  except  by  order  of  the  President,  or  by  sentence  of  a  gen- 
eral court-martial ;  and  in  time  of  peace  no  officer  shall  be  dismissed, 
except  in  pursuance  of  the  sentence  of  a  court-martial,  or  in  mitiga- 
tion thereof.1 

it  directs  that  the  accused  shall  be  confined  "in  such  place  or  prison  as  the 
proper  authority  may  order,"  or  in  terms  to  such  effect,  held  that  the  same 
may,  under  this  article,  legally  be  executed  by  the  commitment  of  the  party 
to  a  penitentiary,  to  be  designated  by  the  reviewing  officer  or  Secretary  of  War, 
provided,  of  course,  the  offense  is  of  such  a  nature  as  to  warrant  this  form 
of  punishment.  (Id.,  par.  295.) 

A  conviction  of  a  larceny  of  property  of  such  slight  value  as  not  to  authorize 
this  punishment  under  the  local  law  would  not  warrant  a  sentence  of  confine- 
ment in  a  penitentiary.  In  a  case  of  larceny  the  court  should  inform  itself 
as  to  whether  the  value  of  the  property  stolen  be  not  too  small  to  permit  of 
penitentiary  confinement  for  the  offense  under  the  law  of  the  State,  etc.  (Id., 
115,  par.  13.) 

A  punishment  of  confinement  in  a  penitentiary,  where  legal,  may  be  miti- 
gated to  confinement  in  a  military  prison  or  at  a  military  post.  (Id.,  par.  299.) 

A  military  prisoner  duly  sentenced  or  committed  to  a  penitentiary  becomes 
subject  to  the  government  and  rules  of  the  institution.  (Id.,  par.  293.) 

See  Dig.  Op.,  J.  A.  G.,  165,  XCVII,  A  to  166,  C  A;  415  X,  C,  1,  2;  563  a  (17)  ; 
565  g,  g  1 ;  569  H  3 ;  583  h  (1)  ;  also  pars.  966-967,  A.  R.,  1913. 

For  the  method  of  dealing  with  prisoners  see  G.  O.  56,  War  Dept,  Sept.  17, 
1913,  paragraph  15  of  which  reads  as  follows : 

"It  is  the  policy  of  the  War  Department  to  separate,  so  far  as  practicable, 
general  prisoners  convicted  of  offenses  punishable  by  penitentiary  confinement 
from  general  prisoners  convicted  of  purely  military  offenses  or  of  misdemeanors 
in  connection  with  purely  military  offenses.  Irf  furtherance  of  this  policy  re- 
viewing authorities  will  designate  a  penitentiary  as  the  place  of  confinement  of 
general  prisoners  sentenced  to  be  confined  for  more  than  one  year  upon  con- 
viction of  offenses  punishable  by  confinement  in  a  penitentiary  under  some 
statute  of  the  United  States  or  under  some  statute  or  other  law  in  force  in 
the  locality  in  which  the  offense  was  committed  (see  97th  Article  of  War), 
except  in  individual  cases  in  which  the  proved  circumstances  show  that  the 
holding  of  the  prisoners  so  convicted  in  prison  associations  with  misdemeanants 
and  military  offenders  will  not  be  to  the  detriment  of  the  latter.  For  general 
prisoners  to  be  confined  in  penitentiaries  under  the  foregoing  rule,  reviewing 
authorities  in  the  United  States  or  Hawaii  will  designate  the  United  States 
Penitentiary  at  Leavenworth,  Kans.,  as  the  place  of  confinement,  except  that 
such  prisoners  as  are  residents  of  Hawaii,  Porto  Rico,  and  the  Canal  Zone  may 
be  confined  in  local  penitentiaries ;  and  reviewing  authorities  in  the  Philippine 
Islands  will  designate  the  penitentiary  at  Bilibid,  Manila,  P.  I.,  as  the  place 
of  confinement." 

1  So  an  unauthorized  dismissal,  by  order  of  a  regular  officer,  may  be  in  effect 
made  operative  by  a  subsequent  appointment  and  confirmation  of  a  successor, 
as  in  Blake's  case.  (Dig.  Op.  J.  A.  G.,  par.  1206,  ed.  1901.) 

Held  that  it  could  not  affect  the  operation  of  an  order  summarily  dismissing 
an  officer  as  "  second  lieutenant "  that,  before  its  being  communicated  to  him 
by  being  promulgated  to  the  regiment,  he  had  become  by  promotion  a  first 
lieutenant.  (Id.,  par.  1211.) 

Where,  by  the  direction  of  the  President,  an  order  was  issued  canceling  the 
muster-in  of  a  volunteer  officer  on  account  of  facts  indicating  that  he  was  not  a 
fit  person  to  hold  a  commission,  held  that  this  was  a  legal  exercise  of  the 
authority  of  summary  dismissal  for  cause  vested  in  the  President  by  the  act 
of  July  17,  1862.  (Id.,  par.  1210.) 

The  President  had  not  the  same  power  of  dismissal  in  the  case  of  a  volunteer 
officer  as  he  has  in  that  of  a  regular  officer.  This  for  the  reason  that  the  tenure 
of  office  of  the  former  is  for  a  fixed  term  and  for  a  limited  time  only;  the 
power  to  dismiss  is  thus,  in  his  case,  not  an  incident  of  the  appointing  power. 


608  MILITARY   LAWS   OF   THE   UNITED  STATES. 

ART.  100.  When  an  officer  is  dismissed  from  the  service  for  cow- 
ardice or  fraud  the  sentence  shall  further  direct  that  the  crime, 
punishment,  name,  and  place  of  abode  of  the  delinquent  shall  be  pub- 
lished in  the  newspapers  in  and  about  the  camp,  and  in  the  State 
from  which  the  offender  came  or  where  he  usually  resides;  and  after 
such  publication  it  shall  be  scandalous  for  an  officer  to  associate 
with  him.1 

ART.  101.  When  a  court-martial  suspends  an  officer  from  com- 
mand, it  may  also  suspend  his  pay  and  emoluments  for  the  same 
time,  according  to  the  nature  of  his  offense.2 

But  the  President  was  invested  with  a  special  power  of  dismissal  of  volunteer 
officers  by  the  act  of  Congress  of  July  17,  1862.  (Id.,  par.  1210.) 

Held  that  the  ruling  in  Blake's  case  (103  U.  S.,  231)  was  applicable,  and  that 
the  office  of  an  army  officer  might  legally  be  vacated  by  the  appointment  and 
commission  of  a  successor,  although  between  the  office  of  the  original  officer 
and  that  of  the  successor  there  may  have  intervened  a  tenure  by  a  third 
officer.  (Id.,  par.  1207.) 

Thus  (1)  Captain  A  was  dismissed  from  his  office  without  legal  authority; 
(2)  Captain  B,  an  unassigned  officer,  was  assigned  to  the  captaincy  of  A,  and 
held  it  till  his  own  resignation,  one  year  and  three  months  later;  (3)  Lieutenant 
C  was  then  promoted  and  appointed  to  the  office  and  his  appointment  was  con- 
firmed. Held  that  Lieutenant  C  was  the  legal  incumbent  of  the  office.  (Id., 
par.  1207.) 

Held  that  the  ruling  of  the  Supreme  Court  in  the  case  of  Blake  was  not 
applicable  to  volunteer  officers  of  State  organizations,  and  that  a  governor 
of  a  State,  who  had  duly  appointed  a  certain  volunteer  officer  in  a  regiment, 
was  not  empowered  to  dismiss  him  by  simply  appointing  to  the  same  office, 
commissioning,  and  causing  to  be  mustered  into  the  United  States  service 
another  person.  (Id.,  par.  1208.) 

See  also  Dig.  Op.  J.  A.  G.,  819,  2  a  to  821,  2  f;  849  I  A  1  a ;  also  Military  Law 
and  Precedents,  Winthrop,  1143-1173. 

1  Though  the  injunction  of  the  article  as  to  the  direction  to  be  added  in  the 
sentence  should  of  course  regularly  be  complied  with,  a  failure  so  to  comply  will 
not  affect  the  validity  of  the  punishment  of  dismissal  adjudged  by  the  sentence. 
(See  IV  Opins.  Att.  Gen.,  124;  XII  id.,  424-428;  XIV  id.,  527;  XV  id.,  658.)  A 
contrary  view  expressed  by  the  Court  of  Claims,  in  its  earlier  period,  in  a  series 
of  cases  (see  Smith  v.  United  States,  2  Ct.  Cls.  206;  Winters  v.  United  States, 
3  id.,  136 ;  Barnes  v.  United  States,  4  id.,  216 ;  Montgomery  v.  United  States,  5 
id.,  93)  was  finally  practically  abandoned  in  McElrath  v.  United  States,  12  id., 
201.)  The  declaration  of  the  article  that  after  the  publication  "it  shall  b& 
scandalous  for  an  officer  to  associate  with  "  the  dismissed  officer,  though  it  has 
in  a  few  cases  (see  VIII  Opins.  Att.  Gen.,  235;  XII  id.,  421;  XIII  id.,  5; 
McElrath  v.  United  States,  12  Ct.  Cls.  202),  been  incorporated  in  the  sentence, 
is  not  intended  to  be,  and  should  not  be,  so  expressed  by  the  court.  Dig.  Op. 
J.  A.  G.,  par.  302,  ed.  1901. 

See  also  Dig.  Op.  J.  A.  G.  166,  167,  C.  A.  B. 

aA  suspension  from  rank  does  not  affect  the  right  of  the  officer  to  his  office. 
He  retains  the  same  as  before,  and,  as  an  officer,  remains  subject  as  before  to 
military  control  as  well  as  to  the  jurisdiction  of  a  court-martial  for  any  military 
offense  committed  pending  the  term  of  suspension.  (Dig.  Op.  J.  A.  G.,  par. 
2409,  ed.  1901.) 

A  sentence  of  suspension  from  rank  and  pay  does  not  affect  the  right  of  the 
officer  to  the  allowances  which  are  no  part  of  his  pay,  as  the  allowance  for  rent 
of  quarters,  as  also  the  allowance  for  fuel,  or  rather  right  to  purchase  fuel  at 
reduced  rate.  (Id.,  par.  2418.) 

Where  an  officer,  when  under  a  sentence  of  suspension,  is  ordered  by  the 
commander  who  approved  the  sentence,  or  some  higher  competent  authority,  to 
resume  his  command  or  the  performance  of  his  regular  military  duty,  such 
order  will,  in  general,  operate  as  a  constructive  remission  of  the  punishment 
and  thus  terminate  .the  suspension.  (Id.,  par.  2420.) 

A  sentence,  "to  be  suspended  from  the  Military  Academy,"  in  a  case  of  a 
cadet,  practically  severs  him  from  the  military  service  as  a  cadet  during  the 


MILITARY   LAWS   OF   THE   UNITED   STATES.  609 

ART.  102.  No  person  shall  be  tried  a  second  time  for  the  same 
offense.1 

ART.  103.  No  person  shall  be  liable  to  be  tried  and  punished  by  a 
general  court-martial  for  any  offense  which  appears  to  have  been 
committed  more  than  two  years  before  the  issuing  of  the  order  for 
such  trial,  unless,  by  reason  of  having  absented  himself,  or  of  some 
other  manifest  impediment,  he  shall  not  have  been  amenable  to  justice 
within  that  period.2 

term  of  the  suspension.  It  is  usually  added  in  such  a  sentence  that  at  the  end 
of  such  term  the  party  is  to  join  the  next  lower  class.  (Id.,  par.  2416.  But  see 
Dig.  Op.  J.  A.  G.,  870,  III  F  1.) 

Suspension  not  divesting  the  officer  of  his  office  or  commission,  but  simply 
holding  in  abeyance  the  rights  and  functions  attached  to  his  rank  or  command, 
he  properly  reverts,  when  the  term  »f  the  punishment  is  completed,  to  his 
former  rank  and  the  command  attached  thereto,  and  continues  to  hold  and 
exerci&e  the  same  as  before  his  arrest  or  trial.  (Id.,  733,  par.  16.) 

Under  existing  usage  (1892)  an  officer  suspended  by  sentence  from  rank  and 
command  is  deemed  entitled  to  retain  his  quarters.  But  such  rule  may,  in 
some  cases,  work  a  considerable  inconvenience  as  well  as  prejudice  to  discipline, 
as  where,  for  example,  the  suspended  officer  is  a  post  commander,  and  con- 
tinues, pending  the  term  of  his  suspension,  and  while  another  officer  has  suc- 
ceeded him  as  commander,  to  occupy  the  proper  commanding  officer's  quarters. 
An  army  regulation  prescribing  that  an  officer  in  such  a  status  shall  not  be 
entitled  to  retain  or  to  select  quarters  by  virtue  of  rank,  but  shall  have  assigned 
him  any  quarters  that  are  available  at  his  late  station  or  elsewhere,  advised 
as  desirable  to  be  adopted.  (Id.,  par  2413.) 

Under  the  ruling  of  the  Secretary  of  War,  as  published  in  circular  No.  3 
(A.  G.  O.),  1888,  an  officer  under  suspension,  but  not  required  by  his  sentence  to 
be  "  confined  to  the  limits  of  his  post,"  is  not  entitled  to  forage  for  his  horse  or 
horses  during  the  term  of  his  suspension.  (Id.,  par.  2424.) 

See  Dig.  Op.  J.  A.  G.,  543-5,  3  A  to  C  and  note ;  803  a  2 ;  865,  2  a ;  969  V  A,  B. 

1  See  Dig.  Op.  J.  A.  G.,  167  CII  A  to  171  Oil  I.  For  syllabus  of  the  Grafton 
case,  206  U.  S.,  333,  see  id.,  170,  note  2. 

*No  person  shall  be  tried  or  punished  by  a  court-martial  for  desertion  in 
time  of  peace  and  not  in  the  face  of  an  enemy,  committed  more  than  two  years 
before  the  arraignment  of  such  person  for  such  offense,  unless  he  shall  mean- 
while have  absented  himself  from  the  United  States,  in  which  case  the  time 
of  his  absence  shall  be  excluded  in  computing  the  period  of  the  limitation : 
Provided,  That  said  limitation  shall  not  begin  until  the  end  of  the  term  for 
which  said  person  was  mustered  into  the  service.  (Act  of  April  11,  1890,  26 
Stat.  54.) 

Courts  of  inquiry  may  be  convened  without  regard  to  the  period  which  has 
elapsed  since  the  dates  of  the  act  or  acts  to  be  investigated.  Nor  does  the 
limitation  apply  to  the  hearing  of  complaints  by  regimental  courts  under  article 
30.  (Dig.  Op.  J.  A.  G.,  par.  318,  ed.  1901;  VI  Op.  Att.  Gen.,  239.) 

In  view  of  this  article,  it  is  the  duty  of  the  Government  to  prosecute  an 
offender  within  a  reasonable  time  after  the  commission  of  the  offense.  (Dig. 
Op.  J.  A.  G.,  par.  319,  edition  1901.) 

It  has  been  held,  under  the  original  article,  that  an  officer  or  soldier  could 
not  be  legally  arrested,  with  a  view  to  trial,  where  more  than  two  years  (in 
which  he  was  amenable  to  justice)  had  elapsed  since  his  offense.  (Id.,  123, 
par.  7.) 

A  court-martial,  in  a  case  of  an  offense  other  than  desertion,  sustained  a  plea 
of  the  statute  of  limitations  in  bar  of  trial  for  the  reason  that  the  judge- 
advocate  couid  produce  no  evidence  to  show  that  the  accused  was  not  within 
the  territorial  jurisdiction  of  the  United  States  during  his  absence.  Held  that 
such  showing  was  not  necessary,  and  that  it  was  sufficient  that  the  absence 
should  be  any  unauthorized  absence  from  the  military  service  whereby  the 
absentee  evades  and  for  the  time  escapes  trial.  This  construction  of  the  term 
"absented  himself"  in  the  article  corresponds  to  that  placed  on  the  words 
"  fleeing  from  justice,"  as  used  in  the  statutes  of  the  United  States  to  designate 

48985°— 15 39 


610  MILITARY   LAWS   OF    THE   UNITED   STATES. 

ART.  104.  No  sentence  of  a  court-martial  shall  be  carried  into  exe- 
cution until  the  same  shall  have  been  approved  by  the  officer  ordering 
the  court,  or  by  the  officer  commanding  for  the  time  being.1  Act  of 
July  27, 1892  (27  Stat.  278). 

ART.  105.  No  sentence  of  a  court-martial  inflicting  the  punishment 
of  death  shall  be  carried  into  execution  until  it  shall  have  been  con- 
firmed by  the  President,  except  in  the  cases  of  persons  convicted  in 
time  of  war  as  spies,  mutineers,  deserters,  or  murderers,  and  in  the 
cases  of  guerrilla  marauders  convicted  in  time  of  war  of  robbery, 
burglarly,  arson,  rape,  assault  with  intent  to  commit  rape,  or  of  viola- 
tion of  the  laws  and  customs  of  war ;  and  in  such  excepted  cases  the 
sentence  of  death  may  be  carried  into  execution  upon  confirmation 
by  the  commanding  general  in  the  field  or  the  commander  of  the  de- 
partment, as  the  case  may  be. 

ART.  106.  In  time  of  peace  no  sentence  of  a  court-martial  directing 
the  dismissal  of  an  officer  shall  be  carried  into  execution  until  it  shall 
have  been  confirmed  by  the  President. 

ART.  107.  No  sentence  of  a  court-martial  appointed  by  the  com- 
mander of  a  division  or  of  a  separate  brigade  of  troops  directing  the 
dismissal  of  an  officer  shall  be  carried  into  execution  until  it  shall 
have  been  confirmed  by  the  general  commanding  the  army  in  the 
field  to  which  the  division  or  brigade  belongs.2 

ART.  108.  No  sentence  of  a  court-martial,  either  in  time  of  peace 
or  in  time  of  war,  respecting  a  general  officer  shall  be  carried  into 
execution  until  it  shall  have  been  confirmed  by  the  President. 

ART.  109.  All  sentences  of  a  court-martial  may  be  confirmed  and 
carried  into  execution  by  the  officer  ordering  the  court,  or  by  the 
officer  commanding  for  the  time  being,  where  confirmation  by  the 
President  or  by  the  commanding  general  in  the  field  or  commander 
of  the  department  is  not  required  by  these  articles. 

those  whom  the  statutes  of  limitations  for  the  prosecution  of  crimes  do  not 
protect.     (Id.,  par.  322.) 

See  Dig.  Op.  J.  A.  G.,  171,  GUI  A  to  174  CIV  A.  1 :  also  Military  Law  and 
Precedents,  Winthrop,  379-387.  Military  Law,  Davis,  535-536. 

1  See  Dig.  Op.  J.  A.  G.,  174,  CIV  A  1  to  175  CVI  A. 

2  For  instances  in  which  the  proceedings  in  important  cases  were  disapproved 
by  the  President  on  account  of  their  not  having  been  reviewed  by  the  officer 
ordering  the  court,  see  G.  O.  55,  A.  G.  O.,  1863 ;  id.,  101,  1863 ;  id.,  168,  1863,  and 
180,  1863. 

In  view  of  the  provisions  of  the  one  hundred  and  sixth  and  this  article,  held 
that  when  in  time  of  war  a  department  commander  is  the  reviewing  authority, 
no  confirmation  of  a  sentence  of  dismissal  by  higher  authority  is  necessary, 
but  when  a  division  or  separate  brigade  commander  is  the  reviewing  authority, 
such  sentence  must  he  confirmed  by  the  general  commanding  the  army  in  the 
field  to  which  the  division  or  brigade  belongs.  And  in  the  latter  case,  if  the 
division  or  brigade  does  not  belong  to  a  separate  army  in  the  field,  the  com- 
manding general  of  the  army  of  the  United  States  would  be  the  proper  con- 
firming authority,  within  the  meaning  of  this  article.  (Dig.  Op.  J.  A.  G.,  par. 
338,  ed.  1901.) 

See  Dig.  Op.  J.  A.  G.,,  175  CVI,  CVII. 


MILITARY   LAWS   OF   THE   UNITED   STATES.  611 

ART.  110.  Repealed  by  act  of  June  18, 1898 *  (30  Stat.  484). 

ART.  111.  Any  officer  who  has  authority  to  carry  into  execution  the 
sentence  of  death  or  of  dismissal  of  an  officer  may  suspend  the  same 
until  the  pleasure  of  the  President  shall  be  known,  and  in  such  case 
he  shall  immediately  transmit  to  the  President  a  copy  of  the  order 
of  suspension,  together  with  a  copy  of  the  proceedings  of  the  court.2 

ART.  112.  Every  officer  who  is  authorized  to  order  a  general  court- 
martial  shall  have  power  to  pardon  or  mitigate  any  punishment 
adjudged  by  it,  except  the  punishment  of  death  or  of  dismissal  of  an 
officer.  Every  officer  commanding  a  regiment  or  garrison  in  which 
a  regimental  or  garrison  court-martial  may  be  held,  shall  have  power 
to  pardon  or  mitigate  any  punishment  which  such  court  may  ad- 
judge.3 

ART.  113.  Every  judge-advocate,  or  person  acting  as  such,  at  any 
general  court-martial,  shall,  with  as  much  expedition  as  the  oppor- 
tunity of  time  and  distance  of  place  may  admit,  forward  the  original 
proceedings  and  sentence  of  such  court  to  the  Judge-Advocate-Gen- 
eral of  the  Army,  in  whose  office  they  shall  be  carefully  preserved. 

ART.  114.  Every  party  tried  by  a  general  court-martial  shall,  upon 
demand  thereof,  made  by  himself  or  by  any  person  in  his  behalf,  be 
entitled  to  a  copy  of  the  proceedings  and  sentence  of  such  court.* 

ART.  115.  A  court  of  inquiry,  to  examine  into  the  nature  of  any 
transaction  of,  or  accusation  or  imputation  against,  any  officer  or 
soldier,  may  be  ordered  by  the  President  or  by  any  commanding 
officer;  but,  as  courts  of  inquiry  may  be  perverted  to  dishonorable 
purposes,  and  may  be  employed,  in  the  hands  of  weak  and  envious 
commandants,  as  engines  for  the  destruction  of  military  merit,  they 
shall  never  be  ordered  by  any  commanding  officer,  except  upon  a 
demand  by  the  officer  or  soldier  whose  conduct  is  to  be  inquired  of.5 

1  The  One  hundred  and  tenth  Article  of  War,  originally  enacted  as  section  7 
of  the  act  of  July  27,  1862  (12  Stat.  598),  and  as  amended  by  the  act  of  July  27, 
1892  (27  Stat.  278),  was  repealed  by  the  act  of  June  18,  1898,  which  substituted 
a  new  summary  court  for  the  old  summary  court,  having  jurisdiction  for  the 
trial  of  enlisted  men  for  minor  offenses  committed  in  time  of  peace,  and  for 
the  field  officers'  court,  having  similar  jurisdiction  in  time  of  war.  (See  the 
act  of  Mar.  2,  1913,  p.  614,  post.) 

8  See  Dig.  Op.  J.  A.  G.,  176  CXI  A. 

*  See  Dig.  Op.  J.  A.  G.,  176  CXII  A  1  to  178. 

Section  5  of  the  act  of  July  27,  1892  (27  Stat.  281),  provides  "that  com- 
manding officers  authorized  to  approve  the  sentences  of  summary  courts  shall 
have  the  power  to  remit  or  mitigate  the  same."  ( See  also  note  to  par.  2,  "  The 
pardoning  power.") 

As  the  last  sentence  of  article  112  was  not  specifically  repealed  by  the  act 
of  March  2,  1913  (37  Stat.  723),  it  appears  that  reviewing  authorities  of  special 
courts-martial  have  the  power  of  pardon  and  mitigation. 

gee  30-750,  Oct.  27,  1913,  and  Dec.  1,  1913,  Oflice  J.  A.  G. 

4  See  Dig.  Op.  J.  A.  G.,  178  CXIV  A. 

§  A  court  of  inquiry  should  not  in  general  be  ordered  by  an  inferior — post  or 
regimental — commander  where  the  charges  required  to  be  investigated  are  not 
such  as  an  inferior  court-martial  could  legally  take  cognizance  of.  Courts  of 


612  MILITARY   LAWS   OF   THE   UNITED  STATES. 

ART.  116.  A  court  of  inquiry  shall  consist  of  one  or  more  officers, 
not  exceeding  three,  and  a  recorder,  to  reduce  the  proceedings  and 
evidence  to  writing. 

ART.  117.  The  recorder  of  a  court  of  inquiry  shall  administer  to 
the  members  the  following  oath :  "  You  shall  well  and  truly  examine 
and  inquire,  according  to  the  evidence,  into  the  matter  now  before 
you,  without  partiality,  favor,  affection,  prejudice,  or  hope  of  re- 
ward: So  help  you  God."  After  which  the  president  of  the  court 
shall  administer  to  the  recorder  the  following  oath :  "  You,  A  B,  do 
swear  that  you  will,  according  to  your  best  abilities,  accurately  and 
impartially  record  the  proceedings  of  the  court  and  the  evidence  to 
be  given  in  the  case  in  hearing:  So  help  you  God" 

ART.  118.  A  court  of  inquiry,  and  the  recorder  thereof,  shall  have 
the  same  power  to  summon  and  examine  witnesses  as  is  given  to 
courts-martial  and  the  judge- advocates  thereof.  Such  witnesses 
shall  take  the  same  oath  which  is  taken  by  witnesses  before  courts- 
martial,  and  the  party  accused  shall  be  permitted  to  examine  and 
cross-examine  them,  so  as  fully  to  investigate  the  circumstances  in 
question. 

ART.  119.  A  court  of  inquiry  shall  not  give  an  opinion  on  the 
merits  of  the  case  inquired  of  unless  specially  ordered  to  do  so. 

ART.  120.  The  proceedings  of  a  court  of  inquiry  must  be  authenti- 
cated by  the  signatures  of  the  recorder  and  the  president  thereof,  and 
delivered  to  the  commanding  officer. 

inquiry  convened  by  such  commanders  are,  however,  of  rare  occurrence  in  our 
service.  (Id.,  par.  367,  edition  1901.) 

A  court  of  inquiry  has  no  power  to  punish  as  for  a  contempt.  Such  power  of 
this  nature  as  is  conferred  by  article  86  is  restricted  in  terms  to  courts-martial. 
Moreover,  a  court  of  inquiry,  not  being  in  a  proper  sense  a  court,  can  not  exercise 
the  strictly  judicial  function  of  punishing  contempts.  A  loose  observation 
of  Hough  (Authorities,  10),  that  "contempts  before  courts  of  inquiry  are  as 
much  punishable  as  before  courts-martial,"  has  been  carelessly  repeated  by 
several  American  writers.  The  recent  English  writer,  Clode,  correctly  states 
the  law  (as  to  witnesses)  in  saying  (Mil.  and  Mar.  Law,  198)  that  a  court  of 
inquiry  "  has  no  power  to  punish  them  for  contumacy  or  silence."  The  act  of 
March  2,  1901  (31  Stat.  950),  providing  for  the  punishment  of  civilian  witnesses 
refusing  to  appear  or  testify,  is  limited  by  its  terms  to  general  courts-martial. 

Although  neither  article  88  nor  other  provision  of  the  code  specfically  au- 
thorizes the  challenging  of  the  members  of  a  court  of  inquiry,  yet,  in  the 
interests  of  justice  and  by  the  usage  of  the  service  in  this  country,  this  pro- 
ceeding is  permitted  in  the  same  manner  as  before  courts-martial.  Article  117 
requires  that  members  of  courts  of  inquiry  shall  be  sworn  "  well  and  truly 
to  examine  and  inquire,  according  to  the  evidence,  without  partiality,  prej- 
udice," etc. ;  and  it  is  the  sense  of  the  service  that  their  competency  so  to  do 
should  be  liable  to  be  tried  by  the  same  tests  as  in  a  case  of  a  court-martial. 
See  Macomb,  sec.  204;  O'Brien,  292;  De  Hart,  278.  In  the  joint  resolution  of 
Congress  of  February  13,  1874,  authorizing  the  President  to  convene  a  certain 
special  court  of  inquiry,  it  was  "  provided  that  the  accused  may  be  allowed  the 
same  right  of  challenge  as  allowed  by  law  in  trials  by  court-martial."  It 
appears,  however,  to  have  been  regarded  in  the  debate  on  this  resolution  (see 
Congressional  Record,  vol.  2,  Nos.  38,  40)  that  this  provision  was  unnecessary 
to  entitle  the  party  to  the  privilege.  (Dig.  Op.  J.  A.  G.,  par.  368,  note  1,  ed. 
1901.) 

See  Dig.  Op.  J.  A.  G.,  178  CXV  A  to  179  CXXII  A;  170  CII  G;  586  XVIII  B; 
also  Military  Law  and  Precedents,  Winthrop,  795-822. 


MILITARY   LAWS  OF  THE  UNITED  STATES.  613 

ART.  121.  The  proceedings  of  a  court  of  inquiry  may  be  admitted 
as  evidence  by  a  court-martial,  in  cases  not  capital  nor  extending  to 
the  dismissal  of  an  officer:  Provided,  That  the  circumstances  are 
such  that  oral  testimony  can  not  be  obtained. 

ART.  122.  If,  upon  marches,  guards,  or  in  quarters,  different  corps 
of  the  Army  happen  to  join  or  do  duty  together,  the  officer  highest 
in  rank  of  the  line  of  the  Army,  Marine  Corps,  or  militia,  by  com- 
mission, there  on  duty  or  in  quarters,  shall  command  the  whole,  and 
give  orders  for  what  is  needful  to  the  service,  unless  otherwise  spe- 
cially directed  by  the  President,  according  to  the  nature  of  the  case.1 

ART.  123.  Kepealed  by  act  of  March  8,  1910  (36  Stat.  235). 

ART.  124.  Officers  of  the  militia  of  the  several  States,  when  called 
into  the  service  of  the  United  States,  shall  on  all  detachments,  courts- 
martial,  and  other  duty  wherein  they  may  be  employed  in  conjunc- 
tion with  the  Regular  or  Volunteer  forces  of  the  United  States,  take 
rank  next  after  all  officers  of  the  like  grade  in  said  Regular  or  Vol- 
unteer forces,  notwithstanding  the  commissions  of  such  militia  offi- 
cers may  be  older  than  the  commissions  of  the  said  officers  of  the 
Regular  or  Volunteer  forces  of  the  United  States. 

ART.  125.  In  case  of  the  death  of  any  officer,  the  major  of  his  regi- 
ment, or  the  officer  doing  the  major's  duty,  or  the  second  officer  in 
command  at  any  post  or  garrison,  as  the  case  may  be,  shall  imme- 
diately secure  all  his  effects  then  in  camp  or  quarters,  and  shall  make 
and  transmit  to  the  office  of  the  Department  of  War,  an  inventory 
thereof.2 

ART.  126.  In  case  of  the  death  of  any  soldier,  the  commanding 
officer  of  his  troop,  battery,  or  company  shall  immediately  secure  all 
his  effects  then  in  camp  or  quarters,  and  shall,  in  the  presence  of  two 
other  officers,  make  an  inventory  thereof,  which  he  shall  transmit 
to  the  office  of  the  Department  of  War.3 

ART.  127.  Officers  charged  with  the  care  of  the  effects  of  deceased 
officers  or  soldiers  shall  account  for  and  deliver  the  same,  or  the  pro- 
ceeds thereof,  to  the  legal  representatives  of  such  deceased  officers  or 
soldiers.  And  no  officer  so  charged  shall  be  permitted  to  quit  the 
regiment  or  post  until  he  has  deposited  in  the  hands  of  the  command- 
ing officer  all  the  effects  of  such  deceased  officers  or  soldiers  not  so 
accounted  for  and  delivered.4 

ART.  128.  The  foregoing  articles  shall  be  read  and  published,  once 
in  every  six  months,  to  every  garrison,  regiment,  troop,  or  company 
in  the  service  of  the  United  States,  and  shall  be  duly  observed  and 
obeyed  by  all  officers  and  soldiers  in  said  service. 

1  See  par.  304,  ante ;  also  Dig.  Op.  J.  A.  G.,  179-CXXII. 

"See  the  title  "Deceased  Officers,"  in  the  chapter  entitled  Commissioned 
Officers. 

1  Dig.  Op.  J.  A.  G.,  180,  CXXVI. 
4  Dig.  Op.  J.  A.  G.,  180,  CXXVII. 


614  MILITARY   LAWS   OF    THE   UNITED   STATES. 

SEC.  1343.  All  persons  who,  in  time  of  war,  or  of  rebellion  against 
the  supreme  authority  of  the  United  States,  shall  be  found  lurking 
or  acting  as  spies,  in  or  about  any  of  the  fortifications,  posts,  quarters, 
or  encampments  of  any  of  the  armies  of  the  United  States,  or  else- 
where, shall  be  triable  by  a  general  court-martial,  or  by  a  military 
commission,  and  shall,  on  conviction  thereof,  suffer  death. 

Act  of  September  27,  1890  (26  Stat.  491). 

That  whenever  by  any  of  the  Articles  of  War  for  the  government 
of  the  Army  the  punishment  on  conviction  of  any  military  offense  is 
left  to  the  discretion  of  the  court-martial,  the  punishment  therefor 
shall  not,  in  time  of  peace,  be  in  excess  of  a  limit  which  the  President 
may  prescribe. 

Act  of  June  18,  1898  (30' Stat.  484). 

SEC.  3.  That  the  commanding  officers  authorized  to  approve  the 
sentences  of  summary  courts  and  superior  authority  shall  have  power 
to  remit  or  mitigate  the  same. 

SEC.  4.  That  post  and  other  commanders  shall,  in  time  of  peace,  on 
the  last  day  of  each  month,  make  a  report  to  the  department  head- 
quarters of  the  number  of  cases  determined  by  summary  court  during 
the  month,  setting  forth  the  offenses  committed  and  the  penalties 
awarded,  which  report  shall  be  filed  in  the  office  of  the  judge  advocate 
of  the  department,  and  may  be  destroyed  when  no  longer  of  use. 

SEC.  5.  That  soldiers  sentenced  by  court-martial  to  dishonorable 
discharge  and  confinement  shall,  until  discharged  from  such  confine- 
ment, remain  subject  to  the  Articles  of  War  and  other  laws  relating 
to  the  administration  of  military  justice. 

SEC.  6.  That  it  shall  be  lawful  for  any  civil  officer  having  authority 
under  the  laws  of  the  United  States,  or  of  any  State,  Territory,  or 
District,  to  arrest  offenders,  to  summarily  arrest  a  deserter  from  the 
military  service  of  the  United  States  and  deliver  him  into  the  custody 
of  the  military  authority  of  the  General  Government. 

Act  of  March  2,  1913  (37  Stat.  721). 

On  and  after  July  first,  nineteen  hundred  and  thirteen,  courts- 
martial  shall  be  of  three  kinds,  namely:  First,  general  courts- 
martial;  second,  special  courts-martial;  and  third,  summary  courts- 
marital. 

General  courts-martial  may  consist  of  any  number  of  officers  from 
five  to  thirteen,  inclusive. 

Special  courts-martial  may  consist  of  any  number  of  officers  from 
three  to  five,  inclusive. 


MILITARY   LAWS  OF  THE  UNITED  STATES.  615 

A  summary  court-martial  shall  consist  of  one  officer. 

The  President  of  the  United  States,  the  commanding  officer  of  a 
territorial  division  or  department,  the  Superintendent  of  the  Mili- 
tary Academy,  the  commanding  officer  of  an  army,  a  field  army,  an 
army  corps,  a  division,  or  a  separate  brigade,  and  when  empowered 
by  the  President,  the  commanding  officer  of  any  district  or  of  any 
force  or  body  of  troops,  may  appoint  general  courts-marital  when- 
ever necessary;  but  when  any  such  commander  is  the  accuser  or  the 
prosecutor  of  the  person  -or  persons  to  be  tried  the  court  shall  be 
appointed  by  superior  competent  authority,  and  no  officer  shall  be 
eligible  to  sit  as  a  member  of  such  court  when  he  is  the  accuser,  or  a 
witness  for  the  prosecution. 

The  commanding  officer  of  a  district,  garrison,  fort,  camp,  or 
other  place  where  troops  are  on  duty,  and  the  commanding  officer 
of  a  brigade,  regiment,  detached  battalion,  or  other  detached  com- 
mand, may  appoint  special  courts-martial  for  his  command;  but 
such  special  courts-martial  may  in  any  case  be  appointed  by  superior 
authority  when  by  the  latter  deemed  desirable,  and  no  officer  shall 
be  eligible  to  sit  as  a  member  of  such  court  when  he  is  the  accuser 
or  a  witness  for  the  prosecution. 

The  commanding  officer  of  a  garrison,  fort,  camp,  or  other  place 
where  troops  are  on  duty,  and  the  commanding  officer  of  a  regiment, 
detached  battalion,  detached  company,  or  other  detachment  may  ap- 
point summary  courts-martial  for  his  command;  but  such  summary 
courts-martial  may  in  any  case  be  appointed  by  superior  authority 
when  by  the  latter  deemed  desirable:  Provided,  That  when  but  one 
officer  is  present  with  a  command  he  shall  be  the  summary  court- 
martial  of  that  command  and  shall  hear  and  determine  cases  brought 
before  him. 

General  courts-martial  shall  have  power  to  try  any  person  subject 
to  military  law  for  any  crime  or  offense  made  punishable  by  the 
Articles  of  War  and  any  other  person  who  by  statute  or  by  the  law 
of  war  is  subject  to  trial  by  military  tribunals:  Provided,  That  no 
officer  shall  be  brought  to  trial  before  a  general  court-martial  ap- 
pointed by  the  Superintendent  of  the  Military  Academy. 

Special  courts-martial  shall  have  power  to  try  any  person  subject 
to  military  law,  except  an  officer,  for  any  crime  or  offense  not  capital 
made  punishable  by  the  Articles  of  War :  Provided,  That  the  Presi- 
dent may  by  regulations,  which  he  may  modify  from  time  to  time, 
except  from  the  jurisdiction  of  special  courts-martial  any  class  or 
classes  of  persons  subject  to  military  law. 

Special  courts-martial  shall  have  power  to  ad  judge  punishment  not 
to  exceed  confinement  at  hard  labor  for  six  months  or  forfeiture  of 
six  months'  pay,  or  both,  and  in  addition  thereto  reduction  to  the 


616  MILITARY   LAWS   OF   THE   UNITED  STATES. 

ranks  in  the  cases  of  noncommissioned  officers,  and  reduction  in 
classification  in  the  cases  of  first-class  privates. 

Summary  courts-martial  shall  have  power  to  try  any  soldier,  ex- 
cept one  who  is  holding  the  privileges  of  a  certificate  of  eligibility 
to  promotion,  for  any  crime  or  offense  not  capital  made  punishable 
by  the  Articles  of  War:  Provided,  That  noncommissioned  officers 
shall  not,  if  they  object  thereto,  be  brought  to  trial  before  a  summary 
court-martial  without  the  authority  of  the  officer  competent  to  bring 
them  to  trial  before  a  general  court-martial. 

Summary  courts-martial  shall  have  power  to  adjudge  punishment 
not  to  exceed  confinement  at  hard  labor  for  three  months  or  for- 
feiture of  three  months'  pay,  or  both,  and  in  addition  thereto  reduc- 
tion to  the  ranks  in  the  cases  of  noncommissioned  officers  and  reduc- 
tion in  classification  in  the  cases  of  first-class  privates:  Provided, 
That  when  the  summary  court  officer  is  also  the  commanding  officer 
no  sentence  of  such  summary  court-martial  adjudging  confinement  at 
hard  labor  or  forfeiture  of  pay,  or  both,  for  a  period  in  excess  of 
one  month  shall  be  carried  into  execution  until  the  same  shall  have 
been  approved  by  superior  authority. 

Articles  seventy-two,  seventy-three,  seventy-five,  eighty-one,  eighty- 
two,  and  eighty-three  of  section  thirteen  hundred  and  forty-two  of 
the  Revised  Statutes;  the  first  section  of  an  Act  entitled  "An  Act 
to  'promote  the  administration  of  justice  in  the  Army,"  approved 
October  first,  eighteen  hundred  and  ninety,  as  amended  by  the  first 
section  of  an  Act  approved  June  eighteenth,  eighteen  hundred  and 
ninety-eight  (Thirtieth  Statutes,  four  hundred  and  eighty-three, 
four  hundred  and  eighty-four),  are  hereby  repealed,  but  courts- 
martial  duly  and  regularly , convened  in  orders  issued  prior  to  the 
date  when  this  Act  takes  effect  and  in  existence  on  that  date,  under 
Articles  of  War  hereby  repealed,  may  continue  as  legal  courts  for 
the  trial  of  cases  referred  to  them  prior  to  that  date  with  the  same 
effect  as  if  this  Act  has  not  been  passed:  Provided,  That  prior  to 
July  first,  nineteen  hundred  and  thirteen,  the  President  may,  when 
deemed  by  him  necessary,  empower  any  officer  competent  under  the 
terms  of  this  Act  to  appoint  the  general  courts-martial  which  it 
authorizes,  to  appoint  general  courts-martial  authorized  by  existing 
law. 


SUPPLEMENT   TO   MILITARY  LAWS    OP  THE   UNITED 

STATES,  1915. 


35a.  Lump-sum  appropriations,  payment  of  additional  salaries  to 
employees  from  forbidden. — That  it  shall  not  be  lawful  hereafter  to 
pay  to  any  person,  employed  in  the  service  of  the  United  States  under 
any  general  or  lump  sum  appropriation,  any  sum  additional  to  the 
regular  compensation  received  for  or  attached  to  any  employment  held 
prior  to  an  appointment  or  designation  as  acting  for  or  instead  of  an 
occupant  of  any  other  office  or  employment.  This  provision  shall  not 
be  construed  as  prohibiting  regular  and  permanent  appointments 
by  promotion  from  lower  to  higher  grades  of  employments.  Sec. 
12,  act  of  Aug.  1,  1914  (38  Stat.  680). 

40a.  Officers  and  employees  of  executive  departments,  etc.,  estab- 
lished and  to  continue  from  year  to  year. — The  officers  and  employees 
of  the  United  States  whose  salaries  are  herein  appropriated  for  are 
established  and  shall  continue  from  year  to  year  to  the  extent  they 
shall  be  appropriated  for  by  Congress.  Sec.  6,  act  of  Mar.  4,  1915 
(Pub.  No.  290,  38  Stat:—). 

75a.  Authorized  to  exchange  typewriters,  adding  machines,  and  other 
labor  saving  devices. — That  the  executive  departments  and  other 
Government  establishments  and  all  branches  of  the  public  service 
may  hereafter  exchange  typewriters,  adding  machines,  and  other 
similar  labor  saving  devices  in  part  payment  for  new  machines 
used  for  the  same  purpose  as  those  proposed  to  be  exchanged.  There 
shall  be  submitted  to  Congress,  on  the  first  day  of  the  session  following 
the  close  of  each  fiscal  year,  a  report  showing,  as  to  each  exchange 
hereunder,  the  make  of  the  article,  the  period  of  its  use,  the  allowance 
therefor,  and  the  article,  make  thereof,  and  price,  including  exchange 
value,  paid  or  to  be  paid  for  each  article  procured  through  such 
exchange.  Sec.  5,  act  of  Mar.  4,  1915  (Pub.  No.  296,  38  Stat.  —). 

77a.  Subscriptions  for  periodicals  for  executive  departments. — Here- 
after subscriptions  to  periodicals,  which  have  been  certified  in  writing 
by  the  respective  heads  of  the  executive  departments  or  other  Gov- 
ernment establishments  to  be  required  for  official  use,  may  be  paid 
in  advance  from  appropriations  available  therefor.  Sec.  5,  act  of 
Mar.  4, 1915  (Pub.  No.  290,  38  Stat.  — ). 

8 la.  Business  methods — Restriction  on  payments  to  experts  to  inaugu- 
rate new,  etc. — That  no  part  of  any  money  appropriated  in  this  or 
any  other  act  shall  be  used  for  compensation  or  payment  of  expenses 

617 


618  MILITARY  LAWS   OF   THE   UNITED  STATES. 

of  accountants  or  other  experts  in  inaugurating  new  or  changing  old 
methods  of  transacting  the  business  of  the  United  States  or  the 
District  of  Columbia  unless  authority  for  the  employment  of  such 
services  or  payment  of  such  expenses  is  stated  in  specific  terms  in 
the  act  making  provision  therefor  and  the  rate  of  compensation  for 
such  services  or  expenses  is  specifically  fixed  therein,  or  be  used  for 
compensation  of  or  expenses  for  persons,  aiding  or  assisting  such 
accountants  or  other  experts,  unless  the  rate  of  compensation  of  or 
expenses  for  such  assistants  is  fixed  by  officers  or  employees  of  the 
United  States  'or  District  of  Columbia  having  authority  to  do  so, 
and  such  rates  of  compensation  or  expenses  so  fixed  shall  be  paid 
only  to  the  person  so  employed.  Sec.  5,  act  of  Apr.  6,  1914  (38  Stat. 
335) . 

82a.  Purchases  of  passenger-carrying  vehicles  restricted  to  specific 
authorization. — No  appropriation  made  in  this  or  any  other  act  shall 
be  available  for  the  purchase  of  any  motor-propelled  or  horse-drawn 
passenger-carrying  vehicle  for  the  service  of  any  of  the  executive 
departments  or  other  Government  establishments,  or  any  branch  of 
the  Government  service,  unless  specific  authority  is  given  therefor, 
and  after  the  close  of  the  fiscal  year  nineteen  hundred  and  fifteen 
there  shall  not  be  expended  out  of  any  appropriation  made  by  Con- 
gress any  sum  for  purchase,  maintenance,  repair,  or  operation  of 
motor-propelled  or  horse-drawn  passenger-carrying  vehicles  for  any 
branch  of  the  public  service  of  the  United  States  unless  the  same  is 
specifically  authorized  by  law,  and  in  the  estimates  for  the  fiscal  year 
nineteen  hundred  and  sixteen  and  subsequent  fiscal  years  there  shall 
be  submitted  in  detail  estimates  for  such  necessary  appropriations 
as  are  intended  to  be  used  for  purchase,  maintenance,  repair,  or 
operation  of  all  motor-propelled  or  horse-drawn  passenger-carrying 
vehicles,  specifying  the  sums  required,  the  public  purposes  for  which 
said  vehicles  are  intended,  and  the  officials  or  employees  by  whom 
the  same  are  to  be  used.  Act  of  July  16,  1914  (38  Stat.  508}. 

87a.  Estimates  of  appropriations ,  official  to  le  designated  to  supervise 
and  prepare  for  each  department,  etc. — That  hereafter  the  head  of  each 
executive  department  and  other  Government  establishment  shall,  on 
or  before  July  first  in  every  fiscal  year,  designate  from  among  the 
officials  employed  therein  one  person  whose  duty  it  shall  be  to  super- 
vise the  classification  and  compilation  of  all  estimates  of  appropria- 
tions, including  supplemental  and  deficiency  estimates  to  be  sub- 
mitted by  such  department  or  establishment.  In  the  performance  of 
their  duties  persons  so  designated  shall  have  due  regard  for  the 
requirements  of  all  laws  respecting  the  preparation  of  estimates, 
including  the  manner  and  time  of  their  submission  through  the 
Treasury  Department  to  Congress;  they  shall  also,  as  nearly  as  may 
be  practicable,  eliminate  from  all  such  estimates  unnecessary  words 


MILITARY  LAWS   OF   THE  UNITED  STATES.  619 

and  make  uniform  the  language  commonly  used  in  expressing  pur- 
poses or  conditions  of  appropriations.  Sec.  3,  act  of  June  23,  1913 
(38  Stat.  75). 

96a.  Estimates  for  lump-sum  appropriations,  statements  required  in 
annual  Boole  of  Estimates. — That  section  six  of  the  sundry  civil  appro- 
priation act  approved  August  twenty-fourth,  nineteen  hundred  and 
twelve,  is  amended  to  read  as  follows: 

"SEC.  6.  That  there  shall  be  submitted  hereafter,  in  the  annual 
Book  of  Estimates  following  every  estimate  for  a  general  or  lump- 
sum  appropriation,  except  public  buildings  or  other  public  works 
constructed  under  contract,  a  statement  showing  in  parallel  columns: 

"  First,  the  number  of  persons,  if  any,  intended  to  be  employed  and 
the  rates  of  compensation  to  each,  and  the  amounts  contemplated  to 
be  expended  for  each  of  any  other  objects  or  classes  of  expenditures 
specified  or  contemplated  in  the  estimate,  including  a  statement  of 
estimated  unit  cost  of  any  construction  work  proposed  to  be  done;  and 

"  Second,  the  number  of  persons,  if  any,  employed  and  the  rate  of 
compensation  paid  each,  and  the  amounts  expended  for  each  other 
object  or  class  of  expenditure,  and  the  actual  unit  cost  of  any  con- 
struction work  done,  out  of  the  appropriation  corresponding  to  the 
estimate  so  submitted,  during  the  completed  fiscal  year  next  pre- 
ceding the  period  for  which  the  estimate  is  submitted. 

"Other  notes  shall  not  be  submitted  following  any  estimate 
embraced  in  the  annual  Book  of  Estimates  other  than  such  as  shall 
suggest  changes  in  form  or  order  of  arrangement  of  estimates  and 
appropriations  and  reasons  for  such  changes."  Sec.  10,  act  of  Aug. 
1, 1914  (38  Stat.  680). 

99a.  Rented  buildings,  District  of  Columbia,  statement  to  include 
details  of  floor  space,  etc. — Hereafter  the  statement  of  buildings  rented 
within  the  District  of  Columbia  for  use  of  the  Government,  required 
by  the  act  of  July  sixteenth,  eighteen  hundred  and  ninety-two  (Stat- 
utes at  Large,  volume  twenty-seven,  page  one  hundred  and  ninety- 
nine),1  shall  indicate  as  to  each  building  rented  the  area  thereof  in 
square  feet  of  available  floor  space  for  Government  uses,  the  rate 
paid  per  square  foot  for  such  floor  space,  the  assessed  valuation  of 
each  building,  and  what  proportion,  if  any,  of  the  rental  paid  includes 
heat,  light,  elevator,  or  other  service.  Sec.  3,  act  of  May  1,  1913  (38 
Stat.  3). 

125a.  Public  library  depositaries  to  receive  publications,  etc.,  new 
designations  authorized. — That  libraries  heretofore  designated  by  law 
as  depositaries  to  receive  books  and  other  Government  publications 

1  The  act  referred  to,  act  of  July  16,  1892  (27  Stat.  199),  provides  that  "Hereafter 
it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  cause  to  be  prepared  and 
submitted  to  Congress  each  year,  in  the  annual  Book  of  Estimates  of  Appropriations, 
a  statement  of  the  buildings  rented  within  the  District  of  Columbia  for  me  use  of 
the  Government,  the  purposes  for  which  rented,  and  the  annual  rental  of  each." 


620  MILITARY   LAWS   OF   THE   UNITED   STATES. 

shall  hereafter,  during  their  existence,  continue  such  receipt;  and  new 
designations  may  be  made  when  libraries  heretofore  chosen  shall  cease 
to  exist  or  other  designations  shall  hereafter  be  authorized  by  law. 
Sec.  5,  act  of  June  23,  1913  (88  Stat.  75). 

191a.  Appropriations,  reappropriation,  and  diversion  of  unex- 
pended balances  to  be  considered  as  new. — That  the  reappropriation  and 
diversion  of  the  unexpended  balance  of  any  appropriation  to  a  pur- 
pose other  than  that  for  which  it  was  originally  made  shall  be  con- 
strued and  accounted  hereafter  as  a  new  appropriation  and  the  un- 
expended balance  shall  be  reduced  by  the  sum  proposed  to  be  so 
diverted.  Sec.  4,  act  of  Mar.  4,  1915  (Pub.  No.  296,  38  Stat.  — ). 

200a.  Canal  Zone — semiannual  examination  of  accounts  and  vouch- 
ers, etc. — That  in  prescribing  regulations  under  the  provisions  of  sec- 
tion five  of  the  sundry  civil  act  of  August  first,  nineteen  hundred  and 
fourteen,  the  President  shall  provide  that  in  lieu  of  furnishing  to  the 
auditor  individual  detail  collection  vouchers,  not  provided  for  in  said 
regulations,  two  competent  persons,  one  from  the  office  of  the  Auditor 
for  the  War  Department,  designated  by  the  auditor,  and  one  from 
the  office  of  the  Comptroller  of  the  Treasury,  designated  by  the 
comptroller,  shall  be  sent  semiannually,  at  such  time  as  may  be 
designated  by  the  comptroller,  to  the  Canal  Zone  to  examine  the 
accounts  and  vouchers  and  verify  the  submitted  schedules  of  collec- 
tions and  report  in  triplicate  to  the  Auditor  for  the  War  Department, 
the  Comptroller  of  the  Treasury,  and  the  auditor  of  the  Panama 
Canal;  and  such  persons  shall  make  such  other  examination  into  the 
accounts  of  the  Panama  Canal  as  may  be  directed  by  the  comptroller, 
and  for  all  such  purposes  they  shall  have  access  to  all  records  and 
papers  pertaining  thereto.  Such  examination  and  inspection  shall 
be  made  for  the  period  covered  by  the  persons  designated  as  soon  as 
practicable,  and  the  report  of  such  persons  shall  be  promptly  filed. 
Such  persons  shall  be  furnished  their  transportation  going  and  re- 
turning, including  meals,  and  be  paid  a  per  diem  of  $4  from  the  day 
of  sailing  from  the  United  States  until  return  thereto,  both  days  in- 
clusive, in  lieu  of  subsistence  on  the  Isthmus  and  all  other  expenses, 
out  of  such  appropriation  for  the  Panama  Canal  as  may  be  designated 
by  the  governor.  Sec.  3,  act  of  Mar.  3,  1915  (Pub.  No.  263,  38  Stat. 
— ). 

215a.  Loyalty  restriction  repealed  as  to  claims  for  service  in  Army 
prior  to  April  13,  1861. — That  section  thirty-four  hundred  and  eighty 
of  the  Revised  Statutes  of  the  United  States  be,  and  the  same  is 
hereby,  repealed  so  far  as  it  affects  payments  for  services  in  the  Army 
of  the  United  States  prior  to  April  thirteenth,  eighteen  hundred  and 
sixty-one.  Act  of  July  6,  1914  (38  Stat.  454). 

217a.  Damage  or  loss  of  baggage  of  officers  and  enlisted  men  shipped- 
under  orders—recovery  from  United  States  in  excess  of  amount  paid  by 


MILITARY   LAWS   OF   THE   UNITED   STATES.  621 

carrier. — That  the  provisions  of  the  act  of  March  third,  eighteen  hun- 
dred and  eighty-five  (Twenty-third  Statutes,  page  three  hundred 
and  fifty),  entitled  "An  act  to  provide  for  the  settlement  of  the 
claims  of  officers  and  enlisted  men  of  the  Army  for  loss  of  private 
property  destroyed  in  the  military  service  of  the  United  States," 
shall  hereafter  extend  to  cover  loss  of  or  damage  to  the  regulation 
allowance  of  baggage  of  officers  and  enlisted  men  sustained  in  ship- 
ment under  orders,  to  the  extent  of  such  loss  or  damage  over  and 
above  the  amount  recoverable  from  the  carrier  furnishing  the  trans- 
portation. Act  of  Mar.  4,  1915  (Pub.  No.  292,  88  Stat.  — ). 

277a .  Court  of  Claims — jurisdiction  over  claims  grouting  out  of  Civil 
War,  etc. — That  from  and  after  the  passage  and  approval  of  this  act 
the  jurisdiction  of  the  Court  of  Claims  shall  not  extend  to  or  include 
any  claim  against  the  United  States  based  upon  or  growing  out  of 
the  destruction  of  any  property  or  damage  done  to  any  property  by 
the  military  or  naval  forces  of  the  United  States  during  the  war  for 
the  suppression  of  the  rebellion ;  nor  to  any  claim  for  stores  and  sup- 
plies taken  by  or  furnished  to  or  for  the  use  of  the  military  or  naval 
forces  of  the  United  States,  nor  to  any  claim  for  the  value  of  any  use 
and  occupation  of  any  real  estate  by  the  military  or  naval  forces  of 
the  United  States  during  said  war;  nor  shall  said  Court  of  Claims 
have  jurisdiction  of  any  claim  which  is  now  barred  by  the  provisions 
of  any  law  of  the  United  States.  Act  of  Mar.  4, 1915  (Pub.  No.  289, 
38  Stat.  — ). 

330a,  Tour  of  duty  of  officers  and  enlisted  men  in  Philippine  Islands 
and  the  Canal  Zone. — That  on  and  after  October  first,  nineteen  hun- 
dred and  fifteen,  no  officer  or  enlisted  man  of  the  Army  shall,  except 
upon  his  own  request,  be  required  to  serve  in  a  single  tour  of  duty 
for  more  than  two  years  in  the  Philippine  Islands,  nor  more  than 
three  years  in  the  Panama  Canal  Zone,  except  in  case  of  insurrection 
or  of  actual  or  threatened  hostilities:  Provided  further,  That  the 
foregoing  provision  shall  not  apply  to  the  organization  known  as  the 
Philippine  Scouts.  Act  of  Mar.  4,  1915  (Pub.  No.  "292,  38  Stat.  — ). 

346a.  Permanent  captains  in,  to  be  recommissioned  as  captains  of 
Infantry,  U.  S.  Army. — That  the  permanent  captains  of  the  Porto 
Rico  Regiment  of  Infantry  now  holding  commissions  as  such  in  said 
regiment  shall  be  recommissioned  as  captains  of  Infantry  of  the 
United  States  Army,  to  take  rank  on  the  lineal  list  of  officers  of 
Infantry  immediately  after  the  junior  officers  of  the  same  grade 
whose  total  commissioned  service  equals  or  exceeds  theirs.  Act  of 
Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

346b.  Same — Lineal  and  relative  rank  as  captains  of  Infantry. — 
That  those  officers  of  the  Porto  Rico  Regiment  of  Infantry,  recom- 
missioned as  captains  of  Infantry,  whose  total  commissioned  service 
is  less  than  that  of  any  officer  of  Infantry  of  the  next  lower  grade, 


622  MILITARY   LAWS   OF   THE   UNITED   STATES. 

shall  not  advance  on  the  lineal  list  of  captains  of  Infantry,  nor  on 
the  relative  list  of  officers  of  the  United  States  Army,  until  such 
time  as  there  no  longer  remains  on  the  lineal  list  of  officers  of  Infantry 
any  officer  of  the  next  lower  grade  of  equal  or  greater  length  of  total 
commissioned  service  and  shall  take  rank  in  the  grade  of  captain  on 
the  lineal  list  of  officers  of  Infantry  and  on  the  relative  list  of  officers 
of  the  United  States  Army  immediately  after  the  juniors  in  rank  of 
such  officers  of  Infantry  of  equal  or  greater  total  commissioned 
service.  Id. 

346c.  Same — Commissioned  service  to  be  counted  in  determining 
lineal  and  relative  rank. — That  for  the  purpose  of  this  act  total  com- 
missioned service  shall  include  commissioned  service  in  the  Regular 
Army,  in  the  Volunteers,  in  the  Porto  Rico  Provisional  Regiment 
of  Infantry,  and  in  the  Porto  Rico  Regiment  of  Infantry,  and  that 
the  commissioned  service  of  those  officers  of  the  Porto  Rico  Regi- 
ment of  Infantry  who  were  officers  of  the  Porto  Rico  Provisional 
Regiment  of  Infantry,  shall  be  counted  as  continuous  and  uninter- 
rupted between  the  twenty-ninth  day  of  June,  nineteen  hundred  and 
eight,  and  the  thirty-first  day  of  December,  nineteen  hundred  and 
eight.  Id. 

362a.  Pay  to  clerks,  messengers,  and  laborers  at  headquarters  of 
several  territorial  departments,  territorial  districts,  tactical  divisions 
and  brigades,  service  schools,  and  office  of  the  Chief  of  Staff. — One  chief 
clerk,  at  the  office  of  the  Chief  of  Staff,  $2,250  per  annum;  three 
clerks,  at  $2,000  each  per  annum;  twelve  clerks,  at  $1,800  each  per 
annum;  fifteen  clerks,  at  $1,600  each  per  annum;  thirty-eight  clerks, 
at  $1,400  each  per  annum;  seventy  clerks,  at  $1,200  each  per  annum; 
sixty-five  clerks,  at  $1,000  each  per  annum;  six  clerks  (Filipinos), 
at  $500  each  per  annum;  one  captain  of  the  watch,  at  $900  per 
annum;  three  watchmen,  at  $720  each  per  annum;  one  gardner,  at 
$720  per  annum;  one  packer,  at  $840  per  annum;  two  messengers, 
at  $840  each  per  annum;  fifty-nine  messengers,  at  $720  each  per 
annum;  six  messengers  (Filipinos),  at  $300  each  per  annum;  one 
laborer,  at  $660  per  annum;  two  laborers,  at  $600  each  per  annum; 
five  charwomen,  at  $240  each  per  annum.  In  all,  $312,690.  Addi- 
tional pay  while  on  foreign  service,  $9,000.  Act  of  Mar.  4, 1915  (Pub. 
No.  292,  38  Stat.  — ). 

362b. — Same — Increased  pay  for  foreign  service,  employment  of 
Filipinos,  assignment  to  duty  in  War  Department. — That  on  and  after 
July  first,  nineteen  hundred  and  fourteen,  the  pay  of  clerks  and 
messengers  at  headquarters  of  territorial  departments,  tactical  divi- 
sions, brigades,  and  service  schools,  who  are  citizens  of  the  United 
States,  shall  be  increased  $200  each  per  annum  while  serving  in  the 
Philippine  Islands,  such  service  to  be  computed  from  the  date  of 
departure  from  the  continental  limits  of  the  United  States  to  the  date 


MILITARY   LAWS   OF   THE   UNITED   STATES.  623 

of  return  thereto:  Provided  further,  That  the  money  hereby  appro- 
priated for  such  of  said  clerks  at  $1,200  and  $1,000  each  per  annum, 
and  such  of  said  messengers  at  $720  each  per  annum  as  may  be 
employed  and  assigned  by  the  Secretary  of  War  to  the  headquarters 
of  the  Philippine  Department,  districts  and  posts  therein,  may,  in 
case  of  vacancy  and  in  the  discretion  of  the  commanding  general, 
Philippine  Department,  be  expended,  in  whole  or  in  part,  for  the 
employment  of  Filipinos  as  clerks  at  not  to  exceed  $500  each  per 
annum,  and  messengers  at  not  to  exceed  $300  each  per  annum. 

And  said  clerks,  messengers,  and  laborers  shall  be  employed  and 
assigned  by  the  Secretary  of  War  to  the  offices  and  positions  in  which 
they  are  to  serve:  Provided,  That  no  clerk,  messenger,  or  laborer  at 
headquarters  of  tactical  divisions,  military  departments,  brigades, 
service  schools,  and  office  of  the  Chief  of  Staff  shall  be  assigned  to 
duty  with  any  bureau  in  the  War  Department.  Id. 

417a.  Funds  for  stores  or  material  procured  by  one  bureau  of  War 
Department  for  another,  etc.,  repayment  of. — Hereafter  when  one 
bureau  of  the  War  or  Navy  Departments  procures  by  purchase  or 
manufacture  stores  or  material  of  any  kind  or  performs  any  service 
for  another  bureau  of  such  departments  the  funds  of  the  bureau  or 
department  for  which  the  stores  or  material  are  to  be  procured  or  the 
service  performed  may  be  placed  subject  to  the  requisition  of  the 
bureau  or  department  making  the  procurement  or  performing  the  serv- 
ice for  direct  expenditure  by  it :  Provided,  That  when  the  stores  being 
procured  are  for  current  issue  during  the  year  stores  of  equal  value 
may  be  issued  from  stock  on  hand  in  place  of  any  of  those  aforesaid. 
Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

475a.  Military  prison,  United  States  and  branches,  name  changed  to 
United  States  Disciplinary  Barracks. — That  the  United  States  mili- 
tary prison  at  Fort  Leavenworth,  Kansas,  shall  hereafter  be  known 
as  the  United  States  Disciplinary  Barracks  and  the  branches  of  said 
prison  as  branches  of  such  barracks.  Act  oi  Mar.  4,  1915  (Pub.  No. 
292,  38  Stat.— •).  ' 

475b.  Military  Prison,  United  States,  name  changed  to  United  States 
Disciplinary  Barracks. — That  chapter  six,  Title  XIV,  of  the  Revised 
Statutes  of  the  United  States  be,  and  the  same  is  hereby,  amended 
to  read  as  follows: 

The  United  States  Military  Prison,  Fort  Leavenworth,  Kansas, 
shall  hereafter  be  known  as  the  United  States  Disciplinary  Barracks. 
Par.  1,  sec.  2,  act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

475c.  Same — Military  offenses  punishable  in  a  penitentiary,  con- 
finement may  ~be  in  United  States,  State,  Territory,  or  District  peni- 
tentiary.— Persons  sentenced  to  confinement  upon  conviction  by 
courts-martial  or  other  military  tribunals  of  crimes  or  offenses  which, 
under  some  statute  of  the  United  States  or  under  some  law  of  the 


624  MILITARY   LAWS   OF   THE   UNITED   STATES. 

State,  Territory,  District,  or  other  jurisdiction  in  which  the  crime  or 
offense  may  be  committed,  are  punishable  by  confinement  in  a  peni- 
tentiary, including  persons  sentenced  to  confinement  upon  conviction 
by  courts-martial  or  other  military  tribunals  of  two  or  more  acts  or 
omissions,  any  one  of  which,  under  the  statute  or  other  law  herein- 
before mentioned,  constitutes  or  includes  a  crime  or  offense  punish- 
able by  confinement  in  a  penitentiary,  may  be  confined  at  hard  labor, 
during  the  entire  period  of  confinement  so  adjudged,  in  any  United 
States,  State,  Territorial,  or  District  penitentiary,  or  in  any  other 
penitentiary  directly  or  indirectly  under  the  jurisdiction  of  the 
United  States;  and  all  persons  sentenced  to  confinement  upon  con- 
viction by  courts-martial  or  other  military  tribunals  who  are  not 
confined  in  a  penitentiary  may  be  confined  and  detained  in  the 
United  States  Disciplinary  Barracks.  Par.  2,  sec.  2,  Id. 

476a.  Same — Secretary  oj  War  may  designate  branch  disciplinary 
barracks. — The  Secretary  of  War  may,  from  time  to  time,  designate 
any  building  or  structure  or  any  part  thereof  under  the  control  of  the 
Secretary  of  War  and  pertaining  to  the  military  establishment  as  a 
branch  disciplinary  barracks  for  the  confinement  and  detention  of 
offenders  whom  it  is  impracticable  to  send  to  the  United  States 
Disciplinary  Barracks  at  Fort  Leaven  worth,  Kansas;  and  all  branch 
disciplinary  barracks  and  all  offenders  sent  thereto  for  confinement 
and  detention  therein  shall  be  subject  to  the  laws  respecting  the 
United  States  Disciplinary  Barracks  at  Fort  Leavenworth,  Kansas, 
and  the  offenders  sent  thereto  for  confinement  and  detention 
therein.  Par.  8,  sec.  2,  id. 

477a.  Same — Government  and  control  of  disciplinary  barracks 
vested  in  The  Adjutant  General. — The  government  and  control  of  the 
United  States  Disciplinary  Barracks  and  of  all  offenders  sent  thereto 
for  confinement  and  detention  therein  shall  be  vested  in  The  Adjutant 
General  of  the  Army  under  the  direction  of  the  Secretary  of  War, 
who  shall  from  time  to  time  make  such  regulations  respecting  the 
same  as  may  be  deemed  necessary,  and  who  shall  submit  annually  to 
Congress  a  full  statement  of  the  financial  and  other  affairs  of  said 
institution  for  the  preceding  fiscal  year.  Par.  8,  sec.  2,  id. 

480a.  Same — Commandant  and  other,  commissioned  and  noncom- 
missioned officers,  etc.,  at,  composition  oj. — The  officers  of  the  United 
States  Disciplinary  Barracks  shall  consist  of  a  commandant  and  such 
subordinate  officers  as  may  be  necessary,  who  shall  be  detailed  by 
the  Secretary  of  War  from  the  commissioned  officers  of  the  Army  at 
large.  In  addition  to  detailing  for  duty  at  said  disciplinary  barracks 
such  number  of  enlisted  men  of  the  Staff  Corps  and  departments  as 
he  may  deem  necessary,  the  Secretary  of  War  shall  assign  a  sufficient 
number  of  enlisted  men  of  the  line  of  the  Army  for  duty  as  guards  at 
said  disciplinary  barracks  and  as  noncommissioned  officers  of  the 


MILITARY   LAWS   OF    THE   UNITED   STATES.  625 

disciplinary  organizations  hereinafter  authorized.  Said  guards,  and 
also  the  enlisted  men  assigned  for  duty  as  noncommissioned  officers 
of  disciplinary  organizations,  shall  be  detached  from  the  line  of  the 
Army,  or  enlisted  for  the  purpose;  and  said  guards  shall  be  organized 
as  infantry,  with  noncommissioned  officers,  musicians,  artificers,  and 
cooks  of  the  number  and  grades  allowed  by  law  for  infantry  organi- 
zations of  like  strength:  Provided,  That  at  least  one  of  said  guards 
shall  have  the  rank,  pay,  and  allowances  of  a  battalion  sergeant  major. 
Par.  4}  sec-  ®j  id. 

48 la.  Same — Duties  of  the  commandant. — The  commandant  of  the 
United  States  Disciplinary  Barracks  shall  have  command  thereof  and 
charge  and  custody  of  all  offenders  sent  thereto  for  confinement  and 
detention  therein;  shall  govern  such  offenders  and  cause  them  to  be 
employed  at  such  labor  and  in  such  trades  and  to  perform  such  duties 
as  may  be  deemed  best  for  their  health  and  reformation  and  with  a 
view  to  their  honorable  restoration  to  duty  or  their  reenlistment  as 
hereinafter  authorized;  shall  cause  note  to  be  taken  and  a  record  to 
be  made  of  the  conduct  of  such  offenders;  and  may  shorten  the  daily 
time  of  hard  labor  of  those  who  by  their  obedience,  honesty,  industry, 
and  general  good  conduct  earn  such  favors — all  under  such  regula- 
tions as  the  Secretary  of  War  may  from  time  to  time  prescribe.  Par. 
5,  sec.  2,  id. 

48 Ib.  Same — Organization  of  disciplinary  companies  and  -higher 
units,  etc. — The  Secretary  of  War  shall  provide  for  placing  under  mili- 
tary training  those  offenders  sent  to  the  United  States  Disciplinary 
Barracks  for  confinement  and  detention  therein  whose  record  and 
conduct  are  such  as  to  warrant  the  belief  that  upon  the  completion  of 
a  course  of  military  training  they  may  be  worthy  of  an  honorable 
restoration  to  duty  or  of  being  permitted  to  reenlist;  may  provide  for 
the  organization  of  offenders  so  placed  under  military  training  into 
disciplinary  companies  and  higher  units,  organized  as  infantry,  with 
noncommissioned  officers,  except  color  sergeants,  selected  or  ap- 
pointed from  the  enlisted  men  assigned  to  duty  for  that  purpose  pur- 
suant to  the  provisions  of  paragraph  four  hereof;  and  may  provide 
for  uniforming,  arming,  and  equipping  such  organizations.  Par.  6, 
sec.  2,  id. 

488a.  Same — Clemency  and  restoration  to  colors  of  persons  not  dis- 
charged and  reenlistment  of  discharged  persons. — Whenever  he  shall 
deem  such  action  merited  the  Secretary  of  War  may  remit  the  un- 
executed portions  of  the  sentences  of  offenders  sent  to  the  United 
States  Disciplinary  Barracks  for  confinement  and  detention  therein 
and  in  addition  to  such  remission  may  grant  those  who  have  not  been 
discharged  from  the  Army  an  honorable  restoration  to  duty,  and 
may  authorize  the  reenlistment  of  those  who  have  been  discharged 
48985°— 15 40 


626  MILITARY   LAWS   OF   THE   UNITED  STATES. 

or  upon  their  written  application  to  that  end  order  their  restoration 
to  the  Army  to  complete  their  respective  terms  of  enlistment,  and 
such  application  and  order  of  restoration  shall  be  effective  to  revive 
the  enlistment  contract  for  a  period  equal  to  the  one  not  served  under 
said  contract.  Par.  7,  sec.  2,  id. 

488b. — Parole  of  general  prisoners  in  disciplinary  barracks,  and 
restoration  to  duty  oi  those  serving  confinement  in  places  other  than  dis- 
ciplinary barracks. — That  the  authority  now  vested  in  the  Secretary 
of  War  to  give  an  honorable  restoration  to  duty,  in  case  the  same  is 
merited,  to  general  prisoners  confined  in  the  United  States  discipli- 
nary barracks  and  its  branches  shall  be  extended  so  that  such  res- 
toration may  be  given  to  general  prisoners  confined  elsewhere,  and 
the  Secretary  of  War  shall  be,  and  he  is  hereby,  authorized  to  estab- 
lish a  system  of  parole  for  prisoners  confined  in  said  barracks  and  its 
branches,  the  terms  and  conditions  of  such  parole  to  be  such  as  the 
Secretary  of  War  may  prescribe.  Act  of  Mar.  4,  1915  (Pub.  No.  292, 
88  Stat.— ). 

506a.  Enlisted  men,  composition  of. — That  the  enlisted  force  of  the 
Quartermaster  Corps  shall  consist  of  not  to  exceed  fifteen  master 
electricians,  three  hundred  and  eighty  sergeants  (first  class),  one  thou- 
sand two  hundred  and  forty  sergeants,  six  hundred  corporals,  two 
thousand  nine  hundred  and  twenty  privates  (first  class),  seven  hun- 
dred and  fifty  privates,  and  ninety-five  cooks,  all  of  whom  shall  re- 
ceive the  same  pay  and  allowances  as  enlisted  men  of  corresponding 
grades  in  the  Signal  Corps  of  the  Army,  and  shall  be  assigned  to  such 
duties  pertaining  to  the  Quartermaster  Corps  as  the  Secretary  of  War 
may  prescribe.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

514a.  Appointment  of  quartermaster  sergeants  in  Quartermaster 
Corps. — Hereafter  the  Secretary  of  War  is  authorized  to  appoint  such 
number  of  quartermaster  sergeants,  Quartermaster  Corps,  not  to 
exceed  the  number  provided  for  by  law,  as  he  may  deem  necessary 
for  the  interest  of  the  service,  said  quartermaster  sergeants  to  be 
selected  from  the  most  competent  noncommissioned  officers  of  the 
Army,  who  shall  have  served  therein  at  least  five  years,  three  years 
of  such  service  having  been  rendered  as  noncommissioned  officers, 
and  whose  character  and  education  shall  fit  them  to  take  charge  of 
public  property  and  to  act  as  clerks  and  assistants  to  the  proper 
officers  of  the  Army  in  charge  of  public  property.  Act  of  Mar.  4, 1915, 
(Pub.  No.  292,  SSStat.—). 

588a.  Quartermaster  property,  articles  of  may  be  sold  to  officers  of 
Navy  and  Marine  Corps. — That  articles  of  serviceable  quartermaster 
property  may  be  sold  by  the  Quartermaster  General  of  the  Army  to 
officers  of  the  Navy  and  Marine  Corps,  for  their  use  in  the  public 
service,  in  the  same  manner  as  these  articles  are  now  sold  to  officers 
of  the  Army.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  627 

61  la.  Commutation  of  rations  lor  enlisted  men  oi  Army  and  Militia 
at  national  rifle  match. — That  the  sum  of  $12,000  is  authorized  to  be 
expended  for  supplying  meals  or  furnishing  commutation  of  rations 
to  enlisted  men  of  the  Regular  Army  and  the  Organized  Militia  who 
may  be  competitors  in  the  national  rifle  match :  Provided  further,  That 
no  competitor  shall  be  entitled  to  commutation  of  rations  in  excess 
of  $1.50  per  day,  and  when  meals  are  furnished  no  greater  expense 
than  that  sum  per  man  per  day  for  the  period  the  contest  is  in  prog- 
ress shall  be  incurred.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  88 
Stat.  — ). 

616a.  Funds  appropriated  for  support  ol  Army  available  for  purchase 
ol  reserve  supplies. — Hereafter  funds  appropriated  for  support  of  the 
Army  may  be  used  for  the  procurement  of  supplies  to  be  held  in  store 
for  issue  to  the  Army  during  subsequent  fiscal  years.  Act  ol  Mar.  4, 
1915  (Pub.  No.  292,  38  Stat.  — ). 

668a.  Commutation  of  quarters  to  officers,  etc.,  where  no  public  quarters 
are  available. — Hereafter,  at  places  where  there  are  no  public  quarters 
available,  commutation  for  the  authorized  allowance  therefor  shall 
be  paid  to  commissioned  officers,  acting  dental  surgeons,  veterina- 
rians, members  of  the  Nurse  Corps,  and  pay  clerks  at  the  rate  of  $12 
per  room  per  month;  and,  when  specifically  authorized  by  the  Secre- 
tary of  War,  to  enlisted  men  at  the  rate  of  $15  per  month,  or  in  lieu 
thereof  he  may,  in  his  discretion,  rent  quarters  for  the  use  of  said 
enlisted  men  when  so  on  duty.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38 
Stat.  —). 

668b .  Same — Secretary  of  War  may  determine  when  and  where  public 
quarters  are  not  available. — Hereafter  the  Secretary  of  War  may  deter- 
mine where  and  when  there  are  no  public  quarters  available  within 
the  meaning  of  this  or  any  other  act.  Act  of  Mar.  4, 1915  (Pub.  No. 
292,  38  Stat.  — ). 

673a.  Officers  on  duty  as  observers  with  foreign  armies  infield,  ex- 
penses of. — That  the  actual  and  necessary  expenses  of  officers  of  the 
Army  who,  after  July  first,  nineteen  hundred  and  fourteen,  have 
been  on  duty  abroad  for  the  purpose  of  observing  operations  of  armies 
of  foreign  States  at  war,  and  of  officers  who  may  hereafter  be  on  duty 
abroad  for  that  purpose,  shall  be  paid  out  of  the  appropriation  for 
contingencies  of  the  military  information  section,  General  Staff  Corps, 
upon  certificates  of  the  Secretary  of  War  that  the  expenditures  were 
necessary  for  obtaining  military  information.  Act  of  Mar.  4,  1915 
(Pub.  No.  292,  38  Stat.  — ). 

680a.  Subsistence  expenses  of  officials — Allowances  for,  outside  of 
District  of  Columbia  limited. — On  and  after  July  first,  nineteen  hundred 
and  fourteen,  unless  otherwise  expressly  provided  by  law,  no  officer  or 
employee  of  the  United  States  shall  be  allowed  or  paid  any  sum  in 
excess  of  expenses  actually  incurred  for  subsistence  while  traveling 


628  MILITARY   LAWS   OF   THE   UNITED  STATES. 

on  duty  outside  of  the  District  of  Columbia  and  away  from  his  desig- 
nated post  of  duty,  nor  any  sum  for  such  expenses  actually  incurred 
in  excess  of  $5  per  day;  nor  shall  any  allowance  or  reimbursement 
for  subsistence  be  paid  to  any  officer  or  employee  in  any  branch  of 
the  public  service  of  the  United  States  in  the  District  of  Columbia 
unless  absent  from  his  designated  post  of  duty  outside  of  the  District 
of  Columbia,  and  then  only  for  the  period  of  time  actually  engaged 
in  the  discharge  of  official  duties.  Act  of  Apr.  6,  1914  (38  Stat.  318). 

689a.  Disbursement  of  certain  appropriations  Tier etof ore  made  which 
shall  constitute  one  fund. — That  all  the  money  hereinbefore  appro- 
priated under  the  titles  Subsistence  of  the  Army,  Regular  Supplies- 
Quartermaster  Corps,  Incidental  Expenses — Quartermaster  Corps 
Transportation  of  the  Army  and  its  Supplies,  Water  and  Sewers  at 
Military  Posts,  and  Clothing  and  Camp  and  Garrison  Equipage  shall 
be  disbursed  and  accounted  for  by  officers  and  agents  of  the  Quarter- 
master Corps  as  "  Supplies,  Services,  and  Transportation,  Quarter- 
master Corps,"  and  for  that  purpose  shall  constitute  one  fund.  Act 
of  Mar.  4,  1915  (Pub.  292,  38  Stat.  — ). 

727a.  Pay  and  allowances  of  soldier  sentenced  to  dishonorable  dis- 
charge during  execution  of  suspended  sentence. — Hereafter  pay  and 
allowances  shall  not  accrue  to  a  soldier  under  sentence  of  dishonorable 
discharge,  during  such  period  as  the  execution  of  the  sentence  of  dis- 
charge may  be  suspended  under  authority  of  the  act  of  Congress 
approved  April  twenty-seventh,  nineteen  hundred  and  fourteen,  and 
pay  which  has  heretofore  been  forfeited  under  such  suspended  sentence 
shall  not  be  held  to  have  accrued  to  the  Soldiers'  Home  under  the 
operation  of  section  forty-eight  hundred  and  eighteen,  Revised 
Statutes,  but  shall  be  covered  back  into  the  Treasury  of  the  United 
States.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  —). 

775a.  Sale  of  medical  supplies  to  American  Red  Cross. — Hereafter, 
with  the  approval  of  the  Secretary  of  War  and  at  rates  of  charge  of 
not  less  than  the  contract  prices  paid  therefor  plus  twenty-five  per 
centum  to  cover  the  cost  of  purchase,  inspection,  and  so  forth,  the 
Medical  Department  of  the  Army  may  sell  for  cash  to  the  American 
National  Red  Cross  such  medical  supplies  and  equipments  as  can  be 
spared  without  detriment  to  the  military  service.  Act  of  Mar.  4, 
1915  (Pub.  No.  292,  38  Stat.  — ). 

775b.  Loan  of  sanitary  equipment  of  Army  and  Navy  to  American 
Red  Cross. — That  the  Secretary  of  War  and  the  Secretary  of  the  Navy 
be,  and  are  hereby,  authorized  to  issue,  each  at  his  discretion  and 
under  proper  regulations  to  be  prescribed  by  him,  out  of  equipment 
for  medical  and  other  establishments  on  hand,  belonging  to  the 
Government  and  which  can  be  temporarily  spared,  such  articles  as 
may  appear  to  be  required  for  instruction  and  practice  by  organiza- 
tions formed  by  the  American  National  Red  Cross,  for  the  purpose  of 


MILITARY   LAWS   OF   THE   UNITED   STATES.  629 

rendering  aid  to  the  Army  and  Navy  in  war.     Joint  Resolution  No.  15, 
May  8,  1914  (88  Stat.  771). 

775c.  Same — Return  to  be  provided  for,  and  bond  to  be  required.— 
That  the  regulations  prescribed  by  the  Secretary  of  War  or  by  the 
Secretary  of  the  Navy,  in  pursuance  of  the  authority  ^  granted  by 
section  one,  shall  provide  for  the  immediate  return  of  the  articles  of 
equipment  loaned  the  American  National  Red  Cross  when  called  for 
by  the  authority  which  issued  them;  and  the  said  Secretaries  shall 
require  a  bond  in  each  case,  in  double  the  value  of  the  property,  for 
the  care  and  safe-keeping  thereof  and  for  the  return  of  the  same  when 
required.  Sec.  2,  Id. 

775  d .  Settlement  of  accounts  between  other  bureaus  of  War  Department, 
etc.,  and  Medical  Department. — Hereafter  in  the  settlement  of  accounts 
between  the  appropriations  of  the  Medical  Department  and  those  of 
any  other  branch  of  the  Army  service,  or  any  bureau  or  office  of  the 
War  Department,  or  any  other  executive  department  or  establish- 
ment of  the  Government,  payment  thereof  may  be  made  by  the 
proper  disbursing  officer  of  the  Medical  Department  or  of  the  branch 
of  the  Army  service,  office,  bureau,  department,  or  establishment 
concerned.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

776a.  Hospital  care  Canal  Zone  garrison;  rate  of  commutation  of 
rations  and  appropriation  from  which  payable. — For  paying  the 
Panama  Canal  such  reasonable  charges,  exclusive  of  subsistence,  as 
may  be  approved  by  the  Secretary  of  War  for  caring  in  its  hospitals 
for  officers,  enlisted  men,  military  prisoners,  and  civilian  employees 
of  the  Army  admitted  thereto  upon  the  request  of  proper  military 
authority:  Provided,  That  the  subsistence  of  the  said  patients,  except 
commissioned  officers  and  acting  dental  surgeons,  shall  be  paid  to 
said  hospitals  out  of  the  appropriation  for  subsistence  of  the  Army 
at  the  rates  provided  therein  for  commutation  of  rations  for  enlisted 
patients  in  general  hospitals.  Act  of  Mar.  4)  1915  (Pub.  No.  292, 
38  Stat.  — ). 

(For  similar  provision  in  deficiencies  act,  see  Public  No.  296,  act  of  Mar.  4,  1915, 
38  Stat.  — .) 

813a.  Detail  of  majors  for  duty  in. — That  majors  may  be  detailed 
in  the  Ordnance  Department,  under  section  twenty-six  of  the  act 
approved  February  second,  nineteen  hundred  and  one,  and  acts 
amendatory  thereof,  without  a  compulsory  period  of  service  out  of 
that  department.  Act  of  Feb.  24,  1915  (Pub.  No.  251,  88  Stat.  — ). 

825 a.  Public  quarters — Occupancy  by  ordnance  officer  of  brick  house 
at  proving  ground  not  occupancy  of. — That  hereafter  the  occupancy 
by  such  officers,  providing  themselves  with  quarters  elsewhere,  of 
one  room  in  the  building  at  the  proving  ground  locally  known  as 
the  brick  house,  shall  not  be  construed  as  occupancy  of  public  quarters 
within  the  meaning  of  this  act  and  of  the  law  authorizing  allowance 


630  MILITARY   LAWS   OF   THE   UNITED   STATES. 

and  commutation  of  quarters.  Act  of  Mar.  S,  1915  (Pub.  No.  264, 
88  Stat.  — ). 

849a.  Condemned  cannon,  etc.,  donated  to  patriotic  organizations,  etc., 
Government  not  to  transport,  and  to  remain  subject  to  orders  oj  Secretary 
of  War. — That  no  expense  shall  be  incurred  by  the  United  States 
through  the  delivery  of  any  of  the  foregoing  condemned  military 
equipment:  And  provided  further,  That  each  and  every  article  of  con- 
demned military  equipment  covered  by  this  act  shall  be  subject  at  all 
times  to  the  order  of  the  Secretary  of  War.  Act  of  Mar.  4,1915  (Pub. 
No.  827 ',88  Stat.— ). 

857a.  Certain  appropriations  available  for  allowance  in  lieu  oi  sub- 
sistence for  civilians  traveling  outside  oi  the  District. — That  the  appro- 
priations hereinbefore  made  under  the  heading  "Ordnance  Depart- 
ment" shall  be  available  for  the  payment  of  an  allowance  not  to 
exceed  $4  per  day  in  lieu  of  subsistence  to  civilian  employees  of  the 
Ordnance  Department  traveling  on  official  business  outside  of  the 
District  of  Columbia  and  away  from  their  designated  posts  of  duty. 
Act  oj  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

864a.  Taylor  system — No  salary  to  be  paid  officer,  superintendent, 
manager,  or  foreman  using. — That  no  part  of  the  appropriations  made 
in  this  bill  shall  be  available  for  the  salary  or  pay  of  any  officer, 
manager,  superintendent,  foreman,  or  other  person  having  charge  of 
the  work  of  any  employee  of  the  United  States  Government  while 
making  or  causing  to  be  made,  with  a  stop  watch  or  other  time- 
measuring  device,  a  time  study  of  any  job  of  any  such  employee 
between  the  starting  and  completion  thereof  or  of  the  movements  of 
any  such  employee,  while  engaged  upon  such  work;  nor  shall  any 
part  of  the  appropriations  made  in  this  bill  be  available  to  pay  any 
premium  or  bonus  or  cash  reward  to  any  employee  in  addition  to 
his  regular  wages,  except  for  suggestions  resulting  in  improvements 
or  economy  in  the  operation  of  any  Government  plant;  and  no  claim 
for  services  performed  by  any  person  while  violating  this  proviso 
shall  be  allowed.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ).  - 

883a.  Signal  Corps — Exchange  oj  typewriters  and  adding  machines. — 
Hereafter  the  Signal  Corps  may  exchange  typewriters  and  adding 
machines  in  the  purchase  of  similar  equipment.  Act  of  Mar.  4,  1915 
{Pub.  No.  292,  38  Stat.  — ). 

889a,  Aviation  section  created,  duties,  etc. — That  there  shall  here- 
after be,  and  there  is  hereby  created,  an  aviation  section,  which  shall 
be  a  part  of  the  Signal  Corps  of  the  Army,  and  which  shall  be,  and  is 
hereby,  charged  with  the  duty  of  operating  or  supervising  the  opera- 
tion of  all  military  air  craft,  including  balloons  and  aeroplanes,  all 
appliances  pertaining  to  said  craft,  and  signaling  apparatus  of  any 
kind  when  installed  on  said  craft;  also  with  the  duty  of  training 
officers  and  enlisted  men  in  matters  pertaining  to  military  aviation. 
Sec.  1,  act  oj  July  18,  1914  (38  Stat.  514}. 


MILITARY  LAWS   OF   THE   UNITED   STATES.  631 

889b.  Same — Officers  and  enlisted  men  provided  for  to  be  additional 
to  regular  corps  allotment. — That,  in  addition  to  such  officers  and 
enlisted  men  as  shall  be  assigned  from  the  Signal  Corps  at  large  to 
executive,  administrative,  scientific,  or  other  duty  in  or  for  the 
aviation  section,  there  shall  be  in  said  section  aviation  officers  not  to 
exceed  sixty  in  number,  and  two  hundred  and  sixty  aviation  enlisted 
men  of  all  grades;  and  said  aviation  officers  and  aviation  enlisted 
men,  all  of  whom  shall  be  engaged  on  duties  pertaining  to  said 
aviation  section,  shall  be  additional  to  the  officers  and  enlisted  men 
now  allotted  by  law  to  the  Signal  Corps,  the  commissioned  and 
enlisted  strengths  of  which  are  hereby  increased  accordingly.  Sec. 
2,  id. 

889c.  Same — Details  from  line^  officers,  tour  of  service,  and  redetail 
of  proficient  aviators. — The  aviation  officers  provided  for  in  this 
section  shall,  except  as  hereinafter  prescribed  specifically  to  the 
contrary,  be  selected  from  among  officers  holding  commissions  in  the 
line  of  the  Army  with  rank  below  that  of  captain,  and  shall  be 
detailed  to  serve  as  such  aviation  officers  for  periods  of  four  years, 
unless  sooner  relieved,  and  the  provisions  of  section  twenty-seven 
of  the  act  of  Congress  approved  February  second,  nineteen  hundred 
and  one  (Thirty-first  Statutes,  page  seven  hundred  and  fifty-five) 
are  hereby  extended  so  as  to  apply  to  said  aviation  officers  and  to  the 
vacancies  created  in  the  line  of  the  Army  by  the  detail  of  said  officers 
therefrom,  but  nothing  in  said  act  or  hi  any  other  law  now  in  force 
shall  be  held  to  prevent  the  detail  or  redetail  at  any  time  to  fill  a 
vacancy  among  the  aviation  officers  authorized  by  this  act,  of  any 
officer  holding  a  commission  in  the  line  of  the  Army  with  rank  below 
that  of  captain,  and  who,  during  prior  service  as  an  aviation  officer 
in  the  aviation  section,  shall  have  become  especially  proficient  hi 
military  aviation.  Sec.  2,  id. 

889 d.  Same — Aviation  students,  selection,  tour  of  service,  etc.;  no 
vacancies  created  by  such  detachment. — There  shall  also  be  constantly 
attached  to  the  aviation  section  a  sufficient  number  of  aviation 
students  to  make,  with  the  aviation  officers  actually  detailed  in  said 
section  under  the  provisions  of  this  act,  a  total  number  of  sixty 
aviation  officers  and  aviation  students  constantly  under  assignment  to, 
or  detail  in,  said  section.  Said  aviation  students,  all  of  whom  shall 
be  selected  on  the  recommendation  of  the  chief  signal  officer  from 
among  unmarried  lieutenants  of  the  line  of  the  Army  not  over  thirty 
years  of  age,  shall  remain  attached  to  the  aviation  section  for  a 
sufficient  time,  but  in  no  case  to  exceed  one  year,  to  determine  their 
fitness  or  unfitness  for  detail  as  aviation  officers  in  said  section,  and 
their  detachment  from  their  respective  arms  of  service  which  under 
assignment  to  said  section  shall  not  be  held  to  create  in  said  arms 
vacancies  that  may  be  filled  by  promotions  or  original  appointments. 
Sec.  2,  id.  515. 


632  MILITARY   LAWS   OF   THE   UNITED   STATES. 

889e.  Same — Details  not  compulsory  in  time  oj  peace. — That  no 
person,  except  in  time  of  war,  shall  be  assigned  or  detailed  against 
his  will  to  duty  as  an  aviation  student  or  an  aviation  officer. 
Sec.  2,  id. 

889f .  Same — Assignment  to  cease  if  officer  is  inefficient,  etc. — That 
whenever,  under  such  regulations  as  the  Secretary  of  War  shall 
prescribe  and  publish  to  the  Army,  an  officer  assigned  or  detailed 
to  duty  of  any  kind  hi  or  with  the  aviation  section  shall  have  been 
found  to  be  inattentive  to  his  duties,  inefficient,  or  incapacitated 
from  any  cause  whatever  for  the  full  and  efficient  discharge  of  all 
duties  that  might  properly  be  imposed  upon  him  if  he  should  be 
continued  on  duty  in  or  with  said  section,  said  officer  shall  be  returned 
forthwith  to  the  branch  of  the  service  in  which  he  shall  hold  a  com- 
mission. Sec.  2,  id. 

889g.  Same — Aviation  officers  rated,  junior  military  aviators,  etc. — 
That  the  aviation  officers  hereinbefore  provided  for  shall  be  rated 
in  two  classes,  to  wit,  as  junior  military  aviators  and  as  military 
aviators.  Within  sixty  days  after  this  act  shall  take  effect  the 
Secretary  of  War  may,  upon  the  recommendation  of  the  Chief  Signal 
Officer,  rate  as  junior  military  aviators  any  officers  with  rank  below 
that  of  captain,  who  are  now  on  aviation  duty  and  who  have,  or  shall 
have  before  the  date  of  rating  so  authorized,  shown  by  practical  tests, 
including  aerial  flights,  that  they  are  especially  well  qualified  for  mili- 
tary aviation  service;  and  after  said  rating  shall  have  been  made  the 
rating  of  junior  military  aviator  shall  not  be  conferred  upon  any  per- 
son except  as  hereinafter  provided.  Sec.  8,  id. 

889h.  Same — Rating,  increased  grade  and  pay  of  junior  military 
aviators,  aviation  students,  etc. — Each  aviation  student  authorized 
by  this  act  shall,  while  on  duty  that  requires  him  to  participate 
regularly  and  frequently  in  aerial  flights,  receive  an  increase  of  25 
per  centum  in  the  pay  of  his  grade  and  length  of  service  under  his 
line  commission.  Each  duly  qualified  junior  military  aviator  shall, 
while  so  serving,  have  the  rank,  pay,  and  allowances  of  one  grade 
higher  than  that  held  by  him  under  his  line  commission,  provided 
that  his  rank  under  said  commission  be  not  higher  than  that  of  first 
lieutenant,  and,  while  on  duty,  requiring  him  to  participate  regularly 
and  frequently  in  aerial  flights,  he  shall  receive  in  addition  an  increase 
of  50  per  centum  in  the  pay  of  his  grade  and  length  of  service  under 
his  line  commission.  The  rating  of  military  aviator  shall  not  be 
hereafter  conferred  upon  or  held  by  any  person  except  as  hereinafter 
provided,  and  the  number  of  officers  with  that  rating  shall  at  no  time 
exceed  fifteen.  Each  military  aviator  who  shall  hereafter  have  duly 
qualified  as  such  under  the  provisions  of  this  act  shall,  while  so  serving, 
have  the  rank,  pay,  and  allowances  of  one  grade  higner  than  that  held 
by  him  under  his  line  commission,  provided  that  his  rank  under 


MILITARY   LAWS   OF   THE   UNITED   STATES.  633 

said  commission  be  not  higher  than  that  of  first  lieutenant,  and, 
while  on  duty  requiring  him  to  participate  regularly  and  frequently 
in  aerial  flights,  he  shall  receive  in  addition  an  increase  of  75  per 
centum  of  the  pay  of  his  grade  and  length  of  service  under  his  line 
commission.  Sec.  8,  id. 

8891 .  Same — Personnel  of  enlisted  men,  rating  of  aviation  mechan- 
ician.— The  aviation  enlisted  men  hereinbefore  provided  for  shall 
consist  of  twelve  master  signal  electricians,  twelve  first-class  sergeants, 
twenty-four  sergeants,  seventy-eight  corporals,  eight  cooks,  eighty- 
two  first-class  privates,  and  forty-four  privates.  Not  to  exceed 
forty  of  said  enlisted  men  shall  at  any  one  time  have  the  rating  of 
aviation  mechanician,  which  rating  is  hereby  established,  and  said 
rating  shall  not  be  conferred  uptrn  any  person  except  as  hereinafter 
provided.  Sec.  3,  id.  516. 

889j.  Same — Instruction  in  art  of  flying,  and  increase  of  pay. — That 
twelve  enlisted  men  at  a  time  shall,  in  the  discretion  of  the  officer  in 
command  of  the  aviation  section,  be  instructed  in  the  art  of  flying,, 
and  no  enlisted  man  shall  be  assigned  to  duty  as  an  aerial  flyer  against 
his  will  except  in  time  of  war.  Each  aviation  enlisted  man,  while  on 
duty  that  requires  him  to  participate  regularly  and  frequently  in 
aerial  flights,  or  while  holding  the  rating  of  aviation  mechanician, 
shall  receive  an  increase  of  fifty  per  centum  in  his  pay.  Sec.  8,  id. 

889k.  Same — Qualification  certificates  required,  examinations  for, 
etc. — That,  except  as  hereinafter  provided  in  the  cases  of  officers  now 
on  aviation  duty,  no  person  shall  be  detailed  as  an  aviation  officer, 
or  rated  as  a  junior  military  aviator,  or  as  a  military  aviator,  or  as  an 
aviation  mechanician,  until  there  shall  have  been  issued  to  him  a 
certificate  to  the  effect  that  he  is  qualified  for  the  detail  or  rating, 
or  for  both  the  detail  and  the  rating,  sought  or  proposed  in  his  case, 
and  no  such  certificate  shall  be  issued  to  any  person  until  an  aviation 
examining  board,  which  shall  be  composed  of  three  officers  of  ex- 
perience in  the  aviation  service  and  two  medical  officers,  shall  have 
examined  him,  under  general  regulations  to  be  prescribed  by  the 
Secretary  of  War  and  published  to  the  Army  by  the  War  Depart- 
ment, and  shall  have  reported  him  to  be  qualified  for  the  detail  or 
rating,  or  for  both  the  detail  and  the  rating,  sought  or  proposed  in 
his  case.  Sec.  8,  id. 

8891.  Same — Issue  of  certificates  of  qualification. — That  the  Secre- 
tary of  War  shall  cause  appropriate  certificates  of  qualification  to  be 
issued  by  the  Adjutant  General  of  the  Army  to  all  officers  and  enlisted 
men  who  shall  have  been  found  and  reported  by  aviation  examining 
boards  in  accordance  with  the  terms  of  this  act,  to  be  qualified  for  the 
details  and  ratings  for  which  said  officers  and  enlisted  men  shall  have 
been  examined.  Sec.  3,  id. 

889m.  Same — Service  as  aviation  students  prior  to  detail,  rating  re- 
quirements for  military  aviators,  etc. — That  except  as  hereinbefore 


634  MILITARY   LAWS   OF   THE   UNITED   STATES. 

provided  in  the  cases  of  officers  who  are  now  on  aviation  duty  and 
who  shall  be  rated  as  junior  military  aviators  as  hereinbefore  author- 
ized, no  person  shall  be  detailed  for  service  as  an  aviation  officer  in 
the  aviation  section  until  he  shall  have  served  creditably  as  an 
aviation  student  for  a  period  to  be  fixed  by  the  Secretary  of  War; 
and  no  person  shall  receive  the  rating  of  military  aviator  until  he 
shall  have  served  creditably  for  at  least  three  years  as  an  aviation 
officer  with  the  rating  of  junior  military  aviator.  Sec.  3,  id. 

889n.  Same — Payments  in  case  of  death  from  accident. — That  there 
shall  be  paid  to  the  widow  of  any  officer  or  enlisted  man  who  shall 
die  as  the  result  of  an  aviation  accident,  not  the  result  of  his  own 
misconduct,  or  to  any  other  person  designated  by  him  in  writing, 
an  amount  equal  to  one  year's  pay  at  the  rate  to  which  such  officer 
or  enlisted  man  was  entitled  at  the  time  of  the  accident  resulting  in 
his  death,  but  any  payment  made  in  accordance  with  the  terms  of 
this  proviso  on  account  of  the  death  of  any  officer  or  enlisted  man 
shall  be  in  lieu  of  and  a  bar  to  any  payment  under  the  acts  of  Con- 
gress approved  May  eleventh,  nineteen  hundred  and  eight,  and 
March  third,  nineteen  hundred  and  nine  (Thirty-fifth  Statutes,  pages 
one  hundred  and  eight  and  seven  hundred  and  fifty-five),  on  account 
of  death  of  said  officer  or  enlisted  man.  Sec.  3,  id. 

927a.  Thanks  of  Congress  tendered  to  certain  officers  of  Army  and 
Navy. — That  the  thanks  of  Congress  are  hereby  extended  to  the  fol- 
lowing officers  of  the  Army  and  Navy  of  the  United  States  who,  as 
members  of  the  late  Isthmian  Canal  Commission,  have  rendered  dis- 
tinguished service  in  constructing  the  Panama  Canal,  to  wit:  Colonel 
George  W.  Goethals,  chairman  and  chief  engineer;  Brigadier  General 
William  C.  Gorgas,  sanitary  expert;  Colonel  H.  F.  Hodges,  Lieu- 
tenant Colonel  William  L.  Sibert,  and  Commander  H.  H.  Rousseau. 
Sec.  1,  act  of  Mar.  4,  1915  (Pub.  No.  316,  38  Stat.  — ). 

927b.  Promotion  of  certain  officers  of  Army  and  Navy. — That  the 
President  is  hereby  authorized,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  advance  in  rank  Colonel  George  W.  Goethals  to  the 
grade  of  major  general  of  the  line,  United  States  Army;  Brigadier 
General  William  C.  Gorgas  to  the  rank  of  major  general  in  the  Medical 
Department,  United  States  Army;  Colonel  H.  F.  Hodges  and  Lieu- 
tenant Colonel  William  L.  Sibert  to  the  grade  of  brigadier  general  of 
the  line,  United  States  Army;  and  Commander  H.  H.  Rousseau  to 
the  grade  of  rear  admiral  of  the  lower  Nine,  United  States  Navy.  Sec. 
2,  id.  • 

927c.  Same — Certain  officers  to  be  advanced  one  grade  when  placed 
on  the  retired  list. — That  such  officers  of  the  Army  and  Navy  as  were 
detailed  for  duty  with  the  Isthmian  Canal  Commission  on  the  Isth- 
mus of  Panama  for  more  than  three  years,  and  who  shall  not  have 
been  advanced  in  rank  by  any  other  provision  of  this  bill,  shall  be 
advanced  one  grade  in  rank  upon  retirement.  Sec.  3}  id. 


MILITARY   LAWS   OF   THE   UNITED  STATES.  615 

927 d.  Same — Officers  now  on  retired  list  to  be  immediately  advanced 
one  grade. — That  any  officer  of  the  Army  or  Navy  now  on  the  retired 
list  with  similar  service  shall  be  immediately  advanced  one  grade  in 
rank  on  the  retired  list  of  the  Army  or  Navy.  Sec.  8,  id. 

927e .  Promotions  authorized  by  Sec.  2  of  act  to  temporarily  increase 
the  grades. — That  the  numbers  in  such  grades  provided  for  in  sections 
two  and  four1  of  this  act,  except  where  vacancies  occurring  in  any 
grade  by  the  provisions  of  this  act  can  be  filled  by  such  officers  in  a 
lower  grade  as  are  entitled  to  the  benefits  of  this  act,  shall  be  tem- 
porarily increased  during  the  time  such  offices  may  be  held.  Sec. 
5j  id. 

927f .  Medical  officer  promoted  to  be  head  of  Medical  Department,  not 
governed  by  law  as  to  details. — Tkat  the  officer  who  may  be  advanced 
and  appointed  major  general  in  the  Medical  Department,  United 
States  Army,  shall  thereupon  become  the  head  of  such  department, 
and  the  operation  of  so  much  of  section  twenty-six  of  the  act  of 
February  second,  nineteen  hundred  and  one,  as  limits  the  term  of 
office  of  the  head  of  the  Medical  Department,  United  States  Army, 
shall  be  suspended  during  the  incumbency  of  the  head  of  the  depart- 
ment who  may  be  appointed  under  this  act.  Sec.  5,  id. 

92 7g.  Same — Rank  of  major  general  to  cease  and  determine  when 
officer  so  promoted  is  retired. — That  whenever  the  head  of  the  Medical 
Department  appointed  under  the  provisions  of  this  act  shall  become 
separated  from  the  active  list  of  the  Army,  by  retirement  or  other- 
wise, the  extra  office  or  grade  to  which  he  shall  have  been  so  advanced 
or  appointed  shall  cease  and  determine,  and  thereafter  the  rank  of 
the  head  of  the  Medical  Department,  United  States  Army,  shall  be 
that  of  a  brigadier  general.  Sec.  5.  id. 

927h.  Promotions  authorized  not  to  retard  promotion  to  which  any 
officer  is  entitled  under  existing  law. — That  nothing  in  this  act  shaD 
operate  to  interfere  with  or  retard  the  promotion  to  which  any  officer 
would  be  entitled  under  existing  law.  Sec.  5,  id. 

9271.  Officers  promoted  to  be  junior  to  officers  who  now  rank  them 
when  such  officers  reach  same  grade. — That  the  officers  advanced  to 
higher  grades  under  this  act  shall  be  junior  to  the  officers  who  now 
rank  them  under  existing  law  when  these  officers  have  reached  the 
same  grade.  Sec.  5,  id. 

927j.  Officers  benefited  by  act  entitled  to  retirement  at  any  time  on 
application  at  seventy-jive  per  centum  of  pay  of  active  rank. — That  at 
any  tune  after  the  passage  of  this  act  any  officer  of  the  Army  or  Navy 
to  be  benefited  by  the  provisions  of  this  act  may,  on  his  own  applica- 
cation,  be  retired  by  the  President  at  seventy-five  per  centum  of 
the  pay  of  the  rank  upon  which  he  is  retired.2  Sec.  6,  id. 

1  Sec.  4  authorizes  the  President  to  promote  certain  officers  of  the  Public  Health 
Service  and  is  omitted  from  this  compilation. 

2  For  officers  covered  by  this  paragraph,  see  927b. 


636  MILITARY   LAWS   OF   THE   UNITED   STATES. 

951a.  Sales  of  Army  supplies,  etc.,  to  military  schools. — That,  under 
such  regulations  as  the  Secretary  of  War  may  prescribe,  educational 
institutions  to  which  an  officer  of  the  Army  is  detailed  as  pro- 
fessor of  military  science  and  tactics  may  purchase  from  the  War 
Department  for  cash,  for  the  use  of  their  military  students,  such 
stores,  supplies,  materiel  of  war,  and  military  publications  as  are 
furnished  to  the  Army,  such  sales  to  be  at  the  price  listed  to  the 
Army  with  the  cost  of  transportation  added.  Act  of  July  17,  1914 
(38  Stat.  512). 

95 Ib.  Same. — Receipts  to  be  credited  to  original  appropriations.— 
That  all  moneys  received  from  the  sale  of  stores,  supplies,  materiel 
of  war,  and  military  publications  to  educational  institutions  to  which 
an  officer  of  the  Army  is  detailed  as  professor  of  military  science  and 
tactics  shall  respectively  revert  to  that  appropriation  out  of  which 
they  were  originally  expended  and  shall  be  applied  to  the  purposes 
for  which  they  are  appropriated  by  law.  Id. 

954a.  Issue  of  magazine  rifles,  etc.,  for  target  practice,  to  clubs  and 
schools. — That  the  Secretary  of  War  is  hereby  authorized  to  issue, 
without  expense  to  the  United  States,  for  use  in  target  practice, 
United  States  magazine  rifles  and  appendages  therefor  not  of  the 
existing  service  model  and  not  necessary  for  the  maintenance  of  a 
proper  reserve  supply,  together  with  forty  rounds  of  ball  cartridges 
suitable  to  said  arm,  for  each  range  at  which  target  practice  is  had, 
not  to  exceed  a  total  of  one  hundred  and  twenty  rounds  per  year 
per  man  participating  in  target  practice,  to  rifle  clubs  organized 
under  the  rules  of  the  National  Board  for  the  Promotion  of  Eifle 
Practice  and  to  schools  having  a  uniformed  corps  of  cadets  and 
carrying  on  military  training,  in  sufficient  number  for  the  conduct 
of  proper  target  practice.  Act  of  Apr.  27,  1914  ($8  Stat.  370.) 

954b.  Regulations  to  be  prescribed  by  Secretary  of  War. — Issues  of 
public  property  under  this  provision  shall  be  made  in  compliance 
with  regulations  prescribed  by  the  Secretary  of  War  insuring  the 
designed  use  of  the  property  issued,  providing  against  loss  to  the 
United  States  through  lack  of  proper  care,  and  for  the  return  of  the 
property  when  required,  and  embodying  such  other  requirements  as 
he  may  consider  necessary  adequately  to  safeguard  the  interests  of 
the  United  States.  Id. 

958a.  Retired  officers  under  age  of  fifty  years,  and  not  above  grade  of 
captain. — Hereafter  the  President  be,  and  he  is  hereby,  authorized, 
by  and  with  the  advice  and  consent  of  the  Senate,  to  transfer  to  the 
active  list  of  the  Army  any  officer  under  fifty  years  of  age  and  with 
rank  not  above  that  of  captain  who  may  have  been  transferred  hereto- 
fore or  who  may  be  transferred  hereafter  for  physical  disability  from 
the  active  to  the  retired  list  of  the  Army  by  the  action  of  any  retiring 
board.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 


MILITARY   LAWS   OF   THE   UNITED   STATES.  637 

958b.  Same. — Place  to  which  transferred  on  active  list. — That  such 
officer  shall  be  transferred  to  the  place  on  the  active  list  which  he 
would  have  had  if  he  had  not  been  retired,  and  shall  be  carried  as  an 
additional  number  in  the  grade  to  which  he  may  be  transferred  or  at 
any  time  thereafter  promoted.  Id. 

958c.  Same. — Promotion  after  examination. — That  such  officer  shall 
stand  a  satisfactory  medical  and  professional  examination  for  pro- 
motion as  now  provided  for  by  law.  Id. 

958d.  Officers  retired  for  physical  disability,  transfer  to  active  list. — 
That  the  President  be,  and  he  is  hereby,  authorized  within  two  years J 
of  the  approval  of  this  act,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  transfer  to  the  active  list  01  the  Army  any  officer  who 
may  have  been  transferred  heretofore  for  physical  disability  from 
the  active  to  the  retired  list  of  the  Army  by  the  action  of  any  retiring 
board.  Id. 

958e.  Same. — Officers  lieretofore  transferred  entitled  to  benefits  of 
act. — That  any  officer  who  may  have  already  been  transferred  from 
the  retired  list  to  the  active  list,  shah1  receive  the  benefits  of  this  act. 
Id. 

969a.  Retired  Army  officers  with  certain  Civil  War  service,  may  "be 
appointed  and  retired  with  increased  rank. — That  the  President  be, 
and  he  is  hereby,  authorized  to  appoint,  by  and  with  the  advice  and 
consent  of  the  Senate,  any  brigadier  general  of  the  Army  on  the 
retired  list  who  has  held  the  rank  and  command  of  major  general  of 
Volunteers  and  performed  the  duties  incident  to  that  grade  in  time 
of  actual  warfare,  and  has  been  honorable  discharged,  and  who  served 
with  credit  in  the  Regular  or  Volunteer  forces  during  the  Civil  War 
prior  to  April  ninth,  eighteen  hundred  and  sixty-five,  to  the  grade 
of  major  general  in  the  United  States  Army  and  place  him  on  the 
retired  list  with  the  pay  of  brigadier  general  on  the  retired  list;  and 
any  officer  now  on  the  retired  list  of  the  Army  who  served  with  credit 
for  more  than  two  years  as  a  commissioned  officer  of  Volunteers 
during  the  Civil  War  prior  to  April  ninth,  eighteen  hundred  and 
sixty-five,  and  who  subsequently  served  with  credit  for  more  than 
forty  years  as  a  commissioned  officer  of  the  Regular  Army,  including 
service  in  command  of  troops  in  five  Indian  campaigns,  the  War 
with  Spain,  and  the  Philippine  insurrection,  and  to  whom  the  Con- 
gressional medal  of  honor  for  most  distinguished  conduct  in  action 
has  been  twice  awarded,  and  who  has  also  been  brevetted  for  con- 
spicuous gallantry  in  action,  and  place  him  on  the  retired  list  of  the 
Army  with  the  rank  and  retired  pay  of  one  grade  above  that  actually 
held  by  him  at  the  time  of  his  retirement  from  active  service  in  the 
Regular  Army.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

1  See  958b  as  to  place  to  be  occupied  on  active  list  and  958c  as  to  examination 
prior  to  promotion. 


638  MILITAEY   LAWS   OF    THE   UNITED   STATES. 

1083 a.  Subscriptions  for  newspapers  and  periodicals  under  Chief 
of  Coast  Artillery. — That  section  thirty-six  hundred  and  forty-eight, 
Revised  Statutes,  shall  not  apply  to  subscriptions  for  foreign  and 
professional  newspapers  and  periodicals  to  be  paid  for  from  this 
appropriation.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  —). 

1158a.  Supplies,  technical  and  scientific,  for  departments  of  instruc- 
tion, purchase  of,  by  contract  or  otherwise  in  discretion  of  Secretary  of 
War. — That  all  technical  and  scientific  supplies  for  the  departments 
of  instruction  of  the  Military  Academy  shall  be  purchased  by  con- 
tract or  otherwise,  as  the  Secretary  of  War  may  deem  best.  Act  of 
Mar.  4,  1915  (Pub.  No.  295,  38  Stat.  —). 

1178a.  Military  Academy,  subscriptions  for  newspapers  and  peri- 
odicals for. — That  section  thirty-six  hundred  and  forty-eight,  Revised 
Statutes,  shall  not  apply  to  subscriptions  for  foreign,  professional, 
and  other  newspapers  and  periodicals,  to  be  paid  for  from  any  of  the 
foregoing  appropriations.  Act  of  Mar.  4,  1915  (Pub.  No.  296,  38 
Stat.  — -). 

121  la.  Contracts  entered  into  by  Quartermaster  Corps,  certain  to  be 
reduced  to  writing,  etc. — Hereafter  whenever  contracts  which  are  not 
to  be  performed  within  sixty  days  are  made  on  behalf  of  the  Govern- 
ment by  the  Quartermaster  General,  or  by  officers  of  the  Quarter- 
master Corps  authorized  to  make  them,  and  are  in  excess  of  $500  in 
amount,  such  contracts  shall  be  reduced  to  writing  and  signed  by  the 
contracting  parties.  In  all  other  cases  contracts  shall  be  entered 
into  under  such  regulations  as  may  be  prescribed  by  the  Quarter- 
master General.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 

1364a.  Field  Artillery,  Organized  Militia,  horses  for,  care  of  same, 
etc. — That  for  the  purpose  of  this  section  the  total  number  of  horses 
shall  not  exceed  thirty-two  to  any  one  battery  or  four  to  each  bat- 
talion or  regimental  headquarters,  and  that  such  horses  shall  be  used 
exclusively  for  Field  Artillery  purposes:  And  provided  further,  That 
the  men  to  be  so  compensated,  not  to  exceed  five  for  each  battery, 
shall  be  duly  enlisted  therein  and  shall  be  detailed  by  the  battery 
commander  under  such  regulations  as  the  Secretary  of  War  may  pre- 
scribe, and  shall  be  paid  by  the  United  States  disbursing  officer  in 
each  State  provided  for  in  the  act  of  January  twenty-first,  nineteen 
hundred  and  three,  entitled,  "An  act  to  promote  the  efficiency  of  the 
militia,  and  for  other  purposes,"  as  amended.  Act  of  Mar.  4,  1915 
(Pub.  No.  292,  38  Stat.  — ). 

1364b.  Same — Horses  to  conform  to  standards  for  Regular  Army  and 
remain  property  of  United  States,  etc. — That  the  funds  appropriated 
by  section  sixteen  hundred  and  sixty-one,  Revised  Statutes,  and  by 
the  act  entitled  "An  act  to  promote  the  efficiency  of  the  militia,  and 
for  other  purposes,"  approved  May  twenty-seventh,  nineteen  hundred 


MILITARY   LAWS   OF   THE   UNITED   STATES.  639 

and  eight,  as  amended,  shall  be  available  for  the  purchase,  under  such 
regulations  as  the  Secretary  of  War  may  prescribe,  of  horses  conform- 
ing to  the  Regular  Army  standards,  said  horses  to  remain  the  property 
of  the  United  States  and  to  be  for  the  sole  continuous  use  of  the 
Field  Artillery  of  the  Organized  Militia.  Act  of  Mar.  4,  1915  (Pub. 
No.  292,  38  Stat.  — ). 

1364c.  Same — Secretary  of  War  may  issue  condemned  Army 
Jiorses  to. — That  the  Secretary  of  War  may,  under  the  provisions  of 
this  act  and  such  regulations  as  he  may  prescribe,  issue  to  the  Field 
Artillery  organizations  hereinbefore  mentioned  and  without  cost  to 
the  State  condemned  Army  horses  which  are  no  longer  fit  for  service 
but  may  still  be  suitable  for  purposes  of  instruction,  the  same  to  be 
sold  as  now  provided  by  law  ..when  the  latter  purpose  has  been 
served.  Id. 

1469a.  Neutrality,  withholding  clearance  from  vessels  violating, 
during  existence  of  war  to  which  United  States  is  not  a  party. — That, 
from  and  after  the  passage  of  this  resolution,  and  during  the  existence 
of  a  war  to  which  the  United  States  is  not  a  party,  and  in  order  to 
prevent  the  neutrality  of  the  United  States  from  being  violated  by 
the  use  of  its  territory,  its  ports,  or  its  territorial  waters  as  the  base  of 
operations  for  the  armed  forces  of  a  belligerent,  contrary  to  the  obliga- 
tions imposed  by  the  law  of  nations,  the  treaties  to  which  the  United 
States  is  a  party,  or  contrary  to  the  statutes  of  the  United  States,  the 
President  be,  and  he  is  hereby,  authorized  and  empowered  to  direct 
the  collectors  of  customs  under  the  jurisdiction  of  the  United  States 
to  withhold  clearance  from  any  vessel,  American  or  foreign,  which  he 
has  reasonable  cause  to  believe  to  be  about  to  carry  fuel,  arms,  ammu- 
nition, men,  or  supplies  to  any  warship,  or  tender,  or  supply  ship  of  a 
belligerent  nation,  in  violation  of  the  obligations  of  the  United  States 
as  a  neutral  nation.  Act  of  Mar.  4,  1915  (Pub.  Res.  No.  72,  38 
Stat.  — ). 

1469b.  Same. — Penalty  for  vessels  departing  jurisdiction  of  United 
States  without  clearance. — In  case  any  such  vessel  shall  depart  or 
attempt  to  depart  from  the  jurisdiction  of  the  United  States  without 
clearance  for  any  of  the  purposes  above  set  forth,  the  owner  or  mas- 
ter or  person  or  persons  having  charge  or  command  of  such  vessel 
shall  severally  be  liable  to  a  fine  of  not  less  than  $2,000  nor  more  than 
$10,000,  or  to  imprisonment  not  to  exceed  two  years,  or  both,  and,  in 
addition,  such  vessel  shah1  be  forfeited  to  the  United  States.  Id. 

1472a.  Same. — President  authorized  to  use  land  or  naval  forces  to 
prevent  violation. — That  the  President  of  the  United  States  be,  and 
he  is  hereby,  authorized  and  empowered  to  employ  such  part  of  the 
land  or  naval  forces  of  the  United  States  as  shall  be  necessary  to 
carry  out  the  purposes  of  this  resolution.  Id. 


640  MILITARY   LAWS   OF   THE   UNITED   STATES. 

1472b.  Same. — Extends  to  all  land  and  water,  continental  or  insular 
within  jurisdiction  of  United  States. — That  the  provisions  of  this  reso- 
lution shall  be  deemed  to  extend  to  all  land  and  water,  continental 
or  insular,  within  the  jurisdiction  of  the  United  States.  Id. 

1475a.  Employment  of  armed  force  in  Mexico  ~by  President  justi- 
fied.— That  the  President  is  justified  in  the  employment  of  the  armed 
forces  of  the  United  States  to  enforce  his  demand  for  unequivocal 
amends  for  certain  affronts  and  indignities  committed  against  the 
United  States.  Joint  Res.  No.  10,  Apr.  22,  1914  (38  Stat.  770). 

1475b.  Same. — Hostility  to  Mexican  people  disclaimed. — That  the 
United  States  disclaims  any  hostility  to  the  Mexican  people  or  any 
purpose  to  make  war  upon  Mexico.  Id. 

1507a.  Pay  and  allowances  of  soldiers  sentenced  to  dishonorable 
discharge  during  execution  of  suspended  sentence. — Hereafter  pay 
and  allowances  shall  not  accrue  to  a  soldier  under  sentence  of  dis- 
honorable discharge,  during  such  period  as  the  execution  of  the 
sentence  of  discharge  may  be  suspended  under  authority  of  the  act 
of  Congress  approved  April  twenty-seventh,  nineteen  hundred  and 
fourteen,  and  pay  which  has  heretofore  been  forfeited  under  such 
suspended  sentence  shall  not  be  held  to  have  accrued  to  the  Soldiers' 
Home  under  the  operation  of  section  forty-eight  hundred  and  eighteen, 
Revised  Statutes,  but  shall  be  covered  back  into  the  Treasury  of  the 
United  States.  Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 


TABLE  OF  STATUTES  AT  LARGE  AND  OF  THE  REVISED  STATUTES 
CITED  HEREIN,  WITH  THE  PARAGRAPHS  NOTED  IN  WHICH  THE 
CITATIONS  OCCUR, 

STATUTES  AT  LARGE. 


Par. 

1863,  Mar.  3,  sec.  6  (12  Stat.,  751) 1013 

1866,  June  27,  sec.  1  (14  Stat.,  74) 307 

1874,  Feb.  4  (18  Stat.,  14) 127 

1874,  Mar.  4  (18  Stat,  19) 145 

1874,  Mar.  5,  sec.  15  (18  Stat.,  19-20)  amending 

sees.  391  and  392,  Revised  Statutes 249, 25£ 

1874,  Mar.  7  (18  Stat.,  20) 128 

1874,  Apr.  20: 

(ISStat,  33) 412,461 

Sec.  2  (18  Stat,  33) 413,462 

1874,  May  21  (18  Stat.,  48) 475 

1874,  June  6  (18  Stat,  60) 472,1116 

1874,  June  20: 

(ISStat,  101) 161 

(18  Stat.,  96, 109,  111)  amending  sec.  3609, 

Revised  Statutes 86 

Sec.  2  (18  Stat,  113), 308,310 

Sec.  3  (18  Stat,  113) 311 

Sec.  5  (18  Stat,  110).. :. 192 

1874,  June  22  (18  Stat,  144) 118 

1874,  June  23,  sec.  5  (18  Stat.,  245) 810 

1874,  Dec.  28  (18  Stat,  293) 312 

1875,  Mar.  1  (18  Stat,  337) 324 

1875,  Mar.  3: 

(18  Stat.,  360-361)  amending  sec.  169,  Re- 
vised Statutes 25 

(18  Stat.,  355,  370),  amending  sec.  3669, 

Revised  Statutes 86 

(18  Stat.,  370),  amen. ling  sec.  3900,  Re- 
vised Statutes 93 

(18  Stat,  481) 239 

(18  Stat,  410) C07 

(18  Stat,  388) 838 

(ISStat, 455) • 865 

(18  Stat,  467) 1128 

(ISStat,  395) 1193 

Sec.  2  (18  Stat,  455) 1234 

Sec.  2  (18  Stat.  512) 985 

Sec.  4  (18  Stat.,  399) 866 

1876,  Mar.  23  (19  Stat.,  8),  as  amended  by  act 

of  Mar.  3,  1891  (2G  Stat.,  1103) 782 

1876,  June  30,  sec.  5  (19  Stat,  64) 414 

1876,  July  24  (19  Stat,  99) 1302 

1876,  July  29  (19  Stat,  102) 662 

1876,  July  31  (19  Stat,  105) 1203 

1876,  Aug.  7  (19  Stat,  126) 1136 

1876,  Aug.  12  (19  Stat.,  131)  amending  sec. 

1276,  Revised  Statutes 696 

1876,  Aug.  15: 

(19Stat,  169) 41 

(19  Stat.,  169),  amending  sec.   163,  Re- 
vised Statutes 43 

48985°— 15 41 


1876,  Aug.  15— Continued.  Par. 
(19  Stat.j  200),  amending  sec.  3669,  Re- 
vised Statutes 86 

Sec.  1  (19  Stat,  203) 782 

Sec.  5  (19  Stat,  169).... 27 

1877,  Feb.  25  (19  Stat,  242),  amending  sec. 
1132,  Revised  Statutes 146 

1877,  Feb.  27: 

(19  Stat.,  249),  amending  sec.  3663,  Re- 
vised Statutes 97 

(19  Stat.,  249),  amending  sec.  3672,  Re- 
vised Statutes.. 100 

(19  Stat,  241),  amending  sec.  197,  Re- 
vised Statutes 109 

(19  Stat.,  241),  amending  sec.  215,  Revised 

Statutes 144 

(19  Stat.  242),  amending  sec.   1139,  Re- 
vised Statutes 1259i 

(19  Stat.,  249),  amending  sec.  3622,  Re- 
vised Statutes 415 

(19  Stat.,  242),  amending  sec.  1167,  Re- 
vised Statutes 835 

(19  Stat.,  243),  amending  sec.  1224,  Re- 
vised Statutes 996 

1877,  Feb.  28  (19  Stat.,  264) 1487 

1877,  Mar.  2,  sec.  4  (19  Stat.,  269)  as  amended 

by  act  of  Mar.  9, 1878  (20  Stat.,  27) .- . .  318 

1877,  Mar.  3: 

(19  Stat,  306) 80 

Sec.  5  (19  Stat,  335) 252 

Sec.  6  (19  Stat,  336) 254 

(19  Stat,  370) 119 

1878, Mar.  9  (20  Stat.,  27),  amending  sec.  4, 

act  of  Mar.  2, 1877  (19  Stat.,  269) 318 

1878,  Apr.  10  (20  Stat,  36) 1206 

1878,  June  18: 

Sec.  2  (20  Stat,  149) 326 

Sec.  7  (20  Stat,  150) 655 

Sec.  8  (20  Stat,  150) 554 

Sec.  15  (20  Stat,  152) .' 1480 

1878,  June  30  (20  Stat,  216) 1202 

1879,  Feb.  3  (20  Stat,  281) 1306,1307 

1879,  Mar.  3: 

(20  Stat,  389, 412) 487,847 

Sec.  9  (20  Stat,  358) 251 

1879,  June  23(21  Stat.  31) 670 

1879,  June  23,  sec.  8  (21  Stat.,  35) 364 

1880,  May  4  (21  Stat,  113) 949 

1880,  May  11,  sec.  4  (21  Stat.,  132) 1413 

1880,  June  1(21  Stat,  153) 1116 

1881,  Jan.  21  (21  Stat,  317) 1204 

1881,  Jan.  31: 

Sec.  2  (21  Stat.,  604) 1011 

Sec.  3  (21  Stat.,  604) 1012 

641 


642 


TABLE   OF   STATUTES   CITED. 


Par. 

1881,  Feb.  24  (23  Stat.  346) 656 

1881,  Feb.  24  (23  Stat.,  347) 557 

1881,  Mar.  3  (21  Stat.,  468) 837 

1882,  June  30: 

(22  Stat.,  118),  amending  sec.  1190,  Re- 
vised Statutes 629 

(22  Stat.,  122,118,118) 869,964,998 

Sec.  3  (22  Stat.,  122) 723 

1882,  Aug.  5: 

(22  Stat.,  241) 120 

Sec.  4  (22  Stat.,  255) 28,29 

1882,  Aug.  7  (22  Stat.,  345) 1496 

1883,  Jan.  16,  sec.  7  (22  Stat.,  406) 166 

1883,  Mar.  3: 

(22  Stat.,  552,  553,  456,  625,  616,  457,  457, 

488,627,453) 99, 

154,675,863,898,965, 
1004,  1207,  1300,  1488 

Sec.  1  (22  Stat.,  564) 1504 

Sec.  2  (22  Stat.,  563) 126 

Sec.3  (22  Stat.,  564) 1512 

Sec.  4  (22  Stat.,  564) 1520 

Sec.  5(22  Stat.  565) 1522 

Sec.  6  (22  Stat.,  565) 1518 

Sec.  7  (22  Stat.,  565) 1506 

Sec.8  (22  Stat., 565) 1510 

Sec.  9  (22  Stat.,  564) 1513 

Sec.  10  (22  Stat.,  565),  amending  sec.  4815, 
Revised  Statutes 1502 

1884,  May  1  (23  Stat.,  17) 1195 

1884,  May  13,  sec.  2  (23  Stat.,  22) 59 

1884,  July  4  (23  Stat.,  94) 1408 

1884,  July  5: 

(23  Stat.,  113,  111,  108,  111,  112, 159, 110) . .     410, 
532, 603, 730, 742, 841, 1235 
(23  Stat.,  109),  as  amended  by  acts  of 
July  8,  1898  (30  Stat.,  728),  and  Feb.  2, 

1901  (31  Stat.,  751) 514 

(23  Stat.,  109),  as  amended  by  act  of 

Mar.  2,  1901  (31  Stat.,  907) 538 

(23  Stat.,  110),  as  amended  by  act  of 

Mar.  2, 1885  (23  Stat.,  359) 563 

(23  Stat.,  110),  amending  sec.  1287,  Re- 
vised Statutes, 562 

Sec.  1  (23  Stat.,  159, 103) 852,1281 

Sec.  2  (23  Stat.,  113, 159) 467,851 

Sec. 3  (23  Stat.,  158) 255,256 

Sec.  6  (23  Stat.,  104) 1284 

1884,  July  7,  sec.  2  (23  Stat.,  254) 92, 216 

1885,  Feb.  25,  sec.  5  (23  Stat.,  322) 1318 

1885,  Mar.  2  (23  Stat.,  359),  amending  act  of 

July  5,  1884  (23  Stat.,  110) 563 

1885,  Mar.  3: 

(23  Stat.,  350, 502) 217,868 

(23  Stat.,  359),  amending  sec.  1287,  Re- 
vised Statutes 562 

1886,  Jan.  19.  sec.  1  (24  Stat.,  1) 5 

1886,  Jan.  19,  sec.  2  (24  Stat.,  1) 6 

1886,  May  17  (24  Stat.,  50),  amending  sec. 

1213,  Revised  Statutes 1154 

1886,  May  20,  sees,  land  2  (24  Stat.,  69) 1161 

1886,  Dec.  20  (24  Stat.,  351) 1156 

1887,  Jan.  29  (24  Stat.,  372) 1186 

1887,  Mar.  1: 

(24  Stat. ,  435) 756 

Sec.  2  (24  Stat.,  435),  as  amended  by  act  of 
Mar.  16, 1896  (29  Stat.,  61) 758 


1887,  Mar.  1— Continued.  Par. 

Sec.  3  (24  Stat.,  435) 764 

Sec.  4  (24  Stat.,  435) 760 

Sec.  5  (24  Stat.,  435) 766,1037 

Sec.  7  (24  Stat.,  435) 767 

1888,  May  1  (25  Stat.,  112) 1178 

1888,  Aug.  1: 

Sec.  1  (25  Stat.,  357) 1276 

Sec.  2  (25  Stat.,  357) 1277 

1888,  Aug.  8: 

(25Stat.,  387) 397 

Sec.  2  (25  Stat.,  387) 398 

1888,  Sept.  22  (25  Stat.,  486,  489) 537,870 

1888,  Sept.  26  (25  Stat.,  491) 943 

1888,  Sept.  26  (25  Stat.  492) 951 

1888,  Oct.  12  (25  Stat.,  552) 894,901 

1889,  Feb.  8  (25  Stat.,  657) 160 

1889,  Feb.  16  (25  Stat.,  672) 132 

1889,  Mar.  1: 

Sec.  6  (25  Stat.,  773) 1371 

Sec.  7  (25  Stat.,  773) 1372 

Sec.  9  (25  Stat.,  773) 1373 

1889,  Mar.  2: 

(25  Stat.,  831) 578 

Sec.  1  (25  Stat.,  869),  as  amended  by  act 

of  May  9,  1892  (27  Stat.,  27) 443 

Sec.  2  (25  Stat.,  869),  as  amended  by  act 

of  Mar.  2,  1891  (26  Stat.,  824) 444 

Sec.  3  (25  Stat.,  870),  as  amended  by  act 

of  May  9,  1892  (27  Stat.,  27) 445 

Sec.  4  (25  Stat.,  870) 446 

Sec.  5  (25  Stat.,  870) 447,448 

Sec.  6  (25  Stat.,  870) 449 

Sec.  7  (25  Stat.,  870) 450 

Sec.  8  (25  Stat.,  870) 451,452 

Sec.  9  (25  Stat.,  871) 453 

1890,  Feb.  27: 

Sec.  1  (26  Stat.,  13) 1000 

Sec.  2  (26  Stat.,  13) 1002 

Sec.  3  (26  Stat.,  14) 1003 

1890,  Mar.  4  (26  Stat.,  16) 1490 

1890,  Mar.  5  (26  Stat.,  17) 142 

1890,  Apr.  9: 

Sec.  1  (26  Stat.,  50) : 319 

Sec.  3  (26  Stat.,  50) 320 

1890,  June  13  (26  Stat.,  152) 1237 

1890,  June  16: 

Sec.  3  (26  Stat.,  158) 1056 

Sec.  4  (26  Stat.,  158) 1043 

1890,  June  20  (26  Stat.,  167) 116S 

1890,  July  11,  sec.  2  (26  Stat.,  268) 103 

1890,  Aug.  18  (26  Stat.,  316) 802,804 

1890,  Aug.  29  (26  Stat.,  371) 57,58 

1890,  Aug.  30  (26  Stat.,  411) 107 

1890,  Sept.  19,  sec.  2  (26  Stat.,  452) 1210 

1890,  Sept.  27  (26  Stat.,  491) p. 614 

1890,  Sept.  30  (26  Stat.,  504) 713,1039 

1890,  Oct.  1- 

Sec.  7  (26  Stat.,  654),  amending  sec.  1207, 

Revised  Statutes 386 

Sec.  1  (26  Stat.,  562) 927 

Sec.  2  (26  Stat.,  653, 562) 893,  896, 926, 935 

Sec.  3  (26  Stat.,  562) 930,931 

Sec.  7  (26  Stat.,  653) 884 

Sec.  9  (26  Stat.,  646),  amending  sec.  237, 
Revised  Statutes 195 

1891,  Jan.  16  (26  Stat.,  718) 1511 


TABLE   OF   STATUTES   CITED. 


643 


1891,  Jan.  19:  Par. 

Sec.  4  (26  Stat,  721) 1240 

(26  Stat.,  722),  amending  sec.  1346,  Re- 
vised Statutes 478 

(26  Stat.,  722),  amending  sec.  1348,  Re- 
vised Statutes 479 

1891,  Feb.  6  (26  Stat.,  733),  amending  sec.  180, 

Revised  Statutes 16 

1891,  Feb.  9,  sec.  2  (26  Stat.,  737) 719 

1891,  Feb.  16: 

(26  Stat.,  763),  amending  sec.  1258,  Re- 
vised Statutes 966 

(26  Stat.,  763) 967 

1891,  Feb.  24  (26  Stat.,  773,769, 769,769) 460, 

827,873,1239 

1891,  Feb.  28  (26  Stat.,  797) 1523 

1891,  Mar.  2  (26  Stat.,  824),  amending  sec.  2, 

act  of  Mar.  2,  1889  (25  Stat.,  869) 444 

1891,  Mar.  3: 

(26  Stat.,  1103),  amending  act  of  Mar.  23, 

1876  (19  Stat.,  8) 782 

(26  Stat.,  1082) 1493 

1892,  Mar.  29  (27  Stat.,  12),  amending  sec.  1216, 
Revised  Statutes 1018 

1892,  May  91 

(27  Stat,  27) 432,438 

(27  Stat.,  27),  amending  sec.  1,  act  of  Mar. 

2,  1889  (25  Stat.,  869) 443 

(27  Stat.,  27),  amending  sec.  3,  act  of  Mar. 

2,  1889  (25  Stat.,  870) 445 

1892,  May  10,  sec.  4  (27  Stat.,  28) 534 

1892,  July  13  (27  Stat.,  120) 765,940 

1892,  July  14  (27  Stat.,  149) 1491 

1892,  July  16: 

(27  Stat.,  178),  amending  sec.  1308,  Re- 
vised Statutes 575 

(27  Stat.,  178,  178,  177, 178, 193) 518, 

597, 694, 1294, 1509 

1892,  July  23: 

(27  Stat.,  260) 877 

(27  Stat.  260),  amending  sec.  2139,  Re- 
vised Statutes 1403 

Sec.  6  (27  Stat.,  263) 1180 

1892,  July  27: 

Sec.  1  (27  Stat.,  276) 932 

Sec.  3(27  Stat.  277) 741 

Sec.  3  (27  Stat.,  278) 1033 

Sec.  4  (27  Stat,  278) 473 

1892,  July  27  (27  Stat,  321) 1279 

1892,  July  30: 

(27  Stat,  336) 920 

Sec.  2  (27  Stat.  336) 921 

Sec.  3  (27  Stat,  336) 922,923 

Sec.  4  (27  Stat,  336) 924 

1892,  Aug.  1: 

Sec.  1  (27  Stat,  340) 1219 

Sec.  2  (27  Stat,  340) 1220 

Sec.  3  (27  Stat,  340) 1221 

1893,  Feb.  18  (27  Stat,  461) 874 

1893,  Feb.  27: 

(27 Stat,  484,  484,480,479,480,480,484,484)  546, 

550, 552, 627, 672, 673, 762, 1291 

Sees.  3  and  4  (27  Stat,  478) 322 

1893,  Mar.  1  (27  Stat,  515,  520) 1117,1178 

1893,  Mar.  3: 

(27  Stat,  653) 463 

Sec.  3  (27  Stat,  715) 122 

Sec.  4  (27  Stat,  715) 123 


Par. 

1893,  Nov.  3  (28  Stat,  7) 944 

1894,  Mar.  29: 

(28  Stat.,  47),  amending  sec.  1221,  Revised 

Statutes 573 

Sec.  1  (28  Stat,  47) 1256 

Sec.  2  (28  Stat,  47) 1257 

Sec.  3  (28  Stat,  47) 1258 

Sees.  4  and  5  (28  Stat,  47) 1259 

1894,  June  28  (28  Stat,  96) 56 

1894,  July  26  (28  Stat.  124,151) 1065,1130 

1894,  July  31: 

(28  Stat.,  209),  amending  sec.  3622,  Re- 
vised Statutes  415 

(28  Stat.,  210),  amending  sec.  3743,  Re- 
vised Statutes 1216 

Sec.  2  (28  Stat,  205) 169,990 

Sec.  4  (28  Stat.,  205),  amending  sec.  3624, 

Revised  Statutes 203 

Sec.  5  (28  Stat,  206) 200 

Sec.  6  (28  Stat,  206) 201 

Sec.  7  (28  Stat.,  206),  amending  sec.  278, 

Revised  Statutes 205,213 

Sec.  8  (28  Stat.,  206) 202, 208, 209, 210 

Sec.  11  (28  Stat.,  209),  amending  sec.  305, 

Revised  Statutes 179,237 

Sec.  12  (28  Stat.,  209),  as  amended  by  act 

of  Mar.  2, 1901  (31  Stat.,  910) 196 

Sec.  17  (28  Stat.,  210),  as  amended  by  sec. 
10,  act  of  Mar.  2, 1895  (28  Stat.,  809). ...      246 
Amending  sec.  886,  Revised  Statutes . .      247 

Sec.  22  (28  Stat,  210) 197 

Sec.  23  (28  Stat,  211) 211 

1894,  Aug.  1: 

(28  Stat,  215) 876 

Sec.  2  (28  Stat.,  216),  as  amended  by  sec. 

4,  act  of  Mar.  2, 1899  (30  Stat.,  978).  1029, 1030 
1894, Aug.6  (28  Stat.  ,237, 237,236,235) .  677, 688, 727, 950 
1894,  Aug.  13: 

(28  Stat.,  278),  as  amended  by  act  of  Feb. 

24,  1905  (33  Stat,  812) 1217 

(28  Stat,  279) 389 

Sec.  2  (28  Stat,  279) 390 

1894,  Aug.  18  (28  Stat.,  403,  406, 412)..  440, 1852,463* 

1895,  Jan.  12: 

Sec.  73  (28  Stat.,  618,  615) Ill,  321 

Sec.  98  (28  Stat,  624) 125,1173 

1895,  Feb.  12  (28  Stat,  658) 589 

1895,  Mar.  2: 

(28  Stat,  933,  814) 133,454 

Sec.  5  (28  Stat.,  807,  808) 394, 395, 396 

Sec.  6  (28  Stat.,  808),  amending  sec.  3711, 

Revised  Statutes 1242 

Sec.  7  (28  Stat,  808) 102 

Sec.  10  (28  Stat.,  809),  amending  sec.  17, 

act  of  July  31,  1894  (28  Stat.,  210) 246 

Sec.  10  (28  Stat.,  809),  amending  sec.  886, 

Revised  Statutes 247 

1896,  Feb.  18  (29  Stat,  8) 1133 

1896,  Mar.  6  (29  Stat,  49) 1177 

1896,  Mar.  16: 

(29  Stat.,  60,  62) 707,715 

(29  Stat.,  61),  amending  sec.  2,  act  of  Mar. 
1, 1887  (24  Stat,  435) 758 

1896,  Mar.  28  (29  Stat.,  75) 925 

1896,  May  15: 

(29  Stat,  120) 1296 

Sec.  2  (29  Stat,  121) 1297,1298 


644 


TABLE   OF   STATUTES   CITED. 


Par. 

1896,  May  22  (29  Stat.,  133) 849 

1896,  May  28: 

(29  Stat.,  148) 411 

Sec.  3  (29  Stat.,  179),  amending  sec.  166, 

Revised  Statutes 34 

See.  4  (29  Stat.,  179) 199 

1896,  June  3,  sec.  7  (29  Stat.,  235) 799 

1896,  June  8  (29  Stat.,  268) 406 

1897,  Jan.  26  (29  Stat.,  497) 458 

1897,  Jan.  30  (29  Stat.,  506) 1404 

1897,  Feb.  4  (29  Stat.,  511) 1008 

1897,  Feb.  19  (29  Stat.,  550) 124 

1897,  Feb.  24: 

Sec.  1  (29  Stat.,  593) 455 

Sec.  2  (29  Stat.,  593) 456 

Sec.  3  (29  Stat.,  593) 457 

1897,  June  4  (30  Stat.,  48) 98 

1897,  June  7  (30  Stat.,  86) 84 

1898,  Mar.  15: 

Sec.  3  (30  Stat.,  316) 78 

Sec.  5  (30  Stat.,  316) 212 

Sec.  6  (30  Stat.,  316),  amending  sec.  3711, 

Revised  Statutes 1242 

Sec.  7  (30  Stat.,  316,  317) 48, 49, 50, 108 

(30  Stat.,  323,326) 539,828 

1898,  Apr.  22: 

Sec.  1  (30  Stat.,  361) 327 

Sec.  2  (30  Stat.,  361) 328 

Sec.  3  (30  Stat.  361) 330 

Sec.  8  (30  Stat.,  362) 439 

Sec.  9  (30  Stat.,  362) 357 

Sec.  10  (30  Stat.,  362) 358, 359, 360 

Sec.  12  (30  Stat.,  363) 636 

1898,  Apr.  26: 

Sec.  2  (30  Stat.,  364) 928 

Sec.  3  (30  Stat.,  365) 892 

Sec.  6  (30  Stat.,  365) 567,705,1054 

Sec.  7  (30  Stat.,  365)... 639 

1898,  May  28,  sec.  1  (30  Stat.,  421) 361 

1898,  June  6  (30  Stat.,  432),  amending  sec.  1757, 
Revised  Statutes 60 

1898,  June  16  (30  Stat.,  473) 1272 

1898,  June  18: 

Sec.  2  (30  Stat.,  484) 1057 

Sec.  3  (30  Stat.,  484) p.  614 

Sec.  4  (30  Stat.,  484) p.  614 

Sec.  5  (30  Stat.,  484) p.  614 

Sec.  6  (30  Stat.,  484) p.  614 

1898,  July  1  (30  Stat.,  644, 573) 989, 1397 

1898,  July  7  (30  Stat.,  653,  721,  720) 51, 650, 816 

1898,  July  8: 

(30  Stat.,  722)....... 1181 

(30  Stat.,  728),  amending  act  of  July  5, 
1884  (23  Stat.,  109) 514 

1899,  Feb.  24: 

(30  Stat.,  864) 121 

Sec.  4  (30  Stat.,  890) 52 

1899,  Mar.  2: 

Sec.  2(30  Stat.,  977) 1076 

Sec.  4  (30  Stat.,  978) 1099 

Sec.  4  (30  Stat.,  978),  amending  sec.  2,  act 

of  Aug.  1, 1894  (28  Stat.,  216) 1029 

Sec.  7  (30  Stat.,  979) 906,961 

(30  Stat.,  977),  as  amended  by  act  of  Feb. 

2, 1901  (31  Stat.,  748) 612 

Sec.  16  (30  Stat.,  981) 711 


Par. 

1899,  Mar.  3  (30  Stat.,  1073, 1380) 860,1499 

1900,  Feb.  9  (31  Stat.,  7),  amending  sec.  4843, 
Revised  Statutes 1525 

1900,  Apr.  30,  sec.  67  (31  Stat.,  153) 1478 

1900,  May  25  (31  Stat.,  186) 875 

1900,  May  26  (31  Stat.,  211,  211,  206,209,209)...  568, 
640,897,1040,1182 

1900,  June  6: 

(31  Stat.,  658,  637,  624,  671,  618,  671) ...  182,219, 
549,959,1301,1374 
Sec.  4  (31  Stat.,  656),  amending  sec.  1315, 

Revised  Statutes 1139 

Sec.  29  (31  Stat.,  330).... 1477 

1901,  Feb.  1  (31  Stat.,  746) 857 

1901,  Feb.  2: 

(31  Stat.,  748),  amending  act  of  Mar.  2, 

1899  (30  Stat.,  977) 512 

(31  Stat.,  751),  amending  act  of  July  5, 

1884  (23  Stat.,  109) 514 

Sec.  1  (31  Stat.,  748) 331 

Sec.  2  (31  Stat.,  748),  as  amended  by  act 

Mar.  3, 1909  (35  Stat.,  735) 1074 

Sec.  2  (31  Stat.,  748) 1075,1077 

Sec.  3  (31  Stat.,  748) 1081 

Sec.  4  (31  Stat.,  749) 1082 

Sec.  10(31  Stat.,  750) 1095,1097,1098,1100 

Sec.  11  (31  Stat.,  750).. 790,792,793,795,796 

Sec.  11  (31  Stat.,  750),  amending  sec.  1156, 

Revised  Statutes 794 

Sec.  12  (31  Stat.,  750) 902,912,913 

Sec.  13  (31  Stat.,  751) 431 

Sec.  14  (31  Stat.,  751) 459 

Sec.  15  (31  Stat.,  751) 465,468,469 

Sec.  16  (31  Stat.,  751) 507 

Sec.  17  (31  Stat.,  752),  amending  sec.  1140, 

Revised  Statutes 580 

Sec.  18  (31  Stat.,  752, 753) . .  738, 753 , 754, 759, 761 

Sec.  19  (31  Stat.,  753) 772^,769 

Sec.  20  (31  Stat.,  753) 544,1078 

Sec.  21  (31  Stat.,  754) 613 

Sec.  22  (31  Stat.,  754) 791 

Sec.  24  (31  Stat.,  754) 879,890 

Sec.  25  (31  Stat.,  754) 433 

Sec.  26  (31  Stat.,  755)..  373,374,376-379,509-511, 
581-583, 616-618, 81 1-813, 885, 887, 888, 936, 973 

Sec.  27  (31  Stat.,  755) 383 

Sec.  28  (31  Stat.,  755,756) 1101,1102,1103 

Sec.  30  (31  Stat.,  756) 333, 1044, 1105 

Sec.  32  (31  Stat.,  756) 933 

Sec.  34  (31  Stat.,  757) 1009 

Sec.  36  (31  Stat.,  757) 332, 335, 336, 337,338 

Sec.  37  (31  Stat.,  758) 341 

Sec.  38(31  Stat.,  758) 1295 

Sec.  40(31  Stat.,  758) 593 

Sec.  41  (31  Stat.,  758) 1023 

1901,  Feb.  15  (31  Stat,  790) 1282 

1901,  Feb.  26  (31  Stat.,  810) 945, 952 

1901,  Mar.  1  (31  Stat.,  875) 871 

1901,  Mar.  2: 

(31  Stat. ,  899, 906, 906, 904, 902, 901, 901, 903, 

902,902,910,910,903,901,905) 459, 

540,  569,  611,  663,  671,  676,  683, 
684, 687, 848, 872, 1046, 1078, 1198 
(31  Stat.,  910),  amending  sec.  12,  act  of 

July  31,  1894  (28  Stat.,  209) 196 

(31  Stat.,  907),  amending  act  of  July  5, 

1884  (23  Stat.,  109) 538 


TABLE   OF   STATUTES   CITED. 


645 


1901,  Mar.  2— Continued.  Par. 

(31  Stat.,  902),  amended  by  act  of  June  12, 
1906  (34  Stat.,  246) 686 

(31  Stat.,  914),  amending  sec.  1338,  Re- 
vised Statutes 1131 

(31  Stat.,  911),  amending  sec.  1319,  Re- 
vised Statutes 1147 

1901,  Mar.  3: 

(31  Stat.,  1448),  amending  sec.  5153,  Re- 
vised Statutes 182 

(31  Stat.,  1163) 1526 

Sec.  5  (31  Stat.,  1009) 87 

1902,  June  28: 

(32  Stat.,  481,  409, 410,  409,  464) 112, 

1126,1140,1152,1292 

(32  Stat.,  409),  amending  sec.  1339,  Re- 
vised Statutes 1153 

1902,  June  30  (32  Stat.,  509,  511,  516,  512,  508, 

509) 380, 513, 548, 642, 664, 891  * 

1902,  July  1: 

(32  Stat.,  629) 1047 

Sec.  4  (32  Stat.,  729) 780 

Sec.  5  (32  Stat.,  713) 781 

1903,  Jan.  21: 

Sec.  2  (32  Stat.,  775) 1323,1324 

Sec.  6  (32  Stat.,  776) 1341 

Sec.  9  (32  Stat.,  776) 1342 

Sec.  10  (32  Stat.,  776) 1347 

Sec.  12  (32  Stat.,  776) 1335 

Sec.  14  (32  Stat.,  777) 1356 

Sec.  17  (32  Stat.,  778) 1354 

Sec.  18  (32  Stat.,  778) 1331 

Sec.  21  (32  Stat.,  779) 1360 

Sec.  22  (32  Stat.,  779) 1348 

Sec.  25  (32  Stat.,  780) 1320 

1903,  Jan.  30: 

Sec.  1  (32  Stat.,  783) 941 

Sec.  2  (32  Stat.,  783) 340 

1903,  Feb.  14: 

Sec.  1  (32  Stat.,  830) 365 

Sec.  2  (32  Stat.,  831) 368 

Sec.  3  (32  Stat.,  831) 366 

Sec.  4  (32  Stat.,  831) 369 

1903,  Feb.  25  (32  Stat.,  885),  amending  sec. 
1167,  Revised  Statutes 834 

1903,  Feb.  28,  sec.  1  (32  Stat.,  920),  amending 
sec.  4708,  Revised  Statutes 1501 

1903,  Mar.  2  (32  Stat.,  938, 938, 934, 930,  932, 934, 
930,930,932,932, 932,932, 1012, 944) 150, 

151,349,  659,  709,  757,  763,768, 
880,  881,  886,  957,   1118,  1489 

1904,  Apr.  21: 

(33  Stat.,  234,  225) 806,946 

Sec.  1  (33  Stat.,  226) 909 

Sec.  2(33  Stat.,  226) 910 

Sec.  3  (33  Stat.,  226) 911,953 

1904,  Apr.  23  (33  Stat.,  267) 628 

1904,  Apr.  23  (33  Stat.,  266,  262,  261,  268,  266, 
266, 263, 276, 264, 264, 274, 264, 275) ....  342, 434, 585, 
594,  739, 740, 784, 846, 958, 969, 1014, 1041, 1364 
1904,  Apr.  27  (33  Stat.,  401) .' 435 

1904,  Apr.  28  (33  Stat.,  518,  497,  498,  496) 152, 

803, 1288, 1299 

1905,  Feb.  3,  sec.  4  (33  Stat.,  687) 82 

1905,  Feb.  24  (33  Stat.,  812),  amending  act  of 

Aug.  13, 1894  (28  Stat.,  278) 1217 


Par. 

1905,  Mar.  2  (33  Stat.,  832,  840,  831,  836) 623, 

845,974,1289 

1905,  Mar.  3: 

(33  Stat.,  1249,  850) 113,1132 

(33  Stat.,  853),  amending  sec.  1111,  Re- 
vised Statutes 1165 

Sec.  1  (33  Stat.,  1213,  986) 116,1367 

Sec.  2  (33  Stat.,  987) 1368 

Sec.  4  (33  Stat.,  1257),  amending  sec.  3679, 
Revised  Statutes 188 

1906,  Feb.  27: 

(34  Stat.,  49,  33) 37,1225 

Sec.  3  (34  Stat.,  48),  amending  sec.  3679, 

Revised  Statutes 188 

1906,  Mar.  15  (34  Stat.,  62). 1025 

1906,  June  7  (34  Stat.,  219) 105 

1906,  June  8: 

Sec.  2  (34  Stat.,  225) 1285 

Sec.  3  (34  Stat.,  225) 1286 

Sec.  4  (34  Stat.,  225) 1287 

1906,  June  12: 

(34  Stat.,  258,  250,  246,  248,  246,  247,  247, 
246, 242, 248, 246, 258, 256, 245, 258, 249) . . .     417, 
555, 576, 626, 678, 679, 682, 685, 704, 
710,  716,  830,  904,  972,  1200,  1330 
(34  Stat.,  255),  amending  sec.  3732,  Re- 
vised Statutes 1190 

(34  Stat.,  246),  amending  act  of  Mar.  2, 

1901  (31  Stat.,  902) 686 

1906,  June  19: 

Sec.  1  (34  Stat.,  299) 1463 

Sec.  4  (34  Stat.,  300) 1464 

1906,  June  22: 

(34  Stat.,  401) 12 

(34  Stat.,  449),  amending  sec.  192,  Revised 

Statutes 76 

(34  Stat.,  418) 363 

Sec.  1  (34  Stat.,  449) 1351 

Sec.  2  (34  Stat.,  449) 1353 

Sec.  3  (34  Stat.,  450) 1358 

Sec.  4  (34  Stat.,  448,  450) 90, 91, 1359 

Sec.  5  (34  Stat.,  449) 36 

Sec.  6  (34  Stat.,  449).. 30 

1906,  June  25  (34  Stat.,  456,  455,  455). . . .  156, 809, 814 
1906,  June  29,  sec.  2  (34  Stat.,  587) 525 

1906,  June  30: 

(34  Stat.,  817,  750) 954,1059 

Sec.  2  (34  Stat.,  762) 94 

Sec.  4  (34  Stat.,  669) 1226 

Sec.  5  (34  Stat.,  763> 101 

Sec.  9  (34  Stat.,  764) 189 

1907,  Jan.  25: 

Sec.  1  (34  Stat.,  861) 1083 

Sec.  2  (34  Stat.,  861). 370 

Sec.  3  (34  Stat.,  861) 1087 

Sec.  4  (34  Stat.,  861) 1093 

Sec.  5  (34  Stat.,  861,  862) 1086,1089 

Sec.  6  (34  Stat.,  862> 1088 

Sec.  7  (34  Stat..  862) 1090, 1094 

Sec.  8  (34  Stat.,  862) 1091 

Sec.  9  (34  Stat.,  863) 1084 

Sec.  10  (34  Stat.,  863) 1085 

Sec.  11  (34  Stat.,  863) 1092 

Sec.  12  (34  Stat.,  864) 903 


646 


TABLE    OF   STATUTES   CITED. 


1907,  Mar.  2:  Par. 

(34  Stat.,  1162,1162,1160, 1158,  1169,  1170, 

1168,  1167,  1166,  1066,  1166,  1165,  1166, 

1159,  1171,  1169,  1217,  1163,  1172,  1062, 

1159,  1163,  1160,  1063,  1063,  1167,  1166, 

1174) 157, 

158,  350,  436,  476,  528,  551,  556,  559,  564, 

592,  595,  612,  647,  665,  668,  714,  755,  779, 

861, 899, 970, 1104, 1119, 1149, 1169, 1188, 1365 

Sees.  1  and  2  (34  Stat.,  1217) 1038 

1907,  Mar.  2  (34  ttat,  1175) 831 

1908,  Apr.  19,  sec.  1  (35  Stat.,  64) 1498 

1908,  Apr.  23: 

Sec.  1  (35  Stat.,  66) 728 

Sec.  2  (35  Stat.,  66) 729 

Sec.  3  (35  Stat,  67) 731,734 

Sec.  4  (35  Stat.,  67) 732 

Sec.  5  (35  Stat.,  67) 735 

Sec.  6  (35  Stat.,  68) 737 

Sec.  7  (35  Stat.,  68) 733,744,745 

Sec.  8  (35  Stat,  68) 746 

Sec.  9  (35  Stat,  68) 747,748 

1908,  May  11: 

(35  Stat.,  114,  108,  110,  114,  108,  114,  109, 
109, 109, 110,  110,  110, 110,  110,  109,  110, 

125, 109, 109, 108, 108, 117, 122) 343, 

637,643, 645, 654, 681, 695, 697-702, 706,708, 
722,  829,  1034,  1035,  1061,  1153, 1350, 1527 
(35  Stat.,  108)  amending  sec.  1261,  Re- 
vised Statutes 635 

1908,  May  16  (35  Stat,  163) 339 

1908,  May  27: 

(35  Stat,  373) 1060 

Sec.  1  (35  Stat.,  392,  399) 344, 1322 

Sec.  2  (35  Stat.,  392, 399-400) .  345, 1325-1327, 1357 

Sec.  3  (35  Stat,  392,  400) 346,1339 

Sec.  4  (35  Stat.,  392,  400) ....  347, 1340, 1344, 1345 

Sec.  5  (35  Stat.,  392,  401) 348, 1346 

Sec.  6  (35  Stat,  401) 1343 

Sec.  7  (35  Stat,  401) 1349 

Sec.  8  (35  Stat.,  401,  402) 1336, 1361-1363 

Sec.  9  (35  Stat,  402) 1329 

Sec.  10  (35  Stat,  402) 1334 

Sec.  11  (35  Stat.,  403) 1332, 1337, 1338 

1908,  May  28: 

(35  Stat,  431) 1166 

(35  Stat.,  430),  amending  sec.  1339,  Re- 
vised Statutes 1153 

(35Stat,  441) 1143 

Sec.  14  (35  Stat,  443) 839 

1908,  May  30: 

Sec.  1  (35  Stat,  556) 66 

Sec.  2  (35  Stat,  556) 67 

Sec.  3  (35  Stat,  556) 71 

Sec.  4  (35  Stat,  556) 68 

Sec.  5  (35  Stat,  556) 70 

Sec.  6  (35  Stat,  556) 69 

Sec.  7  (35  Stat,  556) 72 

1909,  Feb.  18: 

Sec.  47  (35  Stat,  634) 1379 

Sec.  50  (35  Stat,  634) 1466 

Sec.  74  (35  Stat,  636) 1321 

1909,  Feb.  23: 

(35  Stat.,  643),  amending  sec.  3647,  Re- 
vised Statutes 245 

(35  Stat.,  643),  amending  sec.  3646,  Re- 
vised Statutes 245 


1909,  Mar.  3:  Par. 
(35  Stat.,  735),  amending  sec.  2,  act  of  Feb. 

2,  1901  (31  Stat,  748) 1074 

(35  Stat,  747,  737,  751,  750,  751,  751,  732, 

738,735,733,750,751) 523, 

736, 815, 832, 843, 844, 878, 947, 1062, 1183, 1366 
1909,  Mar.  4: 

(35  Stat,  1021, 1003,1004,1028)..  115,477,547,1123 

Sec.  8  (35  Stat,  1027) 24 

Sec.  9  (35  Stat,  1027) 408 

Sec.  47  (35  Stat.,  1075) 1075 

Criminal  Code- 
Sec.  9  (35  Stat,  1089) 1467 

Sec.  10  (35  Stat,  1089) 1468 

Sec.  11  (35  Stat,  1090) 1469 

Sec.  12  (35  Stat,  1090) 1470 

Sec.  13  (35  Stat,  1090) 1471 

Sec.  14  (35  Stat,  1090) 1472 

Sec.  15  (35  Stat,  1091) 1473 

Sec.  18  (35  Stat,  1091) 1474 

Sec.  22  (35  Stat,  1092) 1457 

Sec.  23  (35  Stat,  1092) 1458 

Sec.  24  (35  Stat,  1092) 1459 

Sec.  25  (35  Stat,  1093) 1460 

Sec.  26  (35  Stat,  1093) 1461 

Sec.  28  (35  Stat,  1094) 131 

Sec.  35  (35  Stat,  1095) 220 

Sec.  36  (35  Stat,  1096) 1264 

Sec.  38  (35  Stat,  1098) 1267 

Sec.  39  (35  Stat,  1095) 1251 

Sec.  41  (35  Stat,  1097) 1250 

Sec.  42  (35  Stat.,  1097) 1055 

Sec.  43  (35  Stat,  1097) 859 

Sec.  44  (35  Stat,  1097) 1315 

Sec.  45  (35  Stat,  1097) 1317 

Sec.  46  (35  Stat,  1097) 1265 

Sec.  47  (35  Stat,  1097) 1263 

Sec.  48  (35  Stat,  1098) 1266 

Sec.  50  (35  Stat,  1098) 1311 

Sec.  51  (35  Stat,  1098) 1312 

Sec.  56  (35  Stat,  1099) 1314 

Sec.  57  (35  Stat,  1099) 1313 

Sec.  60  (35  Stat,  1099) 900 

Sec.  85  (35  Stat,  1104) 1252 

Sec.  86  (35  Stat.,  1105) 418 

Sec.  87  (35  Stat,  1105) 419 

Sec.  89  (35  Stat,  1105) 420 

Sec.  90  (35  Stat,  1105) 421 

Sec.  91  (35  Stat,  1105) 422 

Sec.  92  (35  Stat,  1105) 423 

Sec.  93  (35  Stat,  1105) 424 

Sec.  94  (35  Stat,  1106) 425 

Sec.  95  (35  Stat,  1106) 426 

Sec.  96  (35  Stat,  1106) 437 

Sec.  97  (35  Stat.,  1106) 428 

Sec.  98  (35  Stat,  1106) 1192 

Sec.  101  (35  Stat.,  1107) 110 

Sec.  106  (35  Stat,  1107) 429 

Sec.  109  (35  Stat,  1107) 430 

Sec.  112  (35  Stat.,  1108) 1245 

Sec.  113  (35  Stat,  1109) 1246 

Sec.  114  (35  Stat.,  1109) 1247 

Sec.  115  (35  Stat,  1109) 1248 

Sec.  116(35  Stat,  1109) 1249 

Sec.  117  (35  Stat.,  1109) 1254  • 

Sec.  118  (35  Stat,  1110) 172 

Sec."  119  (35  Stat.,  1110) 173 


TABLE   OP   STATUTES   CITED. 


647 


1909,  Mar.  4— Continued.  Par. 
Criminal  Code— Continued. 

Sec.  120(35Stat.,  1110) 174 

Sec.  121  (35  Stat.,  1110) 175 

Sec.  122  (35  Stat.,  1110) 176 

Sec.  128  (35  Stat.,  1111) 129 

Sec.  129  (35  Stat.,  1112) 130 

Sec.  134  (35  Stat.,  1113) 1253 

Sec.  201  (35  Stat.,  1127) 1465 

Sec.  227  (35  Stat.,  1134) 253 

Sec.  286  (35  Stat.,  1144) 1316 

1909,  Aug.  5  (36  Stat.,  125) 393 

1910,  Mar.  23  (36  Stat.,  248,  241,  241,  257,  255, 

254,  252,  255,  245,  249,  261,  244) 159, 

391, 392, 522, 526, 558, 560, 561, 703, 771, 826, 1187 

1910,  Apr.  19  (36  Stat.,  324,  312, 312, 323, 323) . .  939, 

1121,1124,1141,1164 

1910,  Apr.  21  (36  Stat.,  329) 1328 

1910,  May  27,  sec.  1  (36  Stat.,  443) 1376. 

1910,  June  17,  sec.  4  (36  Stat.,  531) 1197 

1910,  June  23,  sec.  3  (36  Stat.,  603) 1369 

1910,  June  24  (36  Stat.,  628) 1228 

1910,  June  25: 

(36  Stat.,  851) 299 

Sec.  1  (36  Stat.,  770) 33 

1911,  Jan.  19  (36  Stat.,  894) 993 

1911,  Feb.  2,  sec.  2(31  Stat.,  748) 1071 

1911,  Feb.  13  (36  Stat.,  898),  amending  sec.  183, 

Revised  Statutes 64 

1911,  Feb.  27,  sec.  5  (36  Stat,  957) 785,786 

1911,  Mar.  1  (36  Stat.,  693) 1010 

1911,  Mar.  3: 

(36  Stat.,  1037,  1045,  1051,  1051,  1051,  1051, 
1040,  1047,  1044,  1044,  1044,  1039,  1056, 
1054,  1054,  1054,  1054,  1054,  1045,  1058, 

1057,  1049,  1042,  1016,  1045,  1057) 371, 

508,  529,  530,  533,  535,  541,  604,  622,  630, 
634,  641,  680,  750,  751,  752,  777,  778, 
918,  929,  955,  1070,  1079,  1120,  1333  1370 

Sec.  1  (36  Stat.,  1084) 1317J 

Sec.  2  (36  Stat.,  1085) 1317$ 

Sec.  3  (36  Stat.,  1085) 1317$ 

Judicial  Code- 
Sec.  24,  par.  20  (36  Stat.,  1093) 278 

Sec.  41  (36  Stat.,  1100) 300 

Sec.  45  (36  Stat.,  1100) 301 

Sec.  46  (36  Stat.,  1100) 302 

Sec.  47  (36  Stat.,  1100) 303 

Sec.  145  (36  Stat.,  1136) 277 

Sec.  146  (36  Stat.,  1137) 279 

Sec.  147  (36  Stat.,  1137) 280 

Sec.  152  (36  Stat.,  1138) 298 

Sec.  154  (36  Stat.,  1138) 281 

Sec.  156  (36  Stat,,  1139) 282 

Sec.  159  (36  Stat.,  1139) 283 

Sec.  164  (36  Stat.,  1140) 284 

Sec.  165  (36  Stat.,  1140) 285 

Sec.  171  (36  Stat.,  1141) 286 

Sec.  173  (36  Stat.,  1141) 287 

Sec.  175  (36  Stat.,  1141) 288 

Sec.  176  (36  Stat.,  1141) 289 

Sec.  177  (36  Stat.,  1141) 290 

Sec.  178  (36  Stat.,  1141) 291 

Sec.  179  (36  Stat.,  1141) 292 

Sec.  180  (36  Stat.,  1141) 294 

Sec.  181  (36  Stat.,  1142) 295 

Sec.  185  (36  Stat.,  1142) 293 

See.  242  (36  Stat.,  1157) 296 

Sec.  243  (36  Stat.,  1157) •....  297 


1911,  Mar.  4:  Par. 
(36  Stat,  1355,  1348,1344,1354,1288,1253)  ..  171, 

749,862,971,1229,1283 

1912,  Mar.  4  (37  Stat,  72) 772 

1912,  June  6  (37  Stat,  126) 1231 

1912,  June  14  (37  Stat.,  133) 536 

1912,  June  19: 

Sec.  1  (37  Stat.,  137) 1222 

Sec.  2  (37  Stat,  138) 1223,1224 

1912,  June  26,  sec.  8  (37  Stat.,  184) 81 

1912,  July  17  (37  Stat.,  193) 864 

1912,  July  25  (37  Stat.,  218) 1227 

1912,  Aug.  9  (37  Stat.,  263,  252,  252,  252,  252, 

252,254,257,260) 1115, 

1122, 1137, 1144, 1148, 1157, 1171, 1174, 1179 
1912,  Aug.  22: 

(37  Stat,  324, 355) 1048,1230 

(37  Stat.,  356),  amending  sec.  1998,  Revised 

Statutes 1052 

1912,  Aug.  23: 

Sec.  4  (37  Stat,  413) 40 

Sec.  5  (37  Stat.,  414) 32 

Sec.  6  (37  Stat,  414) 75 

Sec.  7  (37  Stat.,  414) 83 

Sec.  8  (37  Stat.,  414) 85 

1912,  Aug.  24: 

(37  Stat.,  573,  586,  571,  581,  579,  575,  575, 
576,  574,  576,  575,  589,  571,  645,  575,  576, 

440,575,579,519) 31, 

162,   384,   542,   608,   631,   632,   644,   646,   721, 
770,  842,  937,  1042,  1045, 1063,  1069,  1236,  1405 

Sec.  2  (37  Stat .,  590) 1031 

Sec.  3  (37  Stat.,  591) 495-498,500-504 

Sec.  4  (37  Stat,  593) 505 

Sec.  5  (37  Stat,  594) 367,381 

Sec.  6  (37  Stat.,  555, 487, 594) 42, 96, 657 

Sec.  7  (37  Stat,  487) 194 

Sec.  8  (37  Stat,  487) 65 

1913,  Mar.  2: 

(37  Stat,  721) pp.  614-616 

(37  Stat.,  707,  706,  723,  708,  706,  713,  715, 
717,  714,  708,  710,  718,  705,  706,  713,  704, 

719,705) 372, 

385,  442,  466,  499,  521,  531,  553,  570, 
633, 648, 776, 889, 938, 1058, 1183-1185 

1913,  Mar.  3  (37  Stat,  726) 1232 

1913,  Mar.  4: 

(37  Stat,  765,  764) 818,895 

Sec.  3  (37  Stat,  790) 39 

Sec.  4  (37  Stat.,  790) 35 

1913,  May  1: 

Sec.  3  (38  Stat,  3) 99a 

1913,  June  23: 

Sec.  3  (38  Stat,  75) 87a 

Sec.  5  (38  Stat,  75) 125a 

1914,  Apr.  6  (38  Stat.,  335,  318) 81a,  680a 

1914,  Apr.  25: 

Sec.  1(38  Stat,  347) 329,1382 

Sec.  2  (38  Stat.,  347) 1383 

Sec.  3  (38  Stat,  347) 1383 

Sec.  4  (38  Stat,  347) 1385 

Sec.  5  (38  Stat,  348) 1386 

Sec.  6(38  Stat, 348) 1387 

Sec.  7  (38  Stat,  349) 1388 

Sec.  8  (38  Stat,  349) 1389 

Sec.  9  (38  Stat,  350) 1390 

Sec.  10  (38  Stat,  350) 1391 


648 


TABLE   OF   STATUTES  CITED. 


1914,  Apr.  25— Continued.  Par. 

Sec.  11  (38  Stat,  350) 1392 

Sec.  12  (38  Stat,  351) 1393 

Sec.  13.  (38  Stat.,  351). 1394 

Sec.  14  (38  Stat.,  351) 1395 

1914,  Apr.  27  (38  Stat,  355,  356,  358,  355,  362, 
365,  363,  361,  361,  353,  366,  359,  339,  369, 

361,357, 354,360,370, 370) 362, 

.  375, 382, 506, 520, 527, 543, 588, 609, 666, 
669,  689,  801,  808,  883,  938J,  1049, 1355, 
954a,954b. 

1914,  July  6  (38  Stat.,  454) 215a 

1914,  July  16  (38  Stat,  508) 82a 

1914,  July  17  (38  Stat ,  512) . . .. 951a-951b 

1914,  July  18: 

Sec.  1  (38  Stat,  514) 889a 

Sec.  2  (38  Stat,  514-515) 

Sec.  3  (38  Stat.,  515-516) 

1914,  Aug.  1: 

Sec.  10  (38  Stat,  680) 96a 

Sec.  12  (38  Stat,  860)... 35a 

1915,  Feb.  24  (Pub.  251,  38  Stat,  — ) 813a 

1915,  Mar.  3: 

(Pub.  264,  38  Stat, — ) 825a 

Sec.  3  (Pub.  263,  38  Stat,  — ) 200a 

1915,  Mar.  4  (Pub.  289,  38  Stat,  — ) 277a 

1915,  Mar.  4  (Pub.  292,  38  Stat.,  — ) 217a, 

346a,  346b,  346c,  673a,  362a,  362b,  417a,  475a, 
488b,  668a,  668b,  611a,  1211a,  616a,  727a,  1507a, 
514a,  506a,  689a,  588a,  776a,  775a,  775d,  857a, 
864a,  883a,  958a,  958b,  958c,  958d,  958e,  969a, 
1038a,330a,  1364a,  1364b,  1364c. 
1915,  Mar.  4  (Pub.  296,  38  Stat.,  — ). ..  1158a,  1178a 

1915,  Mar.  4  (Pub.  327,  38  Stat.,  — ) 849a 

1915,  Mar.  4: 

Sec.  5  (Pub!  290, 38  Stat.,  — ) 77a 

Sec.  2,  Par.  1  (Pub.  292,  38  Stat.,  — ). . . .    475b 
Sec!  2,  Par.  2  (Pub.  292,  38  Stat.,  — )....    475c 


1915,  Mar.  4—  Continued.  Par. 

Sec.  2,  Par.  3  (Pub.  292,  38  Stat.,  — ). . . .  477a 
Sec.  2,  Par.  4  (Pub.  292,  38  Stat.,  — ) ....  480a 
Sec.  2,  Par.  5  (Pub.  292,  38  Stat,  — ) ....  481a 
Sec.  2,  Par,  6  (Pub.  292, 38  Stat.,  — ). . . .  481b 
Sec.  2,  Par,  7  (Pub.  292,  38  Stat.,  — ) ....  488a 
Sec.  2,  Par.  8. (Pub.  292,  38  Stat.,  — ). . . .  476a 

Sec.  4  (Pub.  296,  38  Stat.,  — ) 191a 

Sec.  5  (Pub.  296,  38  Stat, — ) 75a 

Sec.  6  (Pub.  296,  38  Stat, — ) 40a 

Sec.  1  (Pub.  316,  38  Stat. ,  — ) 927a 

Sec.  2  (Pub.  316,  38  Stat,  — ) 927b 

Sec.  3  (Pub.  316,  38  Stat.,  — ) 927c-927d 

Sec.  5  (Pub.  316,  38  Stat.,  — ) 927e, 

927f,927g,927h,927i 
Sec.  6  (Pub.  316,  38  Stat.,  — .) 927j 

Joint  Resolution- 
No.  13,  July  3,  1876  (19  Stat.,  214) :     1380 

No,  26,  June  7,  1878  (20  Stat. ,  252) 1381 

No.  5,  Jan.  6,  1885  (23  Stat.,  516) 54 

No,  6,  Feb.  23,  1887  (24  Stat.,  644) 55 

No.  41,  Aug.  28,  1890  (26  Stat,  678) 800 

No.  50,  Sept.  25,  1890  (26  Stat. ,681) 1020 

No.  26,  May  11, 1894  (28  Stat.,  583) 1021 

No.  51,  May  2,  1896  (29  Stat.,  473) 1017 

No.  21,  Apr.  11,  1898  (30  Stat,  737) 259,805 

No.  2,  Jan.  12,  1903  (32  Stat.,  1229) .......     1024 

No.  23,  Apr.  15, 1904  (33  Stat,  588) 1015 

No.  35,  Apr.  28,  1904  (33  Stat.,  591) 441 

No.  13,  Mar.  30, 1906  (34  Stat,  825) 114 

No.  14,  Mar.  30,  1906  (34  Stat.,  826) 117 

No.  17,  Feb.  27,  1907  (34  Stat,  1422) 1016 

No.  18,  Mar.  2,  1907  (34  Stat.,  1423) 1022 

No.  10,  Mar.  14,  1912  (37  Stat.,  630) 1475 

No.  10,  Apr.  22, 1914  (38  Stat.,  770).  1475a,  1475b 

No.  15,  May  8,  1914  (38  Stat.,  771) 775b 

No.  15  (sec.  2),  May  8,  1914  (38  Stat.,  771)  775c 
No.  —  (Pub.  Res.  72),  Mar.  4,  1915  (38 
Stat.,  — ) . . . 1469a,  1469b,  1472a,  1472b 


REVISED  STATUTES. 


Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Para- 
graph. 

Page. 

Para- 
graph. 

Page. 

152                      

3 
19 

43 
26 

34 
44 
45 

25 
46 
20 
21 
22 
23 
13 
14 
15 

16 
17 

18 

64 

8 
18 

25 
20 

22 
25 
25 

20 
25 
18 
18 
19 
20 
17 
17 
17 

17 
17 
17 

30 

184 

134 
135 
136 
137 
139 
138 
140 

76 
79 
104 
106 

109 
141 

144 
147 

148 
149 
516 
524 
153 
1260 
215 

49 
49 
49 
49 
49 
49 
50 

34 
34 
41 
42 

42 
51 

52 
53 
53 
54 
214 
216 
54 
468 
81 

161                                          .. 

185 

163,  as  amended  by  act  of  Aug.  15, 
1876  (19  Stat    169)          ,  

186 

187                                               

165       '..-.'......:.:.....:::..... 

188       ..     

166,  as  amended  by  sec.  3,  act  of 
May  28,  1896  (29  Stat,  179)  
167 

189                                      

190 

192,  as  amended  by  act  of  June  22, 
1^06  (34  Stat    449)                

168 

169,  as  amended  by  act  of  Mar.  3, 
1875  (18  Stat  ,  360) 

193 

195                        .           

170 

196                                                 -   --- 

173  ....:  

197,  as  amended  by  act  of  Feb.  27, 
1877  (19  Stat  ,  241)  .     ....'  

174                                         ..... 

175 

214 

176  

215,  as  amended  by  act  of  Feb.  27, 
1877  (19  Stat  ,  241)  
216                                                  -  - 

177            

178                  

179  ... 

217       

180,  as  amended  by  act  of  Feb.  6, 
1891  (26  Stat    733) 

218                                  

219                                                 .   ... 

181                                  

220 

182  

225                                      

183,  as  amended  by  act  of  Feb.  13, 
1911  (36  Stat,  898)... 

225                                                 

236...                                  

TABLE   OF    STATUTES   CITED. 
Revised  Statutes — Continued. 


649 


Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Para- 
graph. 

Page. 

Para- 
graph. 

Page. 

237,  as  amende  -I  by  sec.  9,  act  of 
Oct.  1,  1890  (26  Stat.,  646)  
278,  as  amended  by  sec.  7,  act  of 
July  31  1894  (28  Stat  ,  206)  .  .  . 

195 

213 
214 

204 
178 

179 
241 
242 
243 
244 
183 
261 
258 
262 
260 
263 
264 
265 

249 

250 
266 
267 
268 
269 
270 
271 
272 
273 
274 
275 

247 

247 
351 
1072 
1073 
1096 
819 
820 

1165 
356 
1026 
1028 
1027 
1032 
908 
905 
915 
914 
916 
917 
437 

146 
515 

517 
545 
1290 
519 

1259J 

580 
587 
584 
590 
587 
605 
601 
(>()() 
606 
591 

•   73 

81 
81 
77 
64 

64 
92 
93 
94 
94 
6*- 
103 
102 
103 
102 
103 
103 
103 

97 

97 
104 
104 
104 
105 
105 
105 
106 
106 
106 
106 

95 

95 
142 
394 
394 
402 
313 
314 

421 
144 

378 
378 
378 
381 
340 
339 
341 
341 
341 
341 
180 

52 
214 
214 
223 
482 
215 

468 

232 
235 
234 
236 
235 
239 
238 
238 
240 
236 

1152... 

798 
807 

794 

797 
789 
821 
822 
823 
825 
824 
833 

835 

834 
355 
743 
775 
783 
624 
614 
615 
619 
620 
621 
625 

629 

387 
471 
470 
934 
788 

386 
787 
999 
1001 
354 
1006 
1005 

1154 
919 
1155 

1018 
353 
577 
836 

573 
995 
997 

996 

942 
1007 
1019 
991 
992 
994 
1293 
1068 
610 
565 
566 
1067 
773 
1261 
962 
963 
968 
976 
977 

306 

308 

305 
305 
305 
314 
314 
314 
314 
314 
316 

316 

316 
144 
289 
296 
299 
244 
242 
242 
243 
243 
243 
244 

245 
158 
194 
194 
349 
304 

157 

304 
369 
370 
144 
.  370 
.    370 

418 
344 
419 

374 
144 
232 
317 

231 

367 
367 

367 
353 
370 
375 
366 
366 
366 
483 
391 
241 
229 
229 
391 
296 
469 
360 
361 
362 
363 
363 
363 
363 
363 

1153 

1156,  as  amended  by  sec.  11,  act 
of  Feb.  2,  1901  (31  Stat.,  750).... 
1157  . 

282 

283               

1158  

301 

1162  

305,  as  amended  by  sec.  11,  act  of 
July  31  1894  (28  Stat  209) 

1163 

1164 

306     ' 

1165  

307         

1166  

308 

1167  

309   

1167,  as  amended  bv  act  of  Feb. 
27,  1877  (19  Stat.,  242)..  '.'.'.'.  

310                  

354  

1167,  as  amended  bv  act  of  Feb. 
25,  1903  (32  Stat.,  885)..  

355             

356 

1169   

357       

1174  .I.............. 

361 

1175  

364  

1176  ...;......  

383 

1183  

391,  as  amended  by  sec.  15,  act  of 
Mar  5  1874  (18  Stat  ,  19)  . 

1184 

1185  

392,  as  amended  by  sec.  15,  act  of 
Mar.  5,  1874  (18  Stat.,  20)  
751 

1186 

1187  

1188 

752 

USD   

753 

1190,  as  amended  by  act  of  June 
30,  1882  (22  Stat.,  118)  

754  

755 

1191 

756  

1199  

757 

1201 

758  ,  

1205  

759 

1206 

761  

1207,  as  amended  by  act  of  Oct.  1. 
1890  (26  Stat  654) 

886,  as  amended  by  sec.  10,  act  of 
Mar.  2,  1895  (28  Stat.,  809)  
886,  as  amended  by  sec.  17,  act  of 
July  31,  1894  (28  Stat,  210)  
1098  

1207  

1209         .     .. 

1210  ...-.  

1211    

1104.. 

1212 

1105  

1212 

1108 

1213  ,  as  amended  by  act  of  May 
17,  1886  (24  Stat.,  50)  
1214 

1109..  . 

1110 

1111,  as  amended  by  act  of  Mar.  3, 
1905  (33  Stat.,  853)  
1114  

1215    

1216,  as  amended  by  act  of  Mar.  29, 
1892  (27  Stat.,  12)  

1116.  .. 

1219 

1117  

1220    

1118 

1220 

1120  

1221,  as  amended  by  act  of  Mar. 
29,  1894  (28  Stat.,  47)  
1222  

1122 

1123  

1124 

1223 

1125 

1224,  as  amended  by  act  of  Feb.  27, 
1877  (19  Stat  243) 

1126  . 

1127 

1225 

1130.  .. 

1226              

1132,  as  amended  by  act  of  Feb. 

25,  1877  (19  Stat.,  242)... 
1133 

1227  

1228          ... 

1229 

1135  ..  .... 

1230 

1136. 

1231 

1136  t.  

1232  

1138. 

1234 

1139  as  amended  by  act  of  Feb. 
27,  1877  (19  Stat,,  242)  
1140,  as  amended  bv  sec.  17,  act  of 
Feb.  2,  1901  (31  Stat.  ,  752)  
1141 

1235  

1236         

1237 

1239  

1241 

1142 

1243 

1143  

1244   

1144 

12  J5 

1145  

1246  

1147 

1247 

11  IS 

1149  

1219 

970 
980 

1150... 

1250... 

650 


TABLE    OF    STATUTES   CITED. 
Revised  Statutes — Continued. 


Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Para- 
graph. 

Page. 

Para- 
graph. 

Page. 

1251 

981 
982 
983 
984 
986 
988 
987 

966 
956 
948 

635 
652 
653 
638 
661 
667 
674 
651 
658 
660 

696 
774 
817 

562 
720 
726 
596 
602 

598 
571 
572 
692 
725 
724 
575 
690 
691 
717 
718 

575 
1106 
1110 
1111 
1112 
1108 
1109 
1114 

1139 
1145 
1146 

1147 
1150 
1151 
1158 
1159 
1160 
1162 
1163 
1175 
1138 
1107 
1172 
1129 
1113 
1135 
1125 
1127 

1131 

363 
364 
364 
364 
365 
365 
365 

361 
359 
356 

246 
252 
252 
248 
254 
256 
258 
252 
253 
253 

266 
296 
313 

228 
272 
275 
237 
238 

237 
230 
230 
265 
274 
274 
231 
264 
265 
272 
272 

231 
406 
407 
408 
408 
407 
407 
409 

414 
416 
417 

417 
417 
417 
419 
419 
420 
420 
420 
425 
414 
407 
424 
412 
409 
413 
410 
412 

412 

1339,  as  amended  by  act  of  May  11, 
1908  (35  Stat    108) 

1153 
1153 

1153 
1134 
1176 

418 
418 

418 
413 
425 
614 
196 

623 

197 
197 

624 

197 

197 
197 

624 
198 
198 

}        625 

199 
199 
199 
198 
198 
197 
197 
198 
199 
382 
119 
143 
119 
119 
320 
320 
321 
321 
321 
322 
57 
58 
58 

29 
29 
29 
58 
58 
26 
60 
265 
12 
12 
12 
126 
30 
34 
61 
575 
575 
575 
575 
475 
509 
510 
510 
360 
540 
540 

1252 

1253   . 

1339,  as  amended  by  act  of  June  28, 
1902  (32  Stat    409) 

1254 

1255  

1339,  as  amended  by  act  of  May  28, 
1908  (35  Stat.,  430) 

1256 

1257 

1258,  as  amended  by  act  of  Feb. 
16,  1891  (26  Stat.,  763)  
1259 

1341... 

1343...  . 

1344 

474 

475b 

478 
480 

480a 

479 

482 
481 

481a 
486 
488 
1     448a, 
'     488b 
491 
492 
494 
489 
490 
483 
484 
485 
493 
1036 
306 
352 
304 
305 
853 
854 
855 
856 
858 
860 
163 
164 
165 

60 
62 
61 
167 
168 
47 
170 
693 
9 
10 
11 
323 
63 
77 
177 
1528 
1529 
1530 
1531 
1275 
1375 
1377 
1378 
960 
1442 
1443 

1260 

1344,  as  amended  by  acts  of  May 
21,  1874  (18  Stat.,  48);  Mar.  4, 
1915  (Pub.  No.  392,  38  Stat.,—). 
1346,  as  amended  by  act  of  Jan.  19, 
1891  (26  Stat.,  722)... 

1261,  as  amended  by  act  of  May  11. 
1908  (35  Stat    108) 

1262  

1263...  . 

1264 

1347...   ... 

1265  

1347,  as  amended  by  act  of  Mar.  4, 
1915  (Pub.  No.  392,  38  Stat.,—). 
1348,  as  amended  by  act  of  Jan.  19, 
1891  (26  Stat.,  722).  . 

1266 

1268  

1269  

1274 

1349 

1275 

1350.. 

1276,  as  amended  by  act  of  Aug. 
12  1876  (19  Stat    131) 

1350,  as  amended  by  act  of  Mar.  4, 
1915  (Pub.  No  392  38  Stat  ,     ) 

1277 

1351 

1279 

1352  

1287,  as  amended  by  acts  of  July  5, 
1884  (23  Stat.,  110),  and  Mar.  3, 
1885  (23  Stat    359) 

1352,  as  amended  by  act  of  Mar.  4, 
1915  (Pub.  No.  292,  38  Stat.,—). 
1353... 

1288 

1354 

1291  

1355  

1293 

1356 

1294 

1357... 

1295,  as  amended  by  sec.  19,  act  of 
Feb  2  1901  (31  Stat    753) 

1358 

1359  

1296 

1360  ..  . 

1298 

1361  .  .  . 

1299 

1421  

1300 

1437  

1301 

1466  

1302.. 

1619  

1303 

1621  

1304... 

1662  

1306 

1663   . 

1307 

1665 

1308,  as  amended  by  act  of  July  16, 
1892  (27  Stat    178) 

1666  

1669 

1671  

1310 

1753 

1311 

1754  

1312 

1755   

1313... 

1757,  as  amended  by  act  of  June 
6,  1898  (30  Stat.,  432)  

1314  

1314 

1758 

1315,  as  amended  by  sec.  4,  act  of 
June  6,  1900  (31  Stat.,  656)  

1759  

1760 

1761  

1318 

1764 

1319,  as  amended  by  act  of  Mar.  2, 
1901  (31  Stat    911) 

1765  .. 

1766 

1320... 

1773   .    .. 

1321  .  .  , 

1774 

1322 

1775 

1323... 

1777 

1324  

1778  .*. 

1325  

1779 

1326  

1784 

1328  

1791 

1330.... 

1792 

1331  

1793 

1332  

1794 

1333  

1838 

1334  

1841 

1335  

1856           

1336  

1857 

1337  

1860 

1338,  as  amended  bv  act  of  Mar.  2, 
1901  (31  Stat.,  914)  

1977 

1978... 

TABLE   OP   STATUTES   CITED. 

Revised  Statutes — Continued. 


651 


Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Para- 
graph. 

Page. 

Para- 
graph. 

Page. 

1979 

1444 
1445 
1446 
1447 
1448 
1449 
1450 
1451 
1452 
1453 
1454 
1455 
1456 
1050 
1051 

1052 
1396 
1398 
1399 
599 
1400 
1401 
1402 

1403 
1406 
1407 
1409 
1410 
1411 
1412 
1064 
1066 
1268 

1270 

1271 
1272 
1273 
1269 
1053 
221 
222 
223 
238 
240 
181 
180 
248 
403 
404 
184 
399 
400 

415 
416 

203 

224 
225 
226 
227 
228 
229 
230 
231 
232 
233 
234 
235 
236 
185 
388 

540 
540 
541 
542 
542 
542 
543 
543 
543 
543 
543 
544 
54J 
385 
385 

386 
521 
521 
522 
238 
522 
522 
523 

523 

525 
526 
526 
527 
527 
528 
389 
390 
470 

471 

472 
473 
474 
471 
386 
86 
86 
86 
90 
91 
65 
65 
96 
167 
167 
66 
164 
164 

170 
171 

76 
87 

87 
87 
87 
87 
88 
88 
88 
88 
88 
88 
89 
89 
66 
158 

3643 

409 
245 

245 
407 
649 
401 
402 
95 

97 
89 
88 

86 

100 

187 

188 
190 
74 
73 
193 
191 
405 
1196 
1208 

1242 
1243 
1244 
1189 
1238 
1205 
1209 
1241 

1190 
1191 
1194 
1274 
1233 
1218 
1215 

1216 
1211 
1212 
1213 
1214 
1262 
1278 
1201 

93 
1481 
1482 
1483 
1484 
1485 
1486 
1492 
1494 
1495 
1497 
1500 

1501 
1462 

169 

94 

95 
168 
251 
165 
166 
39 

40 
37 
37 

37 

40 
67 

68-70 
71 
33 
33 
72 
71 
167 
435 
441 

459 
459 
459 
432 
458 
440 
441 
458 

433 

434 
434 
474 
456 
447 
444 

444 
443 
443 
443 
444 
469 
476 
439 

38 
555 
556 
556 
557 
557 
558 
560 
561 
561 
561 
563 

564 
445 

1981  

3646,  as  amended  by  act  of  Feb.  23. 
1909  (35  Stat.,  643) 

1981... 

1982. 

3647,  as  amended  by  act  of  Feb.  23, 
1909  (35  Stat.,  643)  

1983  

1984 

1985  

3648... 

1986 

3651  

1987  

3652  

1988 

3662  

1989.    . 

3663,  as  amended  by  act  of  Feb.  27. 
1887  (19  Stat.,  249) 

1990 

1991 

1996 

3665  

1997 

3669,  as  amended  by  acts  of  June 
20,  1874  (18  Stat.,  96,  109,  111); 
Mar.  3,  1875  (18  Stat,  355,  370); 
Aug.  15,  1876  (19  Stat.,  200)  

1998,  as  amended  by  act  of  Aug. 
22,  1912  (37  Stat.,  356)... 
2062  

2063 

3672,  as  amended  by  act  of  Feb.  27, 

1877  (19  Stat.,  249) 

2088 

2110 

3678  

2118 

3679,  as  amended  by  sec.  4,  act  of 
Mar.  3,  1905  (33  Stat.,  1257),  and 
sec.  3,  act  of  Feb.  27,  1906  (34 
Stat,  48) 

2127 

2138.. 

2139,  as  amended!  vact  of  July23, 
1892  (27  Stat.,  260)  
2140 

3681... 

3682  

2141 

3683  

2147 

3690  

2150 

3691  

2151    . 

3692  

2152 

3709  

2166 

3710. 

2174 

3711,  as  amended  by  sec.  6,  act  of 
Mar.  2,  1895  (28  Stat.,  808),  and 
sec.  6,  act  of  Mar.  15,  1898  (30 
Stat,  316)... 

2258.  . 

2304,  as  amende'!  :  v  act  of  Mar.  1. 
1901  (31  Stat  ,  847) 

2305,  as  amended  1  y  act  of  Mar.  1, 
1901  (31  Stat.,  847)  
2308.. 

3712  

3713  

3714  

2309  

3715  

2393 

3716  

2438  

3717  

3466 

3731  

3467      

3732,  as  amended  by  act  of  June 
12,  1906  (34  Stat  ,  255) 

3468 

3469 

3477 

3735... 

3592  3594 

3736 

3595' 

3737  

3614  

3738  

3617 

3741  

3618 

3743,  as  amended  by  act  of  July  31, 
1894  (28  Stat,  210)  
3744 

3620   . 

3620 

3621  .  . 

3745  

3622,  as  amended  hy  acts  of  Feb. 
27,  1877  (19  Stat.,  249),  and  July 
31    1894  (28  Stat     209) 

3746 

3747  

3748 

3623  

3752  

3624,  as  amended  by  sec.  4,  act  of 
July  31.1894  (28  Stat.,  205).... 
3625.. 

3828 

3960,  as  amended  by  act  of  Mar.  3, 
1875  (18  Stat,  370)... 
4692...  

3626  

3627  

4693  

3628 

4694 

3629  

1695  

3630   

4696                .  . 

3632 

4698 

3633  

4699  

3634 

4700 

3635  

4701  

3636     

4703  .  . 

3637 

4707 

3638  

4708,  as  amended  by  sec.  1,  act  of 
Feb.  28,  1903  (32  Stat.,  920)  
4792..., 

3639 

3639.  .  . 

652 


TABLE    OF   STATUTES    CITED. 
Revised  Statutes — Continued. 


Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Para- 
graph. 

Page. 

Para- 
graph. 

Page. 

4814 

1514 

1502 
1505 
1503 
1507, 
1508 
1519 
1515 
1516 
1517 
1521 
1524 

1525 
1303 
1304 
1305 
1308 

1309 
1310 

182 
1476 
1416 
1417 
1418 
1419 

569 

565 
567 
566 
567 
567 
570 
569 
570 
570 
571 
573 

573 
485 
486 

486 
487 

487 
487 

65 
553 
530 
531 
532 
532 

5301  . 

1420 
1421 
142? 
1423 
1424 
14?5 
1426 
1427 
1428 
1429 
1430 
1431 
1432 
1433 
1434 
1435 
1436 
1437 
1438 
1439 
1440 
1441 
1479 
313 
314 
315 
316 
317 

533 
533 
533 
534 
534 
535 
535 
535 
536 
536 
536 
536 
537 
537 
537 
538 
538 
539 
539 
539 
539 
539 
554 
123 
123 
123 
124 
124 

4815,  as  amended  bv  sec.  10,  act  of 
Mar.  3,  1883  (22  Stat.,  565)  
4816 

o'5!)? 

5303  

5301 

4817  

5305  

4818    

530  i  

4819 

5307 

4820  

530S  

4821 

5301  .. 

4822 

5310 

4823.. 

5311  

4824 

5312 

4838  

5313  

4843,  as  amended  by  act  of  Feb.  9, 
1900  (31  Stat  7) 

5314  . 

5315 

4874 

531R... 

4875 

5317 

4877 

5318  

4878 

5319 

4878.  as  amended  bv  act  of  Mar. 
3.  1897  (29  Stat.,  625)  

4882 

5320  

5321 

5322 

5153.  as  amended  by  act  of  Mar. 
3,  1901  (31  Stat.,  1448)  

5577  

5595 

5596  

5297            

5597     

5298 

5600 

5299   

5601  

5300 

TABLE  OF  RELATED  STATUTES. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

Adjutant  General's  Department:  Appointments  in,  from  Volunteers.    Act  Mar.  2, 

1901  (31  Stat.  900). 
Advertising,  unserviceable  equipment  of  Panama  Canal  may  be  sold  without.    See 

Panama  Canal. 
Alaska: 

"Alaska  fund"— 

Collection  of,  United  States  marshal  and  deputies  to  assist.    Sec.  1,  act  of 

May  14,  1906  (34  Stat.  192). 

Derivation  and  use  of.     Sec.  1,  act  of  May  14,  1906  (34  Stat.  192). 
Army  officers,  retired,  duty  as  road  commissioners.    Act  of  Mar.  3,  1911  (36 

Stat.  1052). 
Board  of  Road  Commissioners — 

Army  officers,  retired,  assigned  to  duty  on.     Act  of  Mar.  3, 1911  (36  Stat.  1052). 

Composition,  powers,  duties,  etc.     Sec.  2,  act  of  May  14,  1906  (34  Stat.  192). 

Bridges,  roads,  etc.,  maintained  by  " Alaska  fund."     Sec.  1,  act  of  May  14,  1906 

(34  Stat.  192). 
Bureau  of  Education,  medical  relief  by  employees  of.     Sec.  15,  act  of  Feb.  6, 

1904  (35  Stat.  604). 
Coal  mines,  United  States  option  on  output  of  certain.     Sec.  2,  act  of  May  28, 

1908  (35  Stat.  424). 
Collection  of  license  fees  ("Alaska  fund").     Sec.  1,  act  of  May  14,  1906  (34  Stat. 

192). 
Detail  of  Lieut.  Frederick  Mears  in  connection  with  the  location  and  construction 

of  Government  railroads  in.    Joint  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Emergency  cases,  medical  relief  by  employees  of  Bureau  of  Education  not  in- 
hibited.    Sec.  15,  act  of  Feb.  6,  1909  (35  Stat.  604). 
Fees  from  liquor  and  trade  licenses,  collection  and  use  of.     Sec.  1,  act  of  May  14, 

1906  (34  Stat  192). 
Insane  persons,  provision  for  care  of.     Sec.  1,  act  of  May  14,  1906  (34  Stat.  192)- 

sec.  7,  act  of  Feb.  6,  1909  (35  Stat.  601). 
Licenses,  liquor  and  trade,  collection  and  use  of  fees.     Sec.  1,  act  of  May  14, 1906 

(34  Stat.  192). 
Liquor  licenses,  collection  and  use  of  fees  from.     Sec.  1,  act  of  May  14,  1906 

(34  Stat.  192). 
Medical  relief  by  employees  of  Bureau  of  Education.     Sec.  15,  act  of  Feb.  6, 1909 

(35  Stat.  604). 
Mines,  coal,  certain,  United  States  option  on  output  of.     Sec.  2,  act  of  May  28, 

1908  (35  Stat.  424). 
Public  schools,  supported  by  "Alaska  fund."     Sec.  1,  act  of.  May  14,  1906  (34 

Stat.  192.) 

Retired  Army  officers,  duty  as  road  commissioners.     Act  of  Mar.  3,  1911  (36 
Stat.  1052). 

653 


654  TABLE   OF   BELATED   STATUTES. 

Alaska — Continued. 

Roads,  bridges,  etc.,  maintained  by  " Alaska  fund."     Sec.  1,  act  of  May  14,  1906 

(34  Stat.  192). 
Road  Commissioners,  Board  of — 

Army  officers,  retired,  as  members  of.    Act  of  Mar.  3,  1911  (36  Stat.  1052). 
Composition,  powers,  duties,  etc.     Sec.  2,  act  of  May  14,  1906  (34  Stat.  192). 
Schools,  public,  supported  by  "Alaska  fund."     Sec.  1,  act  of  May  14,  1906  (34 

Stat.  192). 
Trade  and  liquor  licenses,  collection  and  use  of  fees  from.     Sec.  1,  act  of  May  14, 

1906  (34  Stat.  192). 

Aliens,  declaration  of  intention  to  become  citizens  of  United  States.    See  Naturaliza- 
tion. 
American  citizens  in  Europe,  relief,  protection,  and  transportation  of,  made  necessary 

by  existing  political  disturbances,  etc.    See  Europe. 
American  citizens  in  Mexico: 

Relief  and  transportation  of  destitute.    Joint  Res.  No.  10,  Sept.  16, 1913  (38  Stat. 

238). 

Relief  and  transportation  of.    Act  of  April  24,  1914  (38  Stat.  346). 
Anchorage  grounds: 

Secretary  of  War  authorized  to  establish  and  define  in  all  harbors,  rivers,  bays, 

and  other  navigable  waters.    See  Rivers  and  harbors. 

Rules  and  regulations  governing  to  be  enforced  by  Chief  of  Engineers  at  ports  or 
places  where  no  revenue  cutter  is  available,  etc.    See  Rivers  and  harbors. 
Animals,  prevent  cruelty  in  transit.     Act  June  29,  1906  (34  Stat.  607). 
Annual  report,  Chief  of  Engineers.    See  Corps  of  Engineers. 
Annual  reports,  time  for  heads  of  departments  to  submit  to  Public  Printer.    See 

Printing  and  binding. 

Antietam  Battlefield.    See  National  military  parks. 
Appropriations: 

Consolidated  items  for  river  and  harbor  work,  with  aggregate  amount  therefor, 
allotments  to  respective  works,  and  disposition  of  balances  remaining  to  credit 
of  separate  work  or  items,  etc.    See  Rivers  and  harbors. 
Printing  and  binding,  restrictions  on  expenditures  from  allotments  for.    See 

Printing  and  binding. 

Aqueduct  Bridge,  District  of  Columbia  and  Virginia.    See  Corps  of  Engineers. 
Arlington  memorial  amphitheater  and  chapel: 

Authorized.     Sec.  14,  act  Mar.  4,  1913  (37  Stat.  882). 

Commission  designated,  duties,  etc.     Sec.  16,  act  May  30,  1908  (35  Stat.  540). 
Arms: 

Equipment  and,  distribution  to  States.    See  Militia. 
Issue  of  Springfield  rifles  to  States.    See  Militia. 

Ordnance  stores  and,  crediting  for  issues  during  Civil  War.    See  Militia. 
Sale  of,  to  Indians  prohibited.    See  Indians. 
Army: 

Enlistment  in  military  service  of  foreign  Governments,  ministers  of  United 

States  may  issue  writs  to  prevent  American  citizens  from.    See  Neutrality. 
President  authorized  to  employ  all  persons  in  land  and  naval  service  in  connection 

with  Coast  and  Geodetic  Survey  work.     Sec.  4685,  R.  S. 
Women  not  allowed  to  accompany  troops  as  laundresses.    Sec.  5,  act  of  June  18, 

1878  (20  Stat.  150). 

Army  nurses,  pensionable  status.    See  Pensions. 

Army  officers  accountable  for  public  property  to  obtain  certificates  of  nonindebted- 
ness,  etc.,  before  discharge.    See  Public  property. 


TABLE  OF  RELATED  STATUTES.  655 

Army  officers,  detail  of — 

For  topographical  parts  of  Coast  and  Geodetic  Survey  work.    See  Details  of  Army 

officers. 

Allowance  of  subsistence  while  so  detailed.    See  Details  of  Army  officers. 
With  Red  Cross,  Geological  Survey,  etc.    See  Details  of  Army  officers. 
In  connection  with  Indian  education.    See  Deatails  of  Army  officers. 
In  connection  with  Indian  industrial  and  training  schools.    See  Details  of  Army 

officers. 
Active  or  retired,  with  Panama-California  Exposition,   San  Diego,  Cal.    See 

Details  of  Army  officers. 
Active  or  retired,  with  Panama-Pacific  International  Exposition.    See  Details 

of  Army  officers. 

With  Panama-Pacific  International  Exposition  excepted  from  prohibition  against 
details  to  other  service,  allowances  in  lieu  of  transportation  and  mileage,  etc. 
See  Details  of  Army  officers. 
Lieut.  Frederick  Hears  to  assist  in  location  and  construction  of  Government 

railroad  in  Alaska.    Joint  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Army  officers,  grant  leave  of  absence  to  officer  of  Corps  of  Engineers  to  serve  on  recla- 
mation work  in  Republic  of  China.     See  Details  of  Army  officers. 
Army  officers,  Philippine  Islands — 

As  attorneys  and  peace  officers.    See  Philippine  Islands. 

Salary  of,  when  detailed  to  duty  under  insular  government.    See  Philippine 

Islands. 
To  be  justices  of  the  peace  in  connection  with  sale  of  intoxicating  liquors.    See 

Philippine  Islands. 

Army  officers,  retention  of  Maj.  Gen.  Arthur  Murray  on  active  list  of  the  Army  as  an 
additional  officer  and  in  command  of  the  Western  Department  from  Apr.  29,  1915, 
until  the  close  of  the  Panama-Pacific  International  Exposition  Dec.  4,  1915;  and 
the  number  of  major  generals  of  the  line  of  the  Army  on  the  active  list  is  increased 
by  one  during  the  period  named.     Act  of  Mar.  4,  1915  (Pub.  No.  292,  38  Stat.—). 
Army,  Philippine  Islands,  aid  civil  authorities.    See  Philippine  Islands. 
Army  supplies,  sale  of  to  the  militia,  credit  for  proceeds  of.    See  Militia. 
Arrests  of  trespassers,  etc.,  on  Presidio  of  San  Francisco,  civil  police  may  be  called 

upon  to  make.    Act  of  June  4, 1888  (25  Stat.  167). 
Articles  of  War: 

Fort  Bayard  Hospital  subject  to.    See  Medical  Department. 

Inmates  of  National  Homes  for  Disabled  Volunteer  Soldiers  subject  to.    See 

National  Home  for  Disabled  Volunteer  Soldiers. 

Artificial  limbs,  commutation  to  persons  who  can  not  use.    See  Medical  Department. 
Atlantic  &  Pacific  Railroad,  post  route  and  military  road.    See  Transportation. 
Attorneys'  fees,  claims  for  pensions.    See  Pensions. 
Attorneys,  Philippine  Islands,  Army  officers  as  peace  officers  and.    See  Philippine 

Islands. 
Auditor  for  War  Department,  account  of  Isthmian  Canal  Commission  audited  by.    See 

Isthmian  Canal  Commission. 

Board  of  Managers,  National  Home  for  Disabled  Volunteer  Soldiers,  vacancies  in 
membership  of  not  to  be  filled  until  such  board  is  reduced  to  five,  etc.    See  National 
Home  for  Disabled  Volunteer  Soldiers. 
Board  of  Road  Commissioners,  Alaska.    See  Alaska. 
Bridges,  dams,  etc.,  over  navigable  waters.    See  Corps  of  Engineers. 
Bridges,  obstruction  of  navigable  waters  by,  regulations  for  use  of  drawbridges,  etc. 

See  Corps  of  Engineers. 
Building  for  Government  exhibit  on  Presidio  of  San  Francisco  military  reservation 

and  use  of  building  after  exhibit.     See  Panama- Pacific  International  Exhibition. 
California  Debris  Commission.    See  Corps  of  Engineers. 


656  TABLE    OF   RELATED   STATUTES. 

California,  temporary  cession  of  jurisdiction  to  State  of  over  portions  of  Presidio  of 
San  Francisco  and  Fort  Mason  Military  Reservations  during  occupancy  for  exposi- 
tion purposes.    See  Panama-Pacific  International  Exposition. 
Canal  Zone: 

Civil  government  of.     See  Panama  Canal. 

Consolidation  of  Zone  government,  railroad  and  canal  funds.    See  Panama  Canal 
Customs  duties  on  imports  from.    See  Panama  Canal. 
Leases  of  land  in.    See  Isthmian  Canal  Commission. 
Leases  of  public  lands  in.    See  Panama  Canal. 
Naval  radio  stations  on.    See  Panama  Canal. 
Revenues,  distribution  of.    See  Panama  Canal. 

Cession  of  jurisdiction,  temporary,  to  State  of  California  over  portions  of  Presidio 
of  San  Francisco  and  Fort  Mason  Military  Reservations  during  occupancy  for  expo- 
sition purposes.    See  Panama-Pacific  International  Exposition. 
Chickamauga  and  Chattanooga  National  Military  Park.    See  National  military  parks. 
Chief  of  Engineers: 

Annual  report  of.     See  Corps  of  Engineers. 
Draftsmen  in  office  of.    See  Corps  of  Engineers. 

Rules  and  regulations  governing  enforcement  of  anchorage  grounds  in  harbors, 
bays,  etc.,  to  be  enforced  by,  at  ports  or  places  where  no  revenue  cutter  is  avail- 
able, etc.    See  Rivers  and  harbors. 
China,  grant  leave  of  absence  to  officer  of  Corps  of  Engineers  to  assist  Republic  of,  in 

reclamation  work.    See  Details  of  Army  officers. 
Citizenship: 

Children  of  citizens  born  abroad.     Sec.  1993,  R.  S.,  replaced  by  sec.  6,  act  of 

Mar.  2,  1907  (34  Stat.  1229). 
Defined.    Sec.  1992,  R.  S. 
Expatriation,  right  of.    Sec.  1999,  R.  S.,  as  amended  by  sec.  2,  act  of  Mar.  2, 

1907  (34  Stat.  1228). 
Married  women.     Sec.  1994,  R.  S.,  as  amended  by  sec.  3,  act  of  Mar.  2,  1907 

(34  Stat.  1228). 

Naturalized  citizens  protected  in  foreign  States.    Sec.  2000,  R.  S. 
Oregon,  persons  born  in.     Sec.  1995,  R.  S. 
Penalty  for  false  certificate  as  to.    See  Naturalization. 
Pension  claims.    See  Pensions. 
Release  of  citizens  imprisoned  by  foreign  Governments.     Sec.  2001,  R.  S.,  as 

amended  by  sec.  1,  act  of  Mar.  2,  1907  (34  Stat.  1228). 
Widow  and  dependent  children  of  declarant.    See  Naturalization. 
Civil  authorities,  Philippine  Islands: 

Army  to  aid.    See  Philippine  Islands. 

Not  to  interfere  with  military  administration  of  lands  reserved  for  military  pur- 
poses.   See  Philippine  Islands. 
Civil  government,  Canal  Zone.    See  Panama  Canal. 

Civil  office,  military  employees  not  to  hold  or  exercise  duties  of  United  States  commis- 
sioner.    Sec.  20,  act  of  May  28,  1896  (29  Stat.  184). 
Civil  service,  pension  withheld,  payment  of.    See  Pensions. 

Civil  service,  Philippine  Islands,  scope  and  effect  of  act,  etc.     See  Philippine  Islands. 
Civil  War: 

Memorial  monument  to  commemorate  the  women  of  the.  Contributions  by  the 
Government' for  site  and  building;  commission  to  approve  site  and  plans  and 
to  supervise  expenditures;  Commission  of  Fine  Arts  also  to  approve  plans; 
memorial  to  be  permanent  headquarters  of  the  American  Red  Cross;  and  Amer- 
ican Red  Cross  to  be  charged  with  and  responsible  for  care,  keeping,  and  main- 
tenance of  memorial  and  grounds,  but  title  to  site  and  building  to  be  in  United 
States.  Act  of  Oct.  22,  1913  (38  Stat.  233). 
Militia,  crediting  for  arms  and  ordnance  stores  issued  during.  See  Militia. 


TABLE  OF  RELATED  STATUTES.  657 

Coaling  and  naval  stations  in  Cuba.     See  Cuba. 

Coal  mines,  Alaska,  United  States  option  on  output  of  certain.     See  Alaska. 

Coast  and  Geodetic  Survey: 

Detail  of  Army  officers  for  topographical  parts  of  work.    See  Details  of  Army  officers. 

Allowance  of  subsistence  while  so  detailed.    See  Details  of  Army  officers. 
President  authorized  to  employ  all  persons  in  land  and  naval  service  in  connec- 
tion with  work  of.     See  Army. 
Coastwise  vessels: 

Exemption  from  tolls  of  Panama  Canal  repealed.     See  Panama  Canal. 
Philippine  Islands,  licenses  to  harbor  vessels  and.     See  Philippine  Islands. 
Colombia,  Republic  of,  right  of  way  from.     See  Panama  Canal. 
Colored  and  Indian  soldiers,  widows  of.    See  Pensions. 
Commission  of  Fine  Arts: 

Appropriations  for  expenses  of.     Act  June  25,  1910  (36  Stat.  728);  act  Aug.  24, 

1912  (37  Stat.  445). 
Approve  plans  for  the  memorial  moriument  to  commemorate  the  women  of  the 

Civil  War.     Act  of  Oct.  22,  1913  (38  Stat.  233). 
Established;   members;   appointment;   duties;   expenses.     Act  May  17,  1910  (36 

Stat.  371). 
George  Washington  memorial  building  plans  to  be  approved  by.     Sec.  10,  act 

Mar.  4,  1913  (37  Stat.  881). 
Commissioners  of  the  District  of  Columbia,  appointment  of  civil  commissioners,  etc. 

See  Corps  of  Engineers. 
Commissioners,  United  States,  military  employees  not  to  hold  or  exercise  duties  of. 

See  Civil  office. 
Common  carriers: 

Duties  of,  with  respect  to  animals  in  transit.     Act  June  29,  1906  (34  Stat.  607). 
Military  stores — loss  or  damage;  moneys  credited  to  proper  appropriations.     Act 

Mar.  2,  1905  (33  Stat.  840). 
Commutation,  payment  to  persons  who  can  not  use  artificial  limbs.     See  Medical 

Department. 

Confederate  dead,  marking  graves  of  in  all  national  cemeteries  and  cemeteries  at 
Federal  military  stations  or  locations  throughout  the  country.  See  Marking  graves 
of  Confederate  dead. 

Contracts  and  purchases.    See  Corps  of  Engineers. 
Corps  of  Engineers: 

Alabama,  certain  rivers  in,  free  from  tolls.     Sec.  5244,  R.  S. 
Annual  report,  Chief  of  Engineers.     Sec.  8,  act  of  Aug.  11,  1888  (25  Stat.  400). 
Aqueduct  Bridge,  regulations  for  use  of.    Act  of  Mar.  3,  1875  (18  Stat.  393). 
Bridges,  dams,  etc.,  over  navigable  waters.    Sec.  9,  act  of  Mar.  3,  1899  (30  Stat. 

1150). 
California  Debris  Commission — 

Annual  report.     Sec.  7,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Appropriations  by  State,  receipt  and  use  of.     Act  of  July  1, 1898  (30  Stat.  631) . 
Compensation  of  employees  of.     Sec.  4,  act  of  Mar.  3,  1899  (30  Stat.  1150). 
Conditions  as  to  commencing  operations.     Sec.  15,  act  of  Mar.  1,  1892  (27 

Stat.  507). 

Conditions,  violation  of,  forfeiture.     Sec.  19,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Creation  of,  appointments  to.     Act  of  Mar.  1,  1892  (27  Stat.  507). 
Debris  fund — 

Appropriations  from,  restraining  works.     Sec.  25,  act  of  Mar.  1,  1892  (27 
Stat.  507). 

Created,  expenditures  by  commission.    Sec.  23,  act  of  Mar.  1,  1892 
(27  Stat.  507). 

48985°— 15 42 


658  TABLE  OF  RELATED  STATUTES. 

Corps  of  Engineers — Continued . 

California  Debris  Commission — Continued. 

Debris  washed  away,  limit  of.     Sec.  17,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Decisions  of,  within  30  days.     Sec.  13,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Dumping  ground— 

Expenses  for  constructing,  allotment  of.     Sec.  16,  act  of  Mar.  1,  1892 

(27  Stat.  507). 
Petition  for,  contents,  etc.     Sees.  10  and  11,  act  of  Mar.  1,  1892  (27  Stat. 

507). 

Duties,  plans.     Sec.  4,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Employees,  compensation,  appointment.     Sec.  4,  act  of  Mar.  3,  1899  (30  Stat. 

1150). 
Funds  appropriated  by  State,  United  States  Treasurer  to  receive.     Act  of 

June  3,  1896  (29  Stat.  232). 
Hydraulic  mines — 

Petition  must  be  filed  with  commission.     Sec.  23,  act  of  Mar.  1,  1892  (27 

Stat.  507). 

Tax  on  gross  proceeds.     Sec.  23,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Hydraulic  mining — 

Navigable  waters,  injuring,  penalty.     Sec.  22,  act  of  Mar.  1,  1892  (27 
Stat.  507). 
And  ''Mining  by  hydraulic  process"  defined.     Sec.  8,  act  of  Mar.  1, 

1892  (27  Stat.  507). 

Injury  to  works,  penalty.     Sec.  22,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Jurisdiction.     Sec.  3,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Labor,  hired,  work  may  be  done  by.    Act  of  Mar.  3,  1899  (30  Stat.  1148). 
Mines — 

Plans  of,  supervision,  etc.     Sec.  14,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Petition,  notice  of,  to  be  published.     Sec.  12,  act  of  Mar.  1,  1892  (27 

Stat.  507). 

Visiting,  inspection.     Sec.  20,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Navigable  channels,  noting  condition  of.     Sec.  6,  act  of  Mar.  1,  1892  (27  Stat. 

507). 

Orders,  modifications,  etc.     Sec.  18,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Public  lands  and  material,  use  of.     Sec.  21,  act  of  Mar.  1,  1892  (27  Stat.  507). 
Kecommendations  of,  appropriations.     Sec.  25,  act  of  Mar.  1,  1892  (27  Stat. 

507). 
Sites,  storage,  for  debris,  etc.,  survey  of.     Sec.  5,  act  of  Mar.  1,  1892  (27 

Stat.  507). 
State  commissioner  of  engineers,  commission  may  consult  with.     Sec.  24, 

act  of  Mar.  1,  1892  (27  Stat.  500). 
Works,  state  to  pay  contractor  one-half  cost.     Act  of  Mar.  3,  1899  (30  Stat. 

1148). 
Canals — 

Operation  of,  tolls,  ete.     Sec.  4,  act  of  July  5,  1884  (23  Stat.  147). 
Regulations  for  navigation  of,  to  be  posted.     Sec.  4,  act  of  Aug.  17,  1894 

(28  Stat.  362). 

Cinore  River,  Mo.,  not  navigable.     Act  of  Mar.  23,  1900  (31  Stat.  50). 
Civil  engineers — 

Employment  of.     Sec.  5253,  R.  S. 

Names  of  employed  to  be  reported  to  Congress.     Sec.  8,  act  of  Aug.  5,  1886 
(24  Stat.  335). 


TABLE  OF  RELATED  STATUTES.  659 

Corps  of  Engineers — Continued. 

Commissioners  of  the  District  of  Columbia — 

Appointment  of  civil  commissioners.     Sec.  2,  act  of  June  11,  1878  (20  Stat. 

103). 
Engineer  commissioner — 

Assistants  (three),  authorized.     Act  of  Aug.  7,  1894  (26  Stat.  246). 
Authorization  of.     Act  of  June  11,  1878  (20  Stat.  103). 
Compensation.     Act  of  Mar.  3,  1881  (21  Stat.  460). 
Qualifications,  etc.    Joint  res.  7,  Dec.  24,  1890  (26  Stat.  1113). 
Estimates  of.    Act  of  June  11,  1878  (20  Stat.  104). 
Powers,  limitation.     Act  of  June  10,  1879  (21  Stat.  9). 
Salary.     Sec.  2,  act  of  June  11,  1878  (20  Stat.  103). 
Wharf  property,  control  of.     Act  of  Mar.  3,  1899  (30  Stat.  1377). 
Consolidated  items  of  river  and  harbor  work  with  aggregate  amount  appropriated 
therefor,  allotments  to  respective  works,  and  disposition  of  balances  remain- 
ing to  credit  of  separate  works  or  items,  etc.     Sec.  3,  act  of  Mar.  4,  1915  (Pub. 
No.  291,  38  Stat.  — ). 
Contracts  and  purchases — 

Application  of  appropriations.     Sec.  3,  act  of  Aug.  11,  1888  (25  Stat.  423). 
Lands,  condemnation  and  purchase  of.     Act  of  Apr.  24,  1888  (25  Stat.  94). 
Des  Moines  River,  free  from  tolls.     Sec.  5246,  R.  S. 

Donation  of  funds  to  be  expended  with  public  funds  for  improvement  of  rivers 
and  harbors,  Secretary  of  War  authorized  to' receive  from  private  parties.  Sec. 
4,  act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 

Draftsmen,  etc.,  in  office  Chief  of  Engineers.     Act  of  May  28,  1896  (29  Stat.  163). 
Dredging,  restriction  on.     Sec.  5,  act  of  July  13,  1892  (27  Stat.  111). 
Establish  anchorage  grounds  in  all  harbors,  rivers,  bays,  and  other  navigable 
waters,  Secretary  of  War  authorized  to  define  and.     Sec.  7,  act  of  Mar.  4,  1915 
(Pub.  No.  291,  38  Stat.  — ). 

Rules  and  regulations  governing  to  be  enforced  by  the  Chief  of  Engineers  at 
ports  or  places  where  no  revenue  cutter  is  available,  etc.     Sec.  7,  act  of 
Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 
Executive  Mansion — 

Furniture  for.     Sec.  1829,  R.  S. 

Inventory  of  property  in.     Act  of  Apr.  17,  1900  (31  Stat.  97). 
Fishways,  authority  for  construction  of.     Sec.  11,  act  of  Aug.  11,  1888  (25  Stat. 

425). 
Fortifications — 

Injuries  to  mines,  torpedoes,  etc.     Act  of  July  7,  1898  (30  Stat.  717). 
Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returned  to  repre. 
sentatives  of  contributing  interests  upon  approval  of  Secretary  of  War,  etc. 
Sec.  4,  act  of  Mar.  4,  1915  (38  Stat.  — ). 
Grant  leave  of  absence  to  officer  of  to  assist  Republic  of  China  in  reclamation 

work.     See  Details  of  Army  officers. 
Harbor  lines — 

Establishment  of,  by  Secretary  of  War.     Sec.  11,  act  of  Mar.  3,  1899  (30 

Stat.  1151). 

Extensions,  permits  for.     Sec.  11,  act  of  Mar.  3,  1899  (30  Stat.  1151). 
Harbor  regulations  for  the  District  of  Columbia — 

Deposits  on  shores  of  Potomac  River  prohibited.     Act  of  May  19,  1896  (2g 

Stat.  126). 
Deposits  in  Potomac  River,  unlawful,  forbidden.     Sec.  2,  act  of  May  19,  1896 

(29  Stat.  126). 
Establisliment  of  harbor  lines.     Sec.  3,  act  of  Mar.  3,  1899  (30  Stat.  1378). 


660  TABLE  OF  RELATED  STATUTES. 

Corps  of  Engineers — Continued. 

Harbor  regulations  for  the  District  of  Columbia — Continued. 
Limitation  of.     Sec.  4,  act  of  May  19,  1896  (29  Stat.  126). 
Violation  of,  penalty.     Sec.  3,  act  of  May  19,  1896  (29  Stat.  126). 
Injury  to  public  works  (see  sub-head  Public  works). 
Iowa  River,  portion  declared  not  navigable.     Sec.  5248,  R.  S. 
Isthmian  Canal  Commission — 

Duties.     Sec.  3,  act  of  Mar.  3,  1899  (30  Stat.  1150). 
Funds  for  support  of.     Sec.  5,  act  of  Mar.  3,  1899  (30  Stat.  1150). 
Investigations,  report  of.     Sec.  6,  act  of  Mar.  3,  1899  (30  Stat.  1150). 
Lighthouses — 

Contracts  for  erection  of.     Acts  of  Aug.  31,  1852  (10  Stat.  120);  Mar.  2,  1867 

(14  Stat.  452). 

Inspectors.     Sec.  4671,  R.  S. 

Superintendents  of  construction,  etc.     Sec.  4664,  R.  S. 
Lighthouse  Board — 

Compensation  of  officers  on.     Sec.  4679,  R.  S. 
Members  not  to  be  interested  in  contracts.     Sec.  4680,  R.  S. 
Organization.     Sec.  4653,  R.  S. 

Louisiana,  navigable  rivers  in,  public  highways.  Sec.  5251,  R.  S. 
Maquoketa  River,  construction  of  bridges  across.  Sec.  5250,  R.  S. 
Missouri  River  Commission — 

Creation;  composition;  duties.     Act  of  July  5,  1884  (23  Stat.  144). 
Expenditure  of  appropriations,  supervision  of.     Act  of  July  5,  1884  (23  Stat. 

144). 
Mississippi  River— 

Snagboats,  operation  of,  on  upper  Mississippi.     Sec.  7,  act  of  Aug.  11,  1888 

(25  Stat.  424). 
South  Pass- 
Location  and  extent  of,  regulations  for  navigation  of.     Sec.  5,  act  of 
Aug.  11,  1888  (25  Stat.  424);  sec.  3,  act  of  Sept.  19,  1890  (26  Stat.  452). 
Surveys,  appropriations  for  made  permanent.     Sec.  4,  act  of  Aug.  11, 

1888  (25  Stat.  424). 
Material  for  improvements,  how  obtained.     Sec.  6,  act  of  July  5,  1884  (23 

Stat,  148). 
Piers  and  cribs.     Sec.  5254,  R.  S.,  as  amended  by  act  of  May  1,  1882  (22  Stat. 

52). 

Water  gauges  on,  and  tributaries.     Sec.  5252,  R.  S. 
Mississippi  River  Commission — 

Creation,  composition.     Act  of  June  28,  1879  (21  Stat.  37). 
Duties,  report.     Sees.  3,  4,  and  5,  act  of  Feb.  18,  1901  (31  Stat.  792). 
Headquarters,  location  general  office.     Act  of  Feb.  18,  1901  (31  Stat.  792). 
Secretary,  detail  of  Engineer  officer  as.     Act  of  Feb.  18,  1901  (31  Stat.  792). 
Muskingum  River,  Ohio,  relief  of  lessees  on  whose  property  was  destroyed  by 

Ohio  Valley  flood  of  March,  1913.     Act  of  Aug.  1,  1914  (38  Stat.  637). 
Navigable  waters  of  the  United  States — 

Alabama,  certain  rivers  in  free  of  tolls.     Sec.  5244,  R.  S. 

Cinore  River,  Mo.,  not  navigable.     Act  of  Mar.  23,  1900  (31  Stat.  50). 

Deposits  in.     Sec.  13,  act  of  Mar.  3,  1899  (30  Stat.  1152). 

Des  Moines  River,  free  from  tolls.     Sec.  5246,  R.  S. 

Drawbridges,  regulations  for  use  of.     Sec.  5,  act  of  Aug.  17, 1894  (28  Stat.  362). 

Iowa  River,  not  navigable.     Sec.  5248,  R.  S. 

Louisiana,  navigable  rivers  in;  public  highways.     Sec.  5251,  R.  S. 

Maquoketa  River,  construction  of  bridges  across.     Sec.  5250,  R.  S. 


TABLE  OF  RELATED  STATUTES.  661 

Corps  of  Engineers — Continued. 

Navigable  waters  of  the  United  States — Continued. 

Obstruction  of,  by  bridges,  etc.     Sec.  18,  act  of  Mar.  3,  1899  (30  Stat.  1153). 
Public  works,  unauthorized  use  of.     Sec.  14,  act  of  Mar.  3, 1899  (30  Stat.  1152). 
Within  public  lands  to  be  public  highways.     Sec.  2476,  R.  S. 
Navigation,  obstructions  to — 

Drawbridges,  regulations  for  operation  of.     Sec.  5,  act  of  Aug.  17,  1894  (28 

Stat.  362). 
Floating  logs,  rafts,  etc.,  regulations  for.     Sec.  2,  act  of  May  9,  1900  (31  Stat. 

172). 
Penal  clauses — 

Anchoring  vessels,  etc.     Sec.  15,  act  of  Mar.  3,  1899  (30  Stat.  1152). 
Dumping  refuse,  etc.     Sec.  16,  act  of  Mar.  3,  1899  (30  Stat.  1152). 
Enforcement  of,  Department  of  Justice  to  conduct  proceedings.     Sec.  17, 

act  of  Mar.  3,  1899  (30  Stat.  1153). 

Miscellaneous  obstructions.  "Sec.  12,  act  of  Mar.  3,  1899  (30  Stat.  1151). 
Prohibited.     Sec.  10,  act  of  Mar.  3,  1899  (30  Stat.  1151). 
Sunken  vessels.     Sec.  19,  act  of  Mar.  3,  1899  (30  Stat.  1154). 
Wrecks,  removal  of,  appropriation.     Sec.  20,  act  of  Mar.  3, 1899  (30  Stat.  1154). 
New  York  Harbor — 

Boats  to  carry  name,  etc.,  painted.     Sec.  3,  act  of  Aug.  18, 1894  (28  Stat.  360). 
Bribing  inspector  or  other  officer,  penalty.     Sec.  3,  act  of  Aug.  18,  1894  (28 

Stat.  360). 

Dredged  matter,  disposal  of.     Sec.  4,  act  of  June  29, 1888  (25  Stat.  210). 
Dumping — 

At  unauthorized  places,  penalty.     Sec.  3,  act  of  June  29,  1888  (25  Stat. 

209)  as  amended  by  sec.  3,  act  of  Aug.  18,  1894  (28  Stat.  360). 
Deposits,  injurious,  forbidden;  penalty.     Sec.  3,  act  of  Aug.  5,  1886  (24 

Stat.  329);  sec.  1,  act  of  June  29,  1888  (25  Stat.  209). 

Permits  for,  return  of,  penalty.     Sec.  3,  act  of  Aug.  18, 1894  (28  Stat.  360). 

Supervisior  to  designate  place  of,  permits.     Sec.  3,  act  of  June  29,  1888 

(25  Stat.  209);  as  amended  by  sec.  3,  act  of  Aug.  18, 1894  (28  Stat.  360). 

Fishing  in  ship  channels  forbidden,  penalty.     Sec.  2,  act  of  Aug.  17,  1894  (28 

Stat.  360). 
Inspectors,  duties,  arrests,  procedure,  etc.     Sec.  3,  act  of  Aug.  18,  1894  (28 

Stat.  360). 

Supervisor,  appointment,  duties.     Sec.  5,  act  of  June  29,  1888  (25  Stat.  210). 
Violation  of  act  relating  to — 

Punishment  of  officer  of  boat.     Sec.  2,  act  of  June  29,  1888  (25  Stat.  209). 

Proceedings,  arrests,  process.     Sec.  2,  act  of  Aug.  17,  1894  (28  Stat.  360). 

Obstructions  to  navigation.    See  Navigation,  obstructions  to  (under  Corps  of 

Engineers). 
Potomac  Park — 

Ailanthus  trees,  purchase  of.     Sec.  1830,  R.  S. 

Bank  of  the  Potomac,  control  of.     Act  of  Mar.  3,  1899  (30  Stat.  1106). 
Canal  spaces  added  to  park  system,  etc.     Act  of  Aug.  1,  1914  (38  Stat.  633). 
Made  part  of  park  system.     Act  of  Aug.  1,  1914  (38  Stat.  634). 
Permits  by  Secretary  of  War  to  occupy  reservations,  etc.,  in  connection 
with  forty-ninth  encampment  of  the  G.  A.  R.     See  Grand  Army  of  the 
Republic. 

Playground  for  children.     Act  of  Aug.  30,  1890  (26  Stat.  371). 
Regulations  for  control  of.     Sec.  2,  act  of  Mar.  3,  1899  (30  Stat.  1106). 
Restrictions  on  lagoons  or  speedways  in.     Act  of  Aug.  1,  1914  (38  Stat.  634). 
Trees,  plants,  etc.,  to  be  propagated.     Act  of  June  20,  1878  (20  Stat.  220). 
Watchmen  to  have  police  power.     Act  of  Aug.  5,  1882  (22  Stat.  257). 


662  TABLE    OF   RELATED   STATUTES. 

Corps  of  Engineers — Continued. 
Public  buildings  and  grounds: 

Chief  of  Engineers  to  have  charge  of.     Sec.  1797,  R.  S. 
Employees.     Sec.  1799,  R.  S.;  act  of  Jan.  20,  1874  (18  Stat.  4). 
Estimates  and  appropriations  for.     Sec.  1798,  R.  S. 
Reports  of  Superintendent  of.     Sec.  1812,  R.  S. 

Public  works,  unauthorized  use  of.     Sec.  14,  act  of  Mar.  3, 1899  (30  Stat.  1152). 
Public  works,  injury  to,  amendment  of  act,  civil  actions  not  affected.     Sees.  3 

and  4,  act  of  May  9,  1900  (31  Stat.  172). 

Report,  annual,  Chief  of  Engineers.     Sec.  8,  act  of  Aug.  11,  1888  (25  Stat.  400). 
River  and  harbor  works: 

Preliminary  surveys,  estimates,  reports.     Act  of  Aug.  2,  1882  (22  Stat.  213). 
Reports  of  deterioration.     Sec.  7,  act  of  Mar.  3,  1899  (30  Stat.  1150). 
Statistics,  commercial,  to  be  supplied  superintendents.    Act  of  Feb.  21, 

1891  (26  Stat.  766). 

Surveys,  restriction  on,  etc.     Sec.  2,  act  of  Mar.  3,  1899  (30  Stat.  1149). 
Secretary  of  War  authorized  to  appoint  a  board  of  three  officers  from,  to  examine 
and  appraise  the  value  of  the  work  and  franchises  of  the  East  Coast  Canal  from 
the  St.  Johns  River  to  Key  West,  Fla.,  with  reference  to  purchasing  the  canal 
and  the  construction  by  the  Government  of  a  free  and  open  waterway,  etc. 
Sec.  15,  act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 
South  Pass,  Mississippi  River;  regulations  for  navigation  of.     Sec.   5,  act  of 

Aug.  11,  1888  (25  Stat.  424);  sec.  3,  act  of  Sept.  19,  1890  (26  Stat.  452). 
Washington  Aqueduct: 

Appropriations  for,  how  expended.     Sec.  1802,  R.  S. 
Chief  of  Engineers — 

To  have  charge  of.    Sec.  1800,  R.  S. 
To  receive  no  extra  compensation.    Sec.  1807,  R.  S. 
To  be  supplied  offices,  stationery,  etc.    Sec.  1808,  R.  S. 
To  regulate  water  supply.     Sec.  1810,  R.  S. 

Decisions  of;  right  of  appeal  to  Secretary  of  War.     Sec.  1811,  R.  S. 
Reports  of,  as  superintendent  of  Washington  Aqueduct.     Sec.  1812,  R.  S. 
Miscellaneous  provisions: 

Diversion  of  water  prohibited.     Act  of  Mar.  3,  1893  (27  Stat.  544). 
Maliciously  making  water  impure.     Sec.  1806,  R.  S. 
Pipes  for  use  of  public  buildings.     Sec.  1805,  R.  S. 
Unauthorized  opening  of  pipes;  penalty.     Sec.  1803,  R.  S. 
Use  of  water  in  public  buildings.     Act  of  Mar.  3,  1883  (22  Stat.  615). 
Willful  breaking  of  pipes;  penalty.     Sec.  1804,  R.  S. 
Record  of  property  to  be  kept.     Sec.  1809,  R.  S. 
Regulations  may  be  prescribed  by  President.     Sec.  1801,  R.  S. 
Superintendent : 

Lands  about  reservoir  under  control  of.     Act  of  Mar.  3, 1875  (18  Stat.  393). 
Reports  of.    Sec.  1812,  R.  S. 
Washington  Monument: 

Care  and  maintenance.     Act  of  Oct.  2,  1888  (25  Stat.  533). 

Employees;  extra  pay  prohibited.     Sec.  1835,  R.  S. 

Joint  commission  dissolved.     Act  of  Oct.  2,  1888  (25  Stat.  533). 

Washington  National  Monument  Society   continued.    Act  of  Oct.  2,  1888 

(25  Stat.  533). 

Costa  Rica,  concessions  from.     See  Panama  Canal. 
Courts-martial : 

Accused  may  testify  before.     See  Military  tribunals. 
Closed  sessions  at  trials  before.     See  Military  tribunals. 


TABLE  OF  RELATED  STATUTES.  663 

Courts-martial — Continued. 

Reporters,  employment  of.     See  Military  tribunals. 
Punishment  of  spies.    See  Military  tribunals. 

Witnesses,  attendance  of,  refusal  to  testify.     See  Military  tribunals. 
Cuba: 

Commercial  treaty  with,  not  affected  by  customs  act.     Sec.  3,  act  of  Aug.  5,  1909 

(36  Stat.  83). 
Concessions  not  to  be  granted  by  United  States,  during  occupation.     Act  of  Mar.  3, 

1899  (30  Stat.  1074). 

Cuban  vessels  in  United  States  ports,  rights  of.     Act  of  Feb.  10, 1900  (31  Stat.  27). 
Establishment  of  commission  to  adjudicate  claims  against  Spain.     Act.  of  Mar.  2, 

1901  (31  Stat.  877). 

Imports  from,  reduction  in  duties  on.     Act  of  Dec.  17,  1903  (33  Stat.  3). 
Independence  of,  recognized.     Joint  Res.  No.  24,  Apr.  20,  1898  (30  Stat.  738). 
Intervention  by  United  States,  authorized.    Act  of  Mar.  2,  1901  (31  Stat.  895). 
Isle  of  Pines,  title  to.     Act  of  Mar.  2,  1901  (31  Stat.  895). 
Public  debt  of,  restrictions  on.     Act  of  Mar.  2,  1901  (31  Stat.  895). 
Ratification  of  acts  of  United  States  during  occupancy.    Act  of  Mar.  2,  1901 

(31  Stat.  895). 

Relinquishment  of  control  of,  by  United  States.     Act  of  Mar.  2, 1901  (31  Stat.  895). 
Sales  of  rifles  and  ordnance  to,  permitted.     Act  of  Mar.  23,  1910  (36  Stat.  261). 
Sanitation.    Act  of  Mar.  2,  1901  (31  Stat.  895). 

Stations,  coaling  and  naval,  of  United  States.     Act  of  Mar.  2,  1901  (31  Stat.  895). 
Treaties  of,  restrictions  on.     Act  of  Mar.  2,  1901  (31  Stat.  895). 
Treaty  with  United  States  to  embody  certain  provisions.     Act  of  Mar.  2,  1901 

(31  Stat.  895). 

Customs  duties,  imports  from  Canal  Zone.     See  Panama  Canal. 
Dams,  bridges,  etc.,  over  or  across  navigable  waters.     See  Corps  of  Engineers. 
D6bris  Commission,  California.     See  Corps  of  Engineers. 
Department  of  the  Interior: 

Establishment  of.     Sec.  437,  R.  S. 

General  powers  and  duties  of  the  Secretary.     Sec.  441,  R.  S. 
Powers  and  duties  of  Secretary  in  relation  to  Territories.     Sec.  442,  R.  S. 
Details  of  Army  officers: 

Accept  position  under  Government  of  Greater  Republic  of  Central  America. 

Joint  Res.  No.  23,  Mar.  3,  1897  (29  Stat.  704). 
Active  or  retired  with  Panama-California  Exposition,  San  Diego,  Cal.     Act  of 

Jan.  15,  1915  (Pub.  Res.  No.  62,  38  Stat.  — ). 
Active  or  retired  with  the  Panama-Pacific  International  Exposition.     Act  of 

Mar.  4,  1915  (Pub.  No.  292,  38  Stat.  — ). 
Alaskan  railroads.     Lieut.  Frederick  Mears  to  assist  in  location  and  construction 

of.    Joint  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Coast  and  Geodetic  Survey  work,  topographical  parts  of.     Sec.  4684,  R.  S. 

Allowance  of  subsistence  while  so  detailed.     Sec.  4688,  R.  S. 
Engineer  officers  to  assist  Mississippi  River  Commission.     Sees.  3  and  6,  act  of 

June  28,  1879  (21  Stat.  38). 
Engineer  officers  to  assist  Missouri  River  Commission.     Act  of  July  5. 1884  (23  Stat. 

144). 

Engineer  officers  to  superintend  construction  of  lighthouses.     Sec.  4664,  R.  S. 
Grant  leave  of  absence  to  officer  of  Corps  of  Engineers  to  assist  Republic  of  China 

on  reclamation  work  of  the  Huai  River;  termination  of  detail,  pay  during  ab- 
sence, etc.    Joint  Res.  No.  18,  May  22,  1914  (38  Stat.  772). 
Indian  education.     Sec.  7,  act  of  June  23,  1879  (21  Stat.  35). 
Indian  industrial  and  training  school.     Act  of  July  31,  1882  (22  Stat.  181). 


664  TABLE   OF   BELATED  STATUTES. 

Details  of  Army  officers — Continued. 

Medical  officer  with  Bed  Cross.    Act  of  Mar.  3,  1911  (36  Stat,  1041). 
Ordnance  officers  for  Geological  Survey.     Act  of  June  16,  1880  (21  Stat.  274). 
Panama-Pacific  International  Exposition,  prohibition  against  details  to  other 
service  not  applicable  to,  allowances  for  in  lieu  of  transportation  and  mileage, 
etc.    Act  of  June  23,  1913  (38  Stat.  76). 
Discharge,  Army  officers  accountable  for  public  property  to  obtain  certificates  of 

nonindebtedness  before.     See  Public  property. 
District  of  Columbia: 

Appointment  of  commissioners,  estimates,  etc.     See  Corps  of  Engineers. 

Burial  of  ex-Union  soldiers  in  Arlington  or  other  cemeteries  in.     See  National 

cemeteries. 

Filled  canal  spaces  in  added  to  park  system.     See  Corps  of  Engineers. 
Harbor  regulations  for.     See  Corps  of  Engineers. 
Potomac  Park,  made  part  of  the  park  system.    See  Corps  of  Engineers. 

Playground  for  children,  regulations  for  control  of,  etc.     See  Corps  of  Engineer. 
Restrictions  on  lagoons  or  speedways  in.     See  Corps  of  Engineers. 
Subsistence  allowances  to  persons  traveling  on  official  business  outside  of.     Sec. 

13,  act  of  Aug.  1,  1914  (38  Stat.  680). 
Wharf  property,  control  of.     See  Corps  of  Engineers. 
District  of  Columbia  militia: 

Authority  to  make  contracts,  etc.     See  Militia. 

Deduction  of  pay  to  reimburse  for  loss  of  public  property,  etc.    See  Militia. 
Purchase  of  supplies,  etc.     See  Militia. 

District  of  Columbia  Naval  Militia,  authorization  of,  etc.     See  Militia. 
Donation  of  funds: 

Contributed  to  be  expended  with  public  funds  for  improvement  of  rivers  and 
harbors,  Secretary  of  War  authorized  to  receive  from  private  parties.  See 
Rivers  and  harbors. 

Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returned  to  representa- 
tives of  contributing  interests  upon  approval  of  Secretary  of  War,  etc.  See 
Rivers  and  harbors. 

Draftsmen  in  office  of  the  Chief  of  Engineers.     See  Corps  of  Engineers. 
East  Coast  Canal,  Secretary  of  War  authorized  to  appoint  a  board  of  three  officers  from 
the  Corps  of  Engineers  to  examine  and  appraise  the  value  of  the  work  and  fran- 
chises of  the  canal  from  the  St.  Johns  River  to  Key  West,  Fla.,  with  reference  to 
its  purchase  by  the  Government  and  the  construction  of  a  free  and  open  water- 
way, etc.     Sec.  15,  act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 
Employees,  Government  Printing  Office,  not  to  be  detailed  in  other  branches  of 

service.    See  Printing  and  binding. 
Employment  of  military  force: 

Remove  and  destroy  unlawful  inclosures  of  public  lands.     Sec.  5,  act  of  Feb.  25, 

1885  (23  Stat.  322). 

Timber,  felling;  unlawful  inclosures.     Sec.  2460,  R.  S. 
Trespassers,  removal.     Sec.  1,  act  of  Mar.  3,  1807  (2  Stat.  445). 
Trespasser  intrusion  in  General  Grant  National  Park,  Sequoia  National  Park,  or 
Yosemite  National  Park  for  purpose  of  destroying  the  game  or  objects  of  curi- 
osity therein.     Act  of  June  6,  1900  (31  Stat.  618). 

Treason.     Sees.  1,  2,  3,  4,  5,  6,  7,  and  8,  act  of  Mar.  4, 1909  (35  Stat.  1088). 
Engineer  Corps.     See  Corps  of  Engineers. 
Engineer  officers,  detail  of  to  assist  Mississippi  and  Missouri  River  Commissions,  etc. 

See  Details  of  Army  officers. 

Enlisted  men,  President  authorized  to  employ  all  persons  in  land  and  naval  service 
in  connection  with  Coast  and  Geodetic  Survey  work.    See  Army. 


TABLE  OF  RELATED  STATUTES.  665 

Enlistments,  foreign  Governments,  ministers  of  United  States  may  issue  writs  to  pre- 
vent American  citizens  from  entering  military  service.    See  Neutrality. 
Estimates: 

National  Homes  for  Disabled  Volunteer  Soldiers.  See  National  Homes  for  Dis- 
abled Volunteer  Soldiers. 

Panama  Canal,  Canal  Zone,  etc.,  to  be  submitted.    See  Panama  Canal. 
Europe: 

Relief,  protection,  and  transportation  of  American  citizens  in,  made  necessary  by 
existing  political  disturbances,  etc.  Joint  Res.  No.  30,  Aug.  3,  1914  (38  Stat. 
776). 

Relief,  protection,  and  transportation  of  American  citizens  in,  made  necessary 
by  existing  political  disturbances,  etc.     Use  of  officers,  employees,  and  vessels 
of  United  States  and  use  of  supplies  of  Naval  or  Military  Establishments,  etc. 
Joint  Res.  No.  31,  Aug.  5,  1914  (38  Stat.  776). 
Evidence: 

Legislative  acts  and  judicial  proceedings,  authentication  of.    See  Military  tri- 
bunals. 
Little  &  Brown's  edition  of  Statutes  at  Large  to  be  competent.    See  Military 

tribunals. 
Records,  documents,  etc.,  copies  of  in  executive  departments  as.    See  Military 

tribunals. 
Executive  departments: 

Certificate  of  necessity  for  printing  and  binding  to  be  furnished.    See  Printing 

and  binding. 
Evidence,  copies  of  records,  documents,  etc.,  to  be  received  as.    See  Military 

tribunals. 

Executive  Mansion,  furniture  for  and  inventory  of  property  in.    See  Corps  of  Engi- 
neers. 

Explosives  for  military  service,  transportation  of.     See  Interstate  commerce. 
Exposition,    Panama- Pacific    International,    building  for   Government   exhibit  on 
Presidio  of  San  Francisco  military  reservation  and  use  of  after  close  of  exhibition. 
See  Panama-Pacific  International  Exposition. 

Expositions,  property  may  be  transported  to  or  from  free  or  at  reduced  rates.     Sec.  22, 
act  of  Feb.  4,  1887  (24  Stat.  380),  as  amended  by  sec.  9,  act  of  March  2,  1889  (25 
Stat.  862). 
Expositions  or  fairs,  transportation  of  public  property  to  or  from.     See  Interstate 

commerce. 

Fairs,  property  may  be  transported  to  or  from  free  or  at  reduced  rates.     Sec.  22,  act  of 

Feb.  4,  1887  (24  Stat.  380),  as  amended  by  sec.  9,  act  of  Mar.  2,  1889  (25  Stat.  862). 

Fairs  or  expositions,  transportation  of  public  property  to  or  from.    See  Interstate 

commerce. 
Federal  prisoners: 

Deduction  from  sentence  for  good  conduct.     Sees.  5543,  5544,  R.  S.,  as  amended 

by  act  of  Mar.  3,  1875  (18  Stat.  479).    See  also  act  of  Mar.  3,  1891  (26  Stat.  840), 

superseded  by  act  of  June  21,  1902  (32  Stat.  397),  as  amended  by  act  of  Apr.  27, 

1906  (34  Stat.  149). 

Military  prisoners,  deductions  from  sentence  for  good  conduct.     Sees.  1,  2,  3,  act 

of  June  21,  1902  (32  Stat.  397). 
Parole  of.    Act  of  June  25,  1910  (36  Stat.  819),  as  amended  by  act  of  Jan.  23,  1913 

(37  Stat.  650). 

Fees,  Philippine  Islands,  to  civilian  witnesses.    See  Philippine  Islands. 
Firearms,   Philippine  Islands,  lawful  possession  of  by  officers,  soldiers,  etc.    See 

Philippine  Islands. 
Fires,  setting,  on  public  lands.    See  Public  lands. 


666  TABLE   OF   RELATED   STATUTES. 

Fire  sufferers,  Salem,  Mass.,  relief  of,  expenditures  under  Secretary  of  War.    See 

Salem,  Mass. 

Fishways  in  navigable  waters,  authority  for  construction  of.    See  Corps  of  Engineers. 

Flags  and  ensigns.    Secretary  of  War  authorized  to  loan  for  purpose  of  decorating  streets 

during  forty -ninth  encampment  of  the  Grand  Army  of  the  Republic.    See  Grand 

Army  of  the  Republic. 

Foreign  Governments,  ministers  of  United  States  may  issue  writs  to  prevent  American 

citizens  from  enlisting  in  military  service  of.    See  Neutrality. 
Foreign  officials,  entertainment  of,  in  connecion  with  Panama-Pacific  International 

Exposition.    See  Panama-Pacific  International  Exposition. 
Foreign  vessels,  Philippine  Islands,  tonnage  tax  levied  on,  when  entering  United 

States  from.    See  Philippine  Islands. 
Fort  Bayard  Hospital : 

Subject  to  rules  and  articles  of  war.    See  Medical  Department. 
Treat  officers  and  men  of  Army,  Navy,  and  Marine  Corps.    See  Medical  Depart- 
ment. 

Fortifications,  injuries  to  mines,  torpedoes,  etc.    See  Corps  of  Engineers. 
Fort  Leavenworth  Military  Prison  changed  to  United  States  penitentiary  and  restored 

to  War  Department.    See  Military  prison. 

Fort  Mason  Military  Reservation,  temporary  cession  of  jurisdiction  to  State  of  Cali- 
fornia over  portion  used  for  exposition  purposes.     See  Panama- Pacific  International 
Exposition. 
Franchises,  Philippine  Islands,  for  works  of  public  utility,  regulations  to  be  adopted. 

See  Philippine  Islands. 
Gama,  Senor  Domicio  da,  thanks  of  Congress  and  gold  medal  presented  to,  for  services 

as  mediator  between  United  States  and  warring  parties  in  Mexico.    See  Medals. 
General  Grant  National  Park.    See  National  parks. 

Removal  of  trespassers,  etc.,  from.     See  Employment  of  Military  force. 
Geological  Survey,  detail  of  ordnance  officer  with.     See  Details  of  Army  officers. 
Gettysburg  National  Park.    See  National  military  parks. 
Good-conduct  time,  deductions  from  sentences  of  military  prisoners.     See  Federal 

prisoners. 
Government  Printing  Office,  employees  of,  not  to  be  detailed  in  other  branches  of 

service.    See  Printing  and  binding. 
Grand  Army  of  the  Republic: 

Commissioners  of  District  of  Columbia  to  make  special  regulations  for  occasion 
of  forty-ninth  encampment,  to  be  held  in  Washington,  September-October, 
1915.  Act  of  Mar.  3,  1915  (Pub.  Res.  No.  66,  38  Stat.  — ). 

Loan  of  ensigns,  flags,  etc.,  by  Secretary  of  War  for  purpose  of  decorating  streets 
during  encampment.  Sees.  3  and  4,  act  of  Mar.  3,  1915  (Pub.  Res.  No.  66, 
38  Stat.  — ). 

Loan  of  hospital  tents,  ambulances,  horses,  drivers,  etc.,  etc.,  by  Secretary  of 
War,  for  caring  for  the  sick,  injured,  and  infirm  during  the  encampment. 
Sec.  6,  act  of  Mar.  3,  1915  (Pub.  Res.  No.  66,  38  Stat.  — ). 

Permits  to  use  reservations  and  other  public  spaces  in  the  city  of  Washington 
during  encampment,  Secretary  of  War  authorized  to  issue.  Sec.  5,  act  of 
Mar.  3,  1915  (Pub.  Res.  No.  66,  38  Stat.  — ). 

Graves  of  Confederate  dead,  marking  in  all  national  cemeteries  and  cemeteries  at 
Federal  military  stations  or  locations  throughout  the  country.    See  Marking  graves 
of  Confederate  dead. 
Habeas  corpus,  Philippine  Islands,  employment,  suspension,  etc.,  of  writ  of.    See 

Philippine  Islands. 

Hague  convention,  hospital  ships.    See  Medical  department. 
Harbor  defenses,  injuries  to  mines,  torpedoes,  etc.    See  Corps  of  Engineers. 


TABLE  OF  RELATED  STATUTES.  667 

Harbor  lines,  establishment  and  extension  of,  in  navigable  waters.     See  Corps  of 

Engineers. 

Harbor  regulations  for  the  District  of  Columbia.     See  Corps  of  Engineers. 
Hetch  Hetchy  Valley  Reservoirs,  Yosemite  National  Park,  sale  to  War  Department 
by  city  and  county  of  San  Francisco,  Cal.,  of  water  required  on  military  reserva- 
tions in  or  near  the  city  of  San  Francisco  on  certain  conditions,  etc.     Par.  (u),  sec.  9, 
act  of  Dec.  19,  1913  (38  Stat.  250). 

Highways,  public  land,  right  of  way  for.     See  Public  lands. 
Homesteads,  mode  of  procedure,  right  of  entry,  etc.     See  Public  lands. 
Horses,  militia,  purchase  and  maintenance  of.     See  Militia. 
Hospitals- 

Fort  Bayard,  subject  to  rules  and  articles  of  war.     See  Medical  Department. 
Fort  Bayard,  treat  officers  and  men  of  Army,  Navy,  and  Marine  Corps.     See  Medi- 
cal Department. 

Hot  Springs,  Ark.,  establishment  of,  jise  of  hot  water,  etc.    See  Medical  Depart- 
ment. 
Hot  Springs  (S.  Dak.)  National  Sanitarium  in  connection  with  National  Home 

for  Disabled  Volunteer  Soldiers.     See  Medical  Department. 
Hospital  and  medical  supplies,  Medical  Department  authorized  to  sell  to  Soldiers' 

Home  at  contract  price.     See  Soldiers'  Home. 
Hospital  ships,  The  Hague  convention.     See  Medical  Department. 
Hot  Springs  Hospital,  Arkansas,  establishment  of,  use  of  hot  water,  etc.     See  Medical 

Department. 
Hot  Springs  National  Sanitarium,  South  Dakota,  in  connection  with  National  Home 

for  Disabled  Volunteer  Soldiers.     See  Medical  Department. 
Hunting,  National  parks,  penalty  for  trespassing  and  shooting  on.     See  National 

parks. 

Indian  and  colored  soldiers,  widows  of.     See  Pensions. 
Indian  reservations,  removal  of  persons  from.     See  Indians. 
Indians: 

Agencies — 

Consolidated.     Sec.  6,  act  of  Mar.  1,  1883  (22  Stat.  451). 
Discontinued.     Sec.  2053,  R.  S.,  act  of  June  22,  1874  (18  Stat.  177). 
Discontinued  and  transferred.     Sec.  2054,  R.  S.,  and  sec.  2059,  R.  S. 
Limited.     Sec.  2066,  R.  S. 
Agents — 

Appointment.     Sec.  2052,  R.  S.;  sec.  1,  act  of  Feb.  14,  1873  (17  Stat.  437); 

act  of  June  22,  1874  (18  Stat.  147);  act  of  Aug.  15,  1894  (28  Stat.  286). 
Bonds.     Sec.  2057,  R.  S.     Act  of  Mar.  3,  1875  (18  Stat.  451). 
Duties.     Sec.  2058,  R.  S.,  and  sees.  4,  5,  and  10,  act  of  Mar.  3,  1875  (18  Stat. 
449-451);  act  of  May  27,  1878  (20  Stat.  86);  sec.  9,  act  of  July  4,  1884  (23 
Stat.  98). 

Residences.     Sec.  2060,  R.  S. 

Term  of  office.     Sec.  2056,  R.  S.    Act  of  May  17,  1882  (22  Stat.  87). 
American  captives,  moneys  due  Indians.     Sec.  2102,. R.  S. 
Annuities— 

To  minors.     Sec.  8,  act  of  Mar.  1,  1899  (30  Stat.  947). 

Mode  of  j|ayment  and  distribution  of  goods.     Sec.  2086,  R.  S.;  sec.  6,  act  of 

Mar.  3,  1875  (18  Stat.  450);  act  of  Aug.  15,  1876  (19  Stat.  196). 
Payment  in  goods.     Sec.  2082,  R.  S. 
Payment  in  coin.     Sec.  2081,  R.  S. 

Withholding  from  intoxicated  persons.     Sec.  2087,  R.  S. 

Annual  accounts  of  disbursements.     Sec.  2091,  R.  S.  and  sec.  8,  act  Mar.  3,  1875 
(18  Stat.  450). 


668  TABLE  OF  RELATED  STATUTES. 

Indians — Continued . 

Arms,  sale  of,  prohibited.     Sec.  467,  R.  S. 

Arms,  etc.,  trading  with  hostile  and  uncivilized  prohibited.     Sec.  2136,  R.  S. 
and  Joint  Res.  No.  20,  Aug.  5,  1876  (19  Stat.  216). 

Arson.     Sec.  2143,  R.  S. 

Assault,  penalty.     Sec.  2142,  R.  S. 

Assault  upon  United  States  officials,  penalty;  jurisdiction  of  district  court.     Act 
June  9,  1888  (25  Stat.  178). 

Cattle,  sale  of,  penalty.     Act  July  4,  1884  (23  Stat.  94). 

Children,  legitimacy  of.     Sec.  10,  act  June  7,  1897  (30  Stat.  62). 

Citizenship,  adopting  civilized  life  and  allottees.     See  Naturalization. 

Civilized  life,  protection  of.     Sec.  2119,  R.  S. 

Commissioner  of  Indian  Affairs,  duties.     Sec.  463,  R.  S. 
Compensation.     Sec.  2076,  R.  S. 

Correspondence  to  excite  to  war,  penalty.     Sec.  2113,  R.  S. 

Crimes,  jurisdiction;    certain  offenses  subject  to  territorial  laws.     Sec.  9,  act  of 
Mar.  3,  1885  (23  Stat.  385). 

General  laws  respecting,  extended  to.     Sec.  2145,  R.  S. 

Crimes  and  offenses.     Sec.  328,  act  Mar.  4,  1909,  Criminal  Code  (35  Stat.  1151). 

Detail  of  Army  officers — 

For  education  of.     See  Details  of  Army  officers. 

For  industrial  and  training  schools.     See  Details  of  Army  officers. 

Deeds,  acknowledgment  of  by  agents.     Sec.  2064,  R.  S. 

Disbursing  officers,  security  additional.     Sec.  2075,  R.  S. 

Disbursements,  mode  of.     Sec.  2089,  R.  S. 

Depositions,  superintendent  to  take.     Sec.  2157,  R.  S. 

Employees  not  to  trade  with.     Sec.  2078,  R.  S. 

Foreigners  entering  Indian  country  without  passports,  penalty.     Sec.  2134,  R.  S. 

Goods- 
Mode  of  distribution.     Sec.  2090,  R.  S. 

Proceedings  against,  for  violating  revenue  laws.     Sec.  2125,  R.  S. 
Purchase  of.     Sec.  2083,  R.  S.  and  act  of  June  22,  1874  (18  Stat,  176);  sec.  7, 
act  of  Mar.  3,  1875  (18  Stat.  450);  act  of  Aug.  15,  1876  (19  Stat.  196). 

Grants  or  purchases  from.     Sec.  2116,  R.  S. 

Horse  stealing,  robbery.     Act  Feb.  15,  1888  (25  Stat.  33). 

Hostile,  annuities.     Sec.  2100,  R.  S. 

Hunting  on  lands,  prohibited.     Sec.  2137,  R.  S. 

Inspectors.     Sec.  2043,  R.  S.;  sec.  6,  act  of  Feb.  14,  1873  (17  Stat.  463);  act  of 
Mar.  3,  1875  (18  Stat.  422);  act  of  May  31,  1900  (31  Stat.  224). 

Inspectors,  powers  and  duties.     Sec.  2045,  R.  S. 

Issues  of  food,  etc.,  report  of  number  receiving.     Sec.  2109,  R.  S. 

Laws  for  agents.     Sec.  7,  act  of  May  17,  1882  (22  Stat.  88). 

Leaves  of  absence  for  agents  and  employees.     Sec.  2074,  R.  S. 

Liquors  and  firearms,  sales  of,  to  Indians  in  Alaska,  penalty.     Sees.  142  and  466, 
act  of  Mar.  3,  1899  (30  Stat.  1253). 

Liquors,  sale  of,  punishment.     Sec.  8,  act  of  Mar.  1,  1895  (28  Stat.  693). 

Mails,  forgery  and  depredations.     Sec.  2144,  R.  S. 

Oaths- 
Administered  by  agents.     Act  of  Mar.  1,  1899  (30  Stat.  924). 
In  pension  claims  before  agents.     Sec.  2,  act  of  July  26,  1892  (27  Stat.  272). 

Offices,  holding  of  two  prohibited.     See.  2074,  R.  S. 

Payments  by  special  agents,  compensation,  bond.     Sec.  11,  act  of  Mar.  3,  1895 
(28  Stat.  910). 

Penalties,  how  recovered.     Sec.  2124,  R.  S. 


TABLE  OF  RELATED  STATUTES.  669 

Indians — Continued . 
Police- 
Act  of  May  27,  1878  (20  Stat.  76). 

Allottees  preferred  for  employment.     Sec.  5,  act  of  Feb.  8, 1887  (24  Stat.  390). 

Crimes  against,  to  be  tried,  district  court.     Act  of  Mar.  2, 1887  (24  Stat.  464). 
Posse  commitatus  to  be  used  in  executing  process.     Sec.  2153,  R.  S. 
Process,  to  be  executed  by  marshals.    Act  of  June  4,  1888  (25  Stat.  167). 
Proof,  burden  of.     Sec.  2126,  R.  S. 
Property,  injury  to,  by  Indians.     Sec.  2156,  R.  S. 

Property,  payment  for  same  if  reparation  can  not  be  made.     Sec.  2155,  R.  S. 
Property,  reparation  for  injury.     Sec.  2154,  R.  S. 
Purchases,  manner  of.     Sec.  2084,  R.  S. 
Rape.     Sec.  5,  act  of  Jan.  15,  1897  (29  Stat.  487). 
Reservation,  removal  of  persons  from.     Sec.  2149,  R.  S. 
Return  to  Indian  country,  penalty.     Sec.  2148,  R.  S. 
Schools — 

Detail  of  Army  officers  for  normal  and  industrial  training.     See  Details  of 
Army  officers. 

Use  of  vacant  military  posts  and  barracks  for  normal  and  industrial  training. 

See  Details  of  Army  officers. 

Secretary  of  the  Interior  charged  with  supervision  of.     Sec.  441,  R.  S. 
Seditious  messages — 

Carrying,  penalty.     Sec.  2112,  R.  S. 

Sending.     Sec.  2111,  R.  S. 

Special  agents  and  commissions.     Sec.  2067,  R.  S. 
Stock  feeding  on  Indian  lands.     Sec.  2117,  R.  S. 
Subagenta — 

Sec.  2055,  R.  S. 

Interpreters  discontinued.     Sec.  2073,  R.  S.  and  act  of  Feb.  27,  1877  (19 

Stat.  244). 

Supplies,  claims  for.     Sec.  2085,  R.  S. 
Survey  of  reservations.     Sec.  2115,  R.  S. 
Trade— 

Except  skins  and  furs,  prohibited.     Sec.  2135,  R.  S. 

Prohibited  by  President.     Sec.  2132,  R.  S. 
Traders- 
Appointee.     Sec.  2128,  R.  S. 

Appointment  of.     Sec.  5,  act  of  Aug.  15,  1876  (19  Stat.  200). 
Traders'  license — 

Sec.  2129,  R.  S. 

Refusal  of.     Sec.  2130,  R.  S. 

Revocation  of.     Sec.  2131,  R.  S. 
Trading  without  license,  penalty.     Sec.  2133,  R.  S.  and  act  of  July  31,  1882  (22 

Stat.  179). 

Training  school,  superintendent,  bond.     Act  of  Mar.  3,  1899  (30  Stat.  924). 
Traveling  expenses.     Sec.  2077,  R.  S. 
Treaties — 

Abrogation  of.     Sec.  2080,  R.  S. ;  sec.  2,  act  of  Mar.  2,  1875  (18  Stat.  449). 

None  in  future.     Sec.  2079,  R.  S.  and  sec.  3,  act  of  June  22,  1874  (18  Stat. 

176);  act  of  June  10,  1876  (19  Stat.  58). 
Treaty,  violations,  goods  withheld.     Sec.  2101,  R.  S. 
Trespass  by  chief,  cause  for  suspension.     Sec.  2121,  R.  S. 
Trespassing  on  lands.     Sec.  2120,  R.  S. 


670  TABLE    OF   RELATED   STATUTES. 

Indians — Continued. 

Tribes  west  of  Mississippi  River  under  general  superintendence  of  President. 

Sec.  2114,  R.  S. 
Timber: 

Dead  and  fallen.     Act  Feb.  16,  1889  (25  Stat.  673). 
Depredations.     Sec.  5388,  R.  S.     Act  June  4,  1888  (25  Stat.  166). 
Two  offices,  holding  prohibited;  leaves  of  absences.     Sec.  2074,  R.  S. 
White  man  marrying  an  Indian  woman  not  to  acquire  tribal  rights.     Act  Aug.  9, 

1888  (25  Stat.  392). 

Indian  Wars,  pension  for  services  in.     See  Pensions. 

Indigent  soldiers,  burial  of,  in  national  cemeteries.     See  National  cemeteries. 
Insane,  inmates  National  Homes  for  Disabled  Volunteer  Soldiers,  care  of.     See  Nationa 

Homes  for  Disabled  Volunteer  Soldiers. 

Insane  natives,  Philippine  Islands,  serving  in  Army,  care  of.     See  Philippine  Islands. 
Inspector  General's  Department,  appointments  in,  from  Volunteers.     Act  of  Mar.  2, 

1901  (31  Stat.  900). 
Insular  Government,  Philippine  Islands,  salary  of  Army  officers  detailed  to  duty 

under.     See  Philippine  Islands. 

Intel-island  traffic,  Philippine  Islands,  regulations  governing.     See  Philippine  Islands. 
Interior,  Department  of.     See  Department  of  the  Interior. 
Interstate  commerce,  transportation: 

Animals,  prevent  cruelty;  feeding  and  resting  periods.     Act  of  June  29,  1906 

(34  Stat.  607). 

Explosives  for  military.     Sec.  232,  act  of  Mar.  4,  1909  (35  Stat.  1134). 
Property  of  the  United  States  or  property  to  or  from  fairs  or  expositions  free  or  at 
reduced  rates.     Sec.  22,  act  of  Feb.  4,  1887  (24  Stat.  380),  as  amended  by  Sec. 
9,  act  of  Mar.  2,  1889  (25  Stat.  862). 

Quarantine  live  stock,  notice  to  carriers.     Act  of  Feb.  2,  1903  (32  Stat.  791). 
Intervention  by  United  States  in  Cuban  affairs,  authorization  for.     See  Cuba. 
Isthmian  Canal  Commission.     (See  also  Panama  Canal.) 

Appointment,  qualifications,  duties,  etc.     Sec.  7,  act  of  June  28,  1902  (32  Stat. 

483). 
Appropriations  available  for  payment  of  obligations  of.     Sec.  4,  act  of  May  27, 

1908  (35  Stat.  387). 

Accounts  of,  audited  by  auditor  of  War  Department.     Act  of  Feb,  3,  1905  (33  Stat. 

647). 

Canal  Zone,  leases  of  land  in.    Act  of  Feb.  27,  1909  (35  Stat.  658). 
Duties,  etc.,  of.    See  Corps  of  Engineers. 

Employees,  leaves  of  absence  to.     Act  of  Feb.  24, 1909  (35  Stat.  645). 
Employment  of  engineers,  compensation.     Sec.  7,  act  of  June  28,  1902  (32  Stat. 

483). 

Engineers,  offices  for.     Sec.  7,  act  of  June  28,  1902  (32  Stat.  483.) 
Powers  conferred  on  President  may  be  exercised  through.     Sec.  5,  act  of  Feb.  27, 

1909  (35  Stat.  658). 

Isle  of  Pines,  title  to.    See  Cuba. 

Judge  Advocate  General's  Department,  appointments  in,  from  Volunteers.     Act  of 

Mar.  2,  1901  (31  Stat.  900). 

Judicial  proceedings,  evidence,  authentication  of.     See  Military  tribunals. 
Justices  of  the  peace,  Philippine  Islands,  army  officers  to  be,  in  connection  with  sale 

of  intoxicating  liquors.    See  Philippine  Iclands. 

Lagoons,  Potomac  Park,  District  of  Columbia,  restrictions  on.     See  Corps  of  Engineers. 
Land  registration,  Philippine  Islands,  procedure  in  filing  claims,  etc.,  in  court  of. 

See  Philippine  Islands. 


TABLE  OF  RELATED  STATUTES.  671 

Lands : 

Acquisition  of,  for  national  cemeteries.    See  National  cemeteries. 
Condemnation  and  purchase  of,  for  river  and  harbor  improvement.     See  Corps  of 

Engineers. 
Philippine  Islands,  acquisition  of  privately  owned,  for  military  purposes.     See 

Philippine  Islands. 

Laundresses,  hereafter  women  not  allowed  to  accompany  troops  as.     See  Army. 
Leases: 

Land  in  Canal  Zone.     See  Isthmian  Canal  Commission. 
Public  lands,  Canal  Zone.    See  Panama  Canal 
Leave  of  absence,  President  authorized  to  grant  to  officer  of  Corps  of  Engineers,  to 

assist  Republic  of  China  on  reclamation  work.     See  Details  of  Army  officers. 
Legislative  acts,  evidence,  authentication  of.     See  Military  tribunals. 
Lessees  of  water  power  on  Muskingum  River,  Ohio,  whose  property  was  destroyed  by 

Ohio  Valley  flood  of  March,  1913,  relief  of .     See  Corps  of  Engineers. 
Library,  Surgeon  General's  Office,  binding  and  location  of.    See  Medical  Department. 
Licenses: 

Liquor,  Philippine  Islands,  not  to  be  granted  on  military  reservations  or  within 

certain  areas.     See  Philippine  Islands. 

Philippine  Islands,  coastwise  and  harbor  vessels.     See  Philippine  Islands. 
To  practice  medicine  or  surgery  in  Alaska,  not  to  apply  to  emergency  medical 

relief  to  natives.     Sec.  15,  act  of  Feb.  6,  1909  (35  Stat.  604). 
Lighthouse  Board,  compensation,  organization,  etc.,  of.     See  Corps  of  Engineers. 
Lighthouses,  construction,  inspection,  etc.,  of.    See  Corps  of  Engineers. 
Lincoln  memorial: 

Approval  of  plan  and  design  of  commission.     Joint  Res.  No.  7,  Feb.  1,  1913  (37 

Stat.  1022). 

Authorized,  commission  created.     Act  of  Feb.  9,  1911  (36  Stat.  898). 
Resident  commissioner  designated,  compensation.     Act  of  Mar.  3,  1913  (37  Stat. 

731). 
Liquor  licenses: 

Disposition  of  moneys  derived  from  in  Alaska.     See  Alaska. 

Philippine  Islands,  not  to  be  granted  on  military  reservations  or  within  certain 

areas.    See  Philippine  Islands. 
Liquors: 

National  Home  for  Disabled  Volunteer  Soldiers,  loss  of  appropriation  where  permit 

sale  of  intoxicating.     See  Medical  Department. 
Sale  of  to  Indians,  punishment.     See  Indians. 
State  or  territorial  homes  for  disabled  soldiers  and  sailors,  loss  of  appropriation 

where  permit  sale  of  intoxicating.     See  Medical  Department. 
Locust  pest,  Philippine  Islands,  suppression  of.     See  Philippine  Islands. 
Machines,  typewriting,  restrictions  as  to  price  to  be  paid  by  Government  for.     See 

Typewriting  machines. 
Marine  Corps.     Fort  Bayard  Hospital,  treatment  of  officers  and  men  at.     See  Medical 

Department. 

Marking  graves  of  Confederate  dead;  provisions  for  extended  to  graves  of  Confederate 

soldiers  and  sailors  in  all  National  cemeteries  and  cemeteries  at  Federal  military 

stations  or  locations  throughout  the  country.     Joint  Res.  No.  7,  Mar.  14,  1914  (38 

Stat.  768). 

Mears,  Frederick,  Lieut.,  detail  of  to  assist  in  location  and  construction  of  Government 

railroads  in  Alaska.    Joint  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Medals,  gold,  with  thanks  of  Congress  presented  to  Senors  Domicio  da  Gama,  Romulo 
S.  Naon,  and  Eduardo  Suarez  for  services  as  mediators  between  Government  of 
United  States  and  warring  parties  in  Republic  of  Mexico.     Joint  Res.  No.  —  (Pub. 
Res.  75)  of  Mar.  4,  1915  (38  Stat.  — ). 


672  TABLE  OF  RELATED  STATUTES. 

Mediators,  thanks  of  Congress  and  gold  medals  presented  to  Senors  Domicio  da  Gama, 
Romulo  S.  Naon,  and  Eduardo  Suarez  for  services  as  between  United  States  and 
warring  parties  in  Mexico.  See  Medals. 

Medical  Bulletin,  Army,  for  instruction  of  medical  officers.    See  Medical  Department. 
Medical  Department: 

Authorized  to  sell  medical  and  hospital  supplies  to  soldiers'  home  at  contract 

price    See  Soldiers'  home. 
Commutation  direct  to  soldier,  no  fee  to  agent  or  attorney.     Act  of  Mar.  3,  1891 

(26  Stat.  979). 

Commutation  to  persons  who  can  not  use  artificial  limbs.     Sec.  4790,  R.  S. 
Fort  Bayard  Hospital — 

Subject  to  rules  and  articles  of  war.     Act  of  June  12,  1906  (34  Stat.  255). 
To  treat  officers  and  men,  Navy  and  Marine  Corps.     Act  of  Mar.  2,  1907  (34 

Stat.  1172). 

Hospital  ships,  The  Hague  convention.     Sec.  1,  act  of  Mar.  24, 1908  (35  Stat.  46). 
Hot  Springs,  Ark. — 

Creating  reservation.     Sec.  4,  act  of  Mar.  3, 1877  (19  Stat.  378);  act  of  Dec.  16, 

1878  (20  Stat.  258);  sec.  3,  act  of  June  16,  1880  (21  Stat.  289). 
Estimates,  post  military  establishment.     Act  of  Aug.  4,  1886  (24  Stat.  245); 

act  of  Mar.  3,  1909  (35  Stat.  748). 

Hospital,  establishment  of.     Act  of  June  30,  1882  (22  Stat.  121). 
Hot  water  for  additional  houses;  new  bathhouses  not  to  be  owned  by  inter- 
ested persons.    Joint  Res.  No.  8,  Mar.  25,  1888  (26  Stat.  619). 
Hot  water  for  bathhouses  off  reservation.     Joint  Res.  No.  14,  Mar.  3,  1887 

(24  Stat.  647). 
Hot  Springs  (S.  Dak.)  National  Sanitarium,  establishment.     Sec.  1,  act  of  May 

29,  1902  (32  Stat.  282). 

Library,  binding.     Sec.  96,  act  of  Jan.  12,  1895  (28  Stat.  601). 
Library,  Surgeon  General's  Office,  Ford's  Theater,  building  for.     Act  of  Apr.  7, 

1866  (12  Stat.  23). 

National  Home  for  Disabled  Volunteer  Soldiers,  appropriation  for  not  available 
for  any  branch  which  permits  sale  of  intoxicating  liquors.     Act  Aug.  1,  1914 
(38  Stat.  642). 
Printing  and  binding,  Army  Medical  Bulletin  for  instruction  of  medical  officers. 

Act  of  Aug.  1,  1914  (38  Stat.  642). 

State  or  Territorial  Homes  for  disabled  soldiers  and  sailors,  appropriation  for  not 
available  for  any  home  which  permits  sale  of  intoxicating  liquors.  Act  of  Aug. 
1,  1914  (38  Stat.  642). 

State  or  Territorial  Homes  for  disabled  soldiers  and  sailors,  collections  from  in- 
mates for  support  of.     Act  of  Aug.  1,  1914  (38  Stat.  642). 
Medical  and  hospital  supplies,  Medical  Department  authorized  to  sell  to  soldiers'  home 

at  contract  price.    See  Soldiers'  home. 

Medical  officers,  Army  Medical  Bulletin  for  instruction  of.     See  Medical  Department. 
Medical  officer,  detail  of  with  Red  Cross.     See  Details  of  Army  officers. 
Medicine  and  surgery,  license  to  practice  in  Alaska  not  to  apply  to  emergency  medical 

relief  to  natives.     Sec.  15,  act  of  Feb.  6,  1909  (35  Stat.  604). 
Memorial  amphitheater,  Arlington,  Va.    See  Arlington  memorial  amphitheater. 
Memorial  monument  to  commemorate  the  women  of  the  Civil  War: 

Contribution  by  the  Government  for  the  site  and  for  the  building,  condition  of 

payment,  etc.     Act  of  Oct.  22, 1913  (38  Stat.  233). 

Commission  to. approve  site  and  plans  and  to  supervise  expenditures  to  consist  of 
the  Secretary  of  War,  the  chairman  of  the  Joint  Committee  of  the  Library  of 
Congress,  and  the  president  of  the  American  Red  Cross.  Act  of  Oct.  22,  1913 
(38  Stat.  233). 


TABLE    OF   RELATED   STATUTES.  673 

Memorial  monument  to  commemorate  the  women  of  the  Civil  War — Continued. 

Commission  of  Fine  Arts  also  to  approve  the  plans  for  the  memorial.     Act  of  Oct. 

22,  1913  (38  Stat.  233). 
Memorial  to  be  permanent  headquarters  of  the  American  Red  Cross.     Act  of  Oct. 

22,  1913  (38  Stat.  233). 

Red  Cross,  American,  to  be  charged  with  and  responsible  for  the  care,  keeping, 
and  maintenance  of  the  memorial  and  grounds,  but  the  title  to  the  site  and 
building  shall  be  in  the  United  States.     Act  of  Oct.  22,  1913  (38  Stat.  233). 
Mexican  War,  pension  for  services  in.     See  Pensions. 
Mexico : 

National  cemetery  near  city  of,  subject  to  regulations  of  United  States  national 

cemeteries.     See  National  cemeteries. 
Relief  and  transportation  of  destitute  American  citizens  in.     Joint  Res.  No.  10, 

Sept.  16,  1913  (38  Stat.  238). 

Relief  and  transportation  of  American  citizens  in.  Act  of  Apr.  24, 1914  (38  Stat.  346). 

Thanks  of  Congress  and  gold  medals  presented  to  Senors  Domicio  da  Gama, 

Romulo  S.  Naon,  and  Eduardo  Suarez  for  services  as  mediators  between  United 

States  and  warring  parties  of.     See  Medals. 

Military  employees,  United  States  commissioners,  not  to  hold  or  exercise  duties  of. 

See  Civil  office. 
Military  posts: 

Funds  for  not  to  be  used  in  establishment  of  military  prisons.     See  Military 

prisons. 
Indian  schools,  use  of  vacant  barracks  and  for  normal  and  industrial  training. 

See  Details  of  Army  officers. 

Post  traders,  vacancies  not  to  be  filled.    Act  of  Jan.  28, 1893  (27  Stat.  426). 
Military  prison : 

Convicts  limited  to  actual  subsistence.     Act  of  Feb.  25,  1910  (36  Stat.  210). 

Fort  Leavenworth  changed  to  United  States  penitentiary  under  Department  of 

Justice.     Act  of  June  10,  1896  (29  Stat.  380). 
Funds  for  military  posts  not  to  be  used  in  establishment  of.     Act  of  June  25,  1910 

(36  Stat.  721). 
Good  conduct  allowance  for  prisoners.     Sees.  1,  2,  and  3,  act  of  June  21,  1902  (32 

Stat.  397). 
Military  prisoners: 

Deduction  from  sentences  for  good  conduct.    See  Federal  prisoners. 
Parole  of.    See  Federal  prisoners. 
Military  reservations: 

Abandoned,  disposition  of.    See  Public  property. 

Offenses  on,  not  prohibited  by  Federal  law,  punishment  of.     See  Public  property. 

Philippine  Islands- 

Acquisition  of,  arrest  on,  claims  for  private  lands  within,  etc.     See  Philippine 

Islands. 

Civil  authorities  not  to  interfere  with  military  administration  of  lands  re- 
served for.    See  Philippine  Islands. 
Liquor  licenses  not  to  be  granted  on  or  within  certain  areas.     See  Philippine 

Islands. 

Presidio  of  San  Francisco,  civil  police  may  be  called  upon  to  make  arrests  of  tres- 
passers, etc.     Act  of  June  4, 1888  (25  Stat.  167). 
Military  roads: 

Atlantic  &  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
Northern  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
Southern  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
Union  &  Central  Pacific  Railroad ,  post  route  and  military  road .    See  Transportation . 
48985°— 15 43 


674  TABLE  OF  RELATED  STATUTES. 

Military  Service,  foreign  countries,  ministers  of  United  States  in,  may  issue  writs  to 

prevent  American  citizens  from  enlisting  in.     See  Neutrality. 

Military  supplies,  use  of,  in  connection  with  relief,  protection,  and  transportation  of 
American  citizens  in  Europe,  made  necessary  by  existing  political  disturbances. 

See  Europe. 
Military  tribunals: 

Accused  may  testify.    Act  of  Mar.  16,  1878  (20  Stat.  30). 

Constitution,  composition,  jurisdiction,  etc.     Act  of  June  18,  1898  (30  Stat.  483). 

Consuls,  United  States,  copies  of  records,  etc.     Sec.  896,  R.  S. 

Closed  sessions  of  court-martial  trials.     Sec.  2,  act  of  July  27,  1892  (27  Stat.  278). 

Embezzlement  of  public  money;  transcript  of  books,  Treasury.     Sec.  887,  R.  S. 

Evidence,  Little  &  Brown's  edition  of  the  statutes  to  be  competent.     Sec.  908, 

R.  S. 
Evidence,  rules,  witnesses  not  excluded  on  account  of  color.     Sec.  858,  R.  S., 

as  amended  by  act  of  June  29,  1906  (34  Stat.  618). 

Executive  departments,  records,  documents,  etc.,  copies  of.     Sec.  882,  R.  S. 
Incriminating  questions.     Sec.  860,  R.  S. 
Journals  of  Congress.     Sec.  895,  R.  S. 

Legislative  acts  and  judicial  proceedings,  authentication  of.     Sec.  905,  R.  S. 
Military  commissions,  spies.     Sec.  2,  act  of  Apr.  10,  1806,  (2  Stat.  371);  sec.  4, 

act  of  Feb.  13,  1862  (12  Stat.  340);  sec.  38,  act  of  Mar.  3,  1863  (12  Stat.  737). 
Prisoners,  good  conduct  allowance.     Sees.  1,  2,  and  3,  act  of  June  21,  1902  (32  Stat. 

397). 

Records  not  appertaining  to  court,  to  be  proved.     Sec.  906,  R.  S. 
Records,  etc.,  office  of  Solicitor  of  the  Treasury.     Sec.  883,  R.  S. 
Reporters.     Sec.  1203,  R.  S.;  sec.  2,  act  of  June  23,  1874  (18  Stat.  244). 
Returns,  copies  for  returns  office.     Sec.  888,  R.  S. 
Witnesses  compelled  to  attend.     Sec.  1202,  R.  S. 

Witnesses,  refusal  to  appear  or  testify.    Act  of  Mar.  2,  1901  (31  Stat.  950). 
Militia: 

Arms  and  equipments,  distribution  to  States.     Sec.  1670,  R.  S. 

Arms  and  ordnance  stores,  crediting  for  issue  during  Civil  War.     Sec.  3,  act  of 

Mar.  3,  1875  (18  Stat.  455). 
District  of  Columbia — 
Militia  of— 

Authority  to  make  contracts  and  leases  and  expenditures  for  heat,  light, 

etc.    Act  of  Apr.  27,  1901  (33  Stat.  389). 

Deduction  of  pay  to  reimburse  for  public  property  lost,  etc.;  also  pro- 
viding an  allowance  for  clothing  and  equipment.     Sec.  1,  act  of  Mar. 
2,  1911  (36  Stat.  1004).     Also  supplementing  the  ration. 
Purchase  of  supplies  and  procurement  of  services  for,  in  open  market. 

Act  of  May  26,  1908  (35  Stat.  303). 
Naval  Militia  of — 

Sees.  1  to  5,  act  of  May  11,  1898  (30  Stat.  404). 
Horses,  purchase  and  maintenance  of;  use  of  appropriation  forbidding  (temporary). 

Act  of  Mar.  3,  1909  (35  Stat.  694). 

Issue  of  Springfield  rifles  to  States.     Act  of  Feb.  24,  1897  (29  Stat.  592). 
Ordnance  and  ordnance  stores,  replacing  stores  carried  into  war  with  Spain. 

Act  of  Mar.  3,  1899  (30  Stat.  1073). 
Ordnance  and  ordnance  stores  issued  to,  credit  for.     Act  of  Mar.  2,  1889  (25  Stat. 

833). 

Purchase  of  Army  supplies  for,  credit  for.     Sec.  3,  act  of  Feb.  24,  1897  (29  Stat. 
592),  as  amended  by  act  of  Mar.  15,  1898  (30  Stat.  326). 


TABLE   OF   RELATED   STATUTES.  675 

Mining  claims,  Philippine  Islands,  on  military  reservations.     See  Philippine  Islands. 
Mines,  torpedoes,  etc.,  for  harbor  defenses,  injuries  to.    See  Corps  of  Engineers. 
Mississippi  River  Commission,  creation,  duties,  headquarters  of,  etc.     See  Corps  of 

Engineers. 
Mississippi  River,  piers  and  cribs  in,  snag  boats  and  water  gauges  on,  South  Pass  of, 

etc.    See  Corps  of  Engineers. 

Missouri  Militia,  pensionable  status  of.     See  Pensions. 

Missouri  River  Commission,  composition,  creation,  duties,  etc.    See  Corps  of  Engineers. 
Money,  Canal  Zone,  received  from  services,  supplies,  etc.,  disposition  of .     See  Panama 

Canal. 
Monuments  in  national  cemeteries,  destroying  and  injuring  trees  and.     See  National 

cemeteries. 

Moro  Province,  Philippine  Islands,  government  of,  use  of  Army  in  aid  of  civil  authori- 
ties, etc.    See  Philippine  Islands. 
Murray,  Arthur,  Maj.  Gen.,  United  States  Army,  retention  of  on  active  list  until  close 

of  Panama-Pacific  International  Exposition.     See  Army  officers. 
Muskingum  River,  Ohio,  relief  of  lessees  of  water  power  on,  whose  property  was  de- 
stroyed by  Ohio  Valley  flood  of  March,  1913.     See  Corps  of  Engineers. 
Naon,  Senor  Romulo  S.,  thanks  of  Congress  and  gold  medal  presented  to  for  services  as 

mediator  between  United  States  and  warring  parties  in  Mexico.     See  Medals. 
National  cemeteries: 

Acquisition  of  lands  for,  by  Secretary  of  War.     Sec.  4870,  R.  S. 

Appraisement  of  land  appropriated  for,  by  court.     Sec.  4871,  R.  S. 

Care  and  preservation  of  cemetery  near  Mexico  City  in  which  are  buried  officers 

and  soldiers  of  the  United  States.     Sec.  4879,  R.  S. 
Cemetery  in  Mexico  to  be  subject  to  rules  and  regulations  affecting  national 

cemeteries  within  the  United  States.     Sec.  4880,  R.  S. 
Criminal  offenses,  defacing,  etc.,  penalty.     Sec.  4881,  R.  S. 
Destroying  or  injuring  monuments,  trees,  etc.,  prohibited.     Sec.  4881,  R.  S. 
Encroachments  by  railroads  forbidden.     Act  of  Mar.  2,  1895  (28  Stat.  949). 
Expenses  for  burial  of  ex-Union  soldiers,  etc.,  in  Arlington  Cemetery  or  other 
cemeteries  in  the  District  of  Columbia  to  be  disbursed  by  Secretary  of  War. 
Act  of  Mar.  3,  1899  (30  Stat.  1108). 
Indigent  soldiers,  burial.     Act  of  Mar.  3,  1899  (30  Stat.  1108),  amended  by  act  of 

April  28,  1904  (33  Stat.  495);  sec.  1,  act  of  June  25,  191D  (36  Stat.  724). 
Land,  acquisition  of.     Sec.  4870,  R.  S.,  and  act  of  July  24,  1876  (19  Stat.  99);  act 

of  Mar.  2,  1877  (19  Stat.  269). 

Marking  graves  of  Confederate  dead  in  all  cemeteries  at  Federal  military  stations, 
and,  or  locations  throughout  the  country.     See  Marking  graves  of  Confederate 
dead. 
Mexico: 

Near  city  of.     Sec.  4879,  R.  S. 

Subject  to  rules  and  regulations  of  United  States  national  military  cemeteries. 

Sec.  4880,  R.  S. 

Payment  for  land.     Sec.  4872,  R.  S. 
Railroads,  not  to  encroach  upon.     Act  of  Mar.  2,  1895  (28  Stat.  949);  sec.  1,  act 

of  June  25,  1910  (36  Stat.  723);  sec.  1,  act  of  Mar.  4,  1911  (36  Stat.  1399). 
Secretary  of  War — 

To  appoint  superintendents  arid  erect  buildings.     Sec  4873,  R.  S. 
To  pay  appraised  value  of  lands.     Sec.  4872,  R.  S. 
Superintendents  are  authorized  to  make  arrests.     Sec.  2,  act  of  Mar.  3,  1897 

(29  Stat.  621). 
Superintendent  to  make  arrests.     Sec.  4881,  R.  S. 


676  TABLE    OF   BELATED   STATUTES. 

National  defense  secrets,  Philippine  Islands,  jurisdiction  over  offense.     See  Philip- 
pine Islands. 
National  Homes  for  Disabled  Volunteer  Soldiers: 

Accounts.    Act  of  Aug.  18,  1894  (28  Stat.  411);  act  of  Mar.  3, 1901  (31  Stat.  1178); 

Act  of  Apr.  28,  1904  (33  Stat.  500). 
Balances,  disposal  of.    Act  of  Oct.  2, 1888  (25  Stat.  543). 
Bond,  assistant  treasurer.    Act  of  June  6, 1900  (31  Stat.  636). 
Bonds  of  depositaries.     Sec.  2,  act  of  July  9,  1886  (24  Stat.  129). 
Bonds,  officers'.     Act  of  Mar.  3,  1901  (31  Stat.  1178). 
Bonds  of  treasurers.    Act  of  Aug.  18, 1894  (28  Stat.  412). 
Branch  homes,  establishment,  sites  for.     Sec.  4,  act  of  Mar.  21,  1866  (14  Stat.  10); 

sec.  1,  act  of  Jan.  23,  1873  (17  Stat.  417);  sec.  4830,  R.  S.  and  act  of  July  7,  1898 

(30  Stat.  668). 
Branches,  officers',  qualifications.     Sec.  4829,  R.  S.,  and  act  of  Apr.  11,  1892 

(27  Stat.  15),  as  amended  by  act  of  June  28,  1902  (32  Stat.  472). 
Citizens  as  managers.     Sec.  4826,  R.  S. 
Duties,  board  managers.     Sec.  4834,  R.  S. 

Election  board  of  managers.   Sec.  4827,  R.  S.,  and  act  of  Mar.  3, 1901  (31  Stat.  1178). 
Estimates.    Act  Oct.  2,  1888  (25  Stat.  543). 
Estimates,  detailed.    Act  of  Mar.  3,  1879  (20  Stat.  390). 
Estimates,  itemized.     Act  of  Aug.  4,  1886  (24  Stat.  251). 
Exemptions  of  medical  officers.     Act.  Feb.  9,  1897  (29  Stat.  517). 
Expenditures.     Act  of  Mar.  3,  1887  (24  Stat.  539). 
Expenses,  board  of  managers.     Sec.  4828,  R.  S.,  and  act  of   Aug.    18,    1894   (28 

Stat.  412). 

Inmates  subject  to  Articles  of  War.     Sec.  4835,  R.  S.     Held  in  1870  unconstitu- 
tional.    In  re  Kelly,  71  Fed.  Rep.  545. 
Insane,  building  for.    Act  of  Mar.  3,  1881  (21  Stat.  447). 
Insane  patients.    Act  Aug.  7,  1882  (22  Stat.  330). 
Jurisdiction,  recession.     Act  of  Mar.  3,  1901  (31  Stat.  1175). 
Laws,  documents,  and  records  to  be  furnished.     Sec.  4837,  R.  S.,  and  act  July  26, 

1894  (28  Stat.  159). 
Loss  of  appropriation  where  permit  sale  of  intoxicating  liquors.    See  Medical 

Department. 

Mail  sent  free.    Act  of  Aug.  18,  1894  (28  Stat.  412). 
Money,  how  drawn.     Act  of  Mar.  3,  1875  (18  Stat.  359),  amended  by  act  of  Mar.  4, 

1909  (35  Stat.  1012). 
National  Sanitarium  in  connection  with  at  Hot  Springs,  South  Dakota.    See 

Medical  Department. 

New  buildings.     Act  of  Mar.  3,  1879  (20  Stat.  390). 

Officers  not  connected  with  liquor  traffic.     Act  of  Mar.  3,  1887  (24  Stat.  540). 
Organization.     Sec.  4825,  R.  S. 
Outdoor  relief.     Act  Aug.  23,  1894  (28  Stat.  492). 
Pay,  rates,  classified.     Act  Aug.  18,  1894  (28  Stat.  412);   Act  of  Mar.  2,  1895  (28 

Stat.  952). 

Pensions  due  inmates  paid  to  treasurers.    Act  Aug.  7,  1882  (22  Stat.  322). 
Pensions — 

Divided  with  wife.     Sec.  4766,  R.  S.,  and  act  of  Mar.  3, 1899  (30  Stat.  1379). 
To  inmates,  how  paid.     Sec.  2,  act  of  Feb.  26,  1881  (21  Stat.  350);    Act  of 

July  1,  1902  (32  Stat.  564). 
Persons  entitled  to  benefits.     Sec.  4832,  R.  S.,  and  sec.  5,  act  of  July  5,  1884 

(23  Stat.  121);   sec.  2,  act  of  Mar.  2,  1887  (24  Stat.  444);   sec.  5,  act  of  July  23, 

1888  (25  Stat.  341);    act  of  May  26,  1900  (31  Stat.  217),  amended  by  act  of 

Mar.  4, 1909  (35  Stat.  1012),  and  sec.  1,  act  of  June  25,  1910  (36  Stat.  736). 


TABLE  OF  RELATED  STATUTES.  677 

National  Home  for  Disabled  Volunteer  Soldiers — Continued. 
Purchases — 

By  Board  of   Managers.     Act  of  July  1,  1898  (30  Stat.  640). 
Supplies,  after  advertisement.     Act  Mar.  3,  1879  (20  Stat.  390);  act  June  11. 
1896  (29  Stat.  445). 

Receipts  from  sales.     Act  Aug.  18,  1894  (28  Stat.  412). 
Repairs,  funds  for.     Act  of  June  4,  1897  (30  Stat.  54). 
Salaries,  estimates.     Act  Aug.  5,  1892  (27  Stat.  384). 
Sites,  condemnation  of  land  for.     Act  July  19,  1897  (30  Stat.  105). 
State  and  Territorial  homes  to  be  paid  for  care  of  disabled  soldiers  and  sailors. 
Sec.  4825,  R.  S.,  and  act  of  Aug.  27    1888  (25  Stat.  450);  act  of  Apr.  28,  1904 
(33  Stat.  504). 

States  to  pay  half.    Act  of  Mar.  2,  1889  (25  Stat.  975);  act  of  Apr.  28,  1904  (33 
Stat.  504);  act  of  May  28,  1908  (35  Stat.  419);  act  of  May  4,  1909  (35  Stat.  1012). 
Supported  by  appropriations.     Sec.  4831,  R.  S.,  act  of  Mar.  3,  1875  (18  Stat.  359). 
Transfers  of  inmates.     Act  of  Aug.  23,  1894  (28  Stat.  492). 
Transportation  at  reduced  rates.     Sac.  9,  act  of  Mar.  2,  1889  (25  Stat.  855). 
Traveling  expenses,  officers.     Act  of  Aug.  18,  1894  (28  Stat.  412). 
Vacancies  occurring  in  membership  of  board  of  managers  of,  not  to  be  filled  until 
the  whole  number  of  members  of  such  board  is  reduced  to  five,  and  thereafter 
the  number  of  members  constituting  such  board  shall  not  exceed  five.    Act 
of  June  23,  1913  (38  Stat.  43). 
National  military  parks: 
Antietam  battlefield- 
Locating,  preserving,  marking,  etc.,  lines  of  battle.     Act  of  Aug.  30,  1890 
(26  Stat.  401);  act  of  Aug.  5,  1892  (27  Stat.  377);  act  of  Mar.  3,  1893  (27 
Stat.  599);  act  of  Mar.  2,  1895  (28  Stat.  950);  act  of  June  11,  1896  (29  Stat. 
443). 

Secretary  of  War  to  have  supervision  of.    Act  of  Aug.  30,  1890  (26  Stat.  401). 
Chickamauga  and  Chattanooga  National  Military  Park,  establishment  of  and 
general  provisions  concerning.     Act  of  Aug.  19, 1890  (26  Stat.  333);  act  of  Mar.  3, 
1891  (26  Stat.  978);  act  of  Aug.  5,  1892  (27  Stat.  376);  act  of  Mar.  3,  1893  (27 
Stat.  598);  act  of  Aug.  18, 1894  (28  Stat.  403);  act  of  Mar.  2, 1895  (28  Stat.  945). 
Donation  of  cannon,  etc.    Act  of  Aug.  5,  1892  (27  Stat.  376). 
Donation  of  land  for  roads.     Act  of  Mar.  3,  1893  (27  Stat.  599). 
Injury  to  monuments,  trees,  etc.;  penalty.    Act  of  Aug.  5,  1892,  sec.  10 

(27  Stat.  376). 

Leases  of  lands  within.    Act  of  Aug.  5,  1892  (27  Stat.  376). 
Location  of  State  monuments.    Act  of  June  4,  1897  (30  Stat.  43). 
Restriction  on  erection  of  monuments  in.     Act  of  Feb.  26,  1896  (29  Stat.  21). 
,         Right  of  way  to  Chattanooga  Rapid  Transit  Co.    Act  of  May  7,  1898  (30 

Stat.  399). 
States  may  ascertain  and  mark  lines  of  battle  therein.     Act  of  Aug.  19,  1890, 

sec.  8  (26  Stat.  333). 
Use  of  material  in  park  in  erection  of  monuments  by  States.     Joint  Res.  No.  8 

Oct.  2,  1893  (28  Stat.  12). 
Gettysburg  National  Park — 

Acceptance  of  land  from  Battlefield  Memorial  Association.     Act  of  Feb.  11, 

1895  (28  Stat.  651). 
Acquisition  of  additional  land.     Act  of  Feb.  11,  1895  (sees.  4,  5,  and  9)  (28 

Stat.  651). 

Acquisition  of  lands.     Joint  Res.  No.  30,  June  5,  1894  (28  Stat.  584). 
Commissioners,  compensation,  duty,  etc.    Act  of  Feb.  11,  1895,  sec.  3  (28 
Stat.  651). 


678  TABLE    OF   RELATED   STATUTES. 

National  military  parks — Continued. 

Gettysburg  National  Park — Continued. 

Continuing  surveys,  improvements,  etc.    Act  of  Aug.  18,  1894  (28  Stat.  405). 
Destroying,  injuring,  etc.,  statues,  fences,  shrubbery,  trees,  etc;  penalty. 

Act  of  Feb.  11,  1895,  sec.  7  (28  Stat.  651). 
Erection  of  monuments.     Act  of  Mar.  3,  1887  (24  Stat.  535);  act  of  Oct.  2, 

1888  (25  Stat.  538);  act  of  Feb.  1J,  1895,  sec.  8  (28  Stat.  651). 
Improvement  of  roads,  etc.     Act  of  June  10,  1896  (29  Stat.  384). 
Lease  of  lands  within.    Act  of  June  4,  1897  (30  Stat.  44). 
Monuments  and  avenues  for  marking  positions  of  troops,  etc.     Act  of  Mar.  3, 

1893  (27  Stat.  599). 
Secretary  of  War  to  provide  regulations.    Act  of  Feb.  11,  1895,  sec.  6  (28 

Stat.  651). 
Specimens  of  arms,  etc.,  used  in  battle  to  be  furnished.     Act  of  July  27,  1892 

(27  Stat.  276). 
Shiloh  National  Military  Park — 

Appropriation  for,  etc.     Act  of  Dec.  27,  1894,  sec.  8  (28  Stat.  597). 
Commissioners,  compensation,  duty,  etc.     Act  of  Dec.  27,  1894,  sees.  4  and  5 

(28  Stat.  597). 
Condemned  cannon  balls,  etc.,  to  be  furnished  to.     Act  of  June  11,  1896 

(29  Stat.  442). 

Establishment  of,  and  general  provisions.     Act  of  Dec.  27,  1894  (28  Stat.  597). 
Injuring  or  destroying  monuments,  fences,  shrubbery,  trees,  etc.     Act  of 

Dec.  27,  1894,  sec.  7  (28  Stat.  597). 

Leases  of  lands  within.     Act  of  Dec.  27,  1894,  sec.  3  (28  Stat.  597). 
Location  of  office,  limitation  on  purchase  of  land,  etc.     Act  of  Mar.  2,  1895 

(28  Stat.  945). 

Marking  lines  of  battle,  etc.     Act  of  Dec.  27,  1894,  sec.  6  (28  Stat.  597). 
Vicksburg  National  Military  Park — 

Acquisition  of  lands  for.     Sec.  2,  act  of  Feb.  21,  1899  (30  Stat.  841). 
Commissioners,  duties,  salary,  etc.     Sees.  4  and  5,  act  of  Feb.  21,  1899  (30 

Stat.  842). 

Construction  of.     Sec.  8,  act  of  Feb.  21,  1899  (30  Stat.  843). 
Establishment  of,  extent,  etc.     Act  of  Feb.  21,  1899  (30  Stat.  841). 
Injury  to  monuments,  trees,  etc.;  penalty.     Sec.  7,  act  of  Feb.  21,  1899 

(30  Stat.  843). 

Leases  of  lands  within.     Sec.  3,  act  of  Feb.  21,  1899  (30  Stat.  841). 
State  monuments,  erection.     Sec.  6,  act  of  Feb.  21,  1899  (30  Stat.  842). 
National  parks: 

Ejectments  from  lands  purchased  for.     Act  of  Mar.  3,  1897,  sec.  4  (29  Stat.  621). 
General  Grant;  employment  of  military  force  to  prevent  trespassers  or  intruders 
from  destroying  the  game  or  objects  of  curiosity  therein.     Act  of  June  6,  1900 
(31  Stat.  618). 

Penalty  for  hunting,  shooting,  trespassing,  etc.     Act  of  Mar.  3,  1897  (29  Stat.  621). 
Removal  of  trespassers,  etc.,  from  General  Grant,  Sequoia,  and  Yosemite.     See 

Employment  of  military  force. 

Sequoia;  employment  of  military  force  to  prevent  trespassers  or  intruders  from 
destroying  the  game  or  objects  of  curiosity  therein.     Act  of  June  6,  1900  (31 
Stat.  618). 
Yellowstone  National  Park: 

Belongs  to  judicial  district  of  Wyoming.     Sec.  2,  act  of  May  7,  1894  (28  Stat. 

73). 

Commissioners,  duties  of:  Trials  of  offenders,  appeals,  limits  of  authority,  etc. 
Sees.  5  and  7,  act  of  May  7,  1894  (28  Stat.  73). 


TABLE   OF   RELATED   STATUTES.  679 

National  parks — Continued . 

Yellowstone  National  Park — Continued. 

Deputy  marshals  and  terms  of  court.     Sec.  6,  act  of  May  7,  1894  (28  Stat,  73). 
Employees;  appointment,  compensation,  etc.     Act  of  Mar.  3,  1883  (22  Stat. 

626). 

Establishment.     Sec.  2474,  R.  S. 

Jail  and  office  building.     Sec.  9,  act  of  May  7,  1894  (28  Stat.  73). 
Leases  within  authorized.     Act  of  Aug.  3,  1894  (28  Stat.  222). 
Penal  provisions  relating  to  hunting,  fishing,  violation  of  regulations,  etc. 

Sec.  4,  act  of  May  7,  1894  (28  Stat.  73). 

Protection  of  fish  and  game  and  removal  of  trespassers,  etc.     Sec.  2475,  R.  S. 
Punishment  of  offenses  under  Wyoming  laws.     Sec.  3,  act  of  May  7,  1894 

(28  Stat.  73). 
Road  extensions  and  improvements  to  be  under  Chief  of  Engineers.     Act  of 

June  6,  1900  (31  Stat.  625). 

Secretary  of  Interior  to  have  control.     Sec.  2475,  R.  S. 

Secretary  of  the  Interior  to  make^regulations  for  management,  care,  and  pro- 
tection of.     Sec.  4,  act  of  May  7,  1894  (28  Stat.  73). 
Under  exclusive  jurisdiction  of  the  United  States.     Sec.  1,  act  of  May  7, 1894 

(28  Stat.  73). 

Yosemite;   employment  of  military  force  to  prevent  trespassers  or  intruders 
from  destroying  the  game  or  objects  of  curiosity  therein.     Act  of  June  6, 
1900  (31  Stat.  618). 
National  Sanitarium,  Hot  Springs,  S.  Dak.,  in  connection  with  National  Home  for 

Disabled  Volunteer  Soldiers.     See  Medical  Department. 

Native  wines,  Philippine  Islands,  sale  of,  to  soldiers,  etc.     See  Philippine  Islands. 
Naturalization: 

Alien  enemies  not  admitted.     Sec.  2171,  R.  S. 

Aliens  of  African  nativity  and  descent.     Sec.  2169,  R.  S.,  and  act  of  Feb.  18, 1875 

(18  Stat.  318). 

Aliens,  declared  intention,  oath,  residence,  etc.     Sec.  2165,  R.  S.,  and  act  of  Feb. 

1,  1876  (19  Stat.  2)  replaced  by  sees.  3  and  4,  act  of  June  29,  1906  (34  Stat.  596). 

Children  of  naturalized  persons.     Sec.  2172,  R.  S.,  as  amended  by  sec.  5,  act 

of  Mar.  2,  1907  (34  Stat.  1229). 

Declaration  of  intention,  how  made.     Sec.  5,  act  of  June  29,  1906  (34  Stat.  598). 
False  certificate  of  citizenship,  penalty.     Sec.  74,  act  of  Mar.  4,  1909,  Criminal 

Code  (35  Stat.  1102). 
Indians  adopting  civilized  life  and  allottees.     Sec.  6,  act  of  Feb.  8,  1887  (24  Stat. 

390). 
Minor  residents.     Sec.  2167,  R.  S.,  replaced  by  sec.  4,  act  of  June  29,  1906  (34 

Stat.  596). 
Petitions  filed  in  term  time  or  vacation.     Sec.  6,  act  of  June  29,  1906  (34  Stat. 

598). 
Residence  required.     Sec.  2170,  R.  S.,  as  amended  by  sec.  10,  act  of  June  29, 1906 

(34  Stat.  599). 

Restrictions,  qualifications,  procedure,  etc.     Act  of  June  29.  1906  (34  Stat.  598). 
Widow  and  dependent  children  of  declarants.     Sec.  2168,  R.  S.,  replaced  by  sec. 

4,  act  of  June  29,  1906  (34  Stat.  598). 

Naval  Militia,  District  of  Columbia,  authorization  of,  etc.     See  Militia. 
Naval  radio  station,  Canal  Zone.     See  Panama  Canal. 
Navigable  waters: 

Authority  for  construction  of  fish  ways  in.     See  Corps  of  Engineers. 

Bridges,  dams,  etc.,  over  or  across.    See  Corps  of  Engineers. 

Harbor  lines,  establishment  and  extension  of.    See  Corp^  of  Engineers. 


680  TABLE   OF  BELATED  STATUTES. 

Navigable  waters — Continued. 

Mississippi  River,  piers  and  cribs  in,  snag  boats  and  water  gauges  on,  South 

Pass  of,  etc.    See  Corps  of  Engineers. 
Mississippi  River  Commission,  creation,  duties,  headquarters  of,  etc.    See  Corps 

of  Engineers. 
Missouri  River  Commission,  composition,  creation,  duties,  etc.,  of.     See  Corps  of 

Engineers. 

New  York  Harbor,  regulations  governing,  etc.     See  Corps  of  Engineers. 
Obstruction  of,  by  bridges,  etc.,  navigable  rivers  form  public  highways,  etc. 

See  Corps  of  Engineers.  - 

Porto  Rico,  permits  for  construction  of  works  in.     See  Porto  Rico. 
Public  works,  unauthorized  use  of.     See  Corps  of  Engineers. 
River  and  harbor  works,  estimates,  reports,  surveys,  etc.    See  Corps  of  Engineers. 
Wharf  property,  District  of  Columbia,  control  of.    See  Corps  of  Engineers. 
Navigation  laws,  Philippine  Islands,  administration  of,  etc.    See  Philippine  Islands. 
Navigation,  obstructions  to,  penal  clauses,  removal  of  sunken  vessels,  wrecks,  etc. 

See  Corps  of  Engineers. 

Navy,  Fort  Bayard  Hospital,  treatment  of  officers  and  men  at.    See  Medical  Depart- 
ment. 

New  Panama  Canal  Co.,  purchase  of  rights  of.     See  Panama  Canal. 
New  York  Harbor,  regulations  governing,  etc.    See  Corps  of  Engineers. 
Neutrality;  ministers  of  United  States  in  foreign  countries  may  issue  writs  to  prevent 
enlistment  of  Americans  in  military  service  of  foreign  governments.     Sec.  4090,  R.  S. 
Nicaragua  canal,  as  alternative  route,  authorized.     See  Panama  Canal. 
Nicaragua,  concessions  from.    See  Panama  Canal. 
Nonindebtedness,  Army  officers  accountable  for  public  property  to  secure  certificates 

of,  before  discharge.     See  Public  property. 

Northern  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
Nurses,  Army,  pensionable  status.    See  Pensions. 
Oaths: 

Pension  claims,  etc.,  before  authorized  officer.     See  Pension. 
Philippine  Islands,  who  may  administer.     See  Philippine  Islands. 
Postmasters  may  administer,  as  to  pension  matters.     See  Pensions. 
Offenses  on  military  reservations,  not  prohibited  by  Federal  law,  how  punished.     See 

Public  property. 
Official  business,  subsistence  allowance  to  be  paid  to  persons  traveling  outside  the 

District  of  Columbia  on.     See  District  of  Columbia. 

Offenses  on  high  seas,  Philippine  Islands,  jurisdiction  over.    See  Philippine  Islands. 
Officers  and  employees,  use  of,  in  affording  relief,  protection,  and  transportation  to 
American  citizens  in  Europe,  made  necessary  by  existing  political  disturbances. 
See  Europe. 

Ohio  Valley  flood  of  March,  1913,  relief  of  lessees  of  water  power  on  Muskingum 
River,  Ohio,  whose  property  was  destroyed  by. 
See  Corps  of  Engineers. 
Ordnance  and  ordnance  stores: 

Issue  to  the  militia,  credit  to  appropriation  for.     See  Militia. 
Replacing  stores  carried  into  war  with  Spain.     See  Militia. 
Sale  of  rifles,  etc.,  to  Cuba.     See  Cuba. 
Panama  Canal.    See  also  Isthmian  Canal  Commission. 

Acquisition  of  right  of  way  from  Republic  of  Colombia.     Sees.  2  and  3,  act  of 

June  28,  1902  (32  Stat.  481). 
Advertising,  unserviceable  equipment,  etc.,  may  be  sold  without.     Sec.  8,  act 

of  Aug.  1,  1914  (38  Stat.  679). 
Alternative  route  authorized.     Sec.  4,  act  of  June  28,  1902  (32  Stat.  482). 


TABLE   OF   RELATED  STATUTES.  681 

Panama  Canal — Continued. 

Appropriation  for  property  of  canal  company  and  for  right  of  way.     Sec.  3,  act  of 

June  28,  1902  (32  Stat.  482). 
Appropriations.     Sec.  5,  act  of  June  28,  1902  (32  Stat.  483). 

For  construction  available  for  payment  of  obligations  of  canal  commission. 

Sec.  4,  act  of  May  27,  1908  (35  Stat.  387). 
To  continue.     Sec.  2,  act  of  Dec.  21,  1905  (34  Stat.  5). 
Bonds — 

On  circulating  notes  of  national  banks  based  on  deposit  of.     Act  of  Dec.  21, 

1905  (34  Stat.  5). 
Provisions  against  use  as  security  for  national-bank  circulating  notes.     Act 

of  Mar.  2,  1911  (36  Stat.  1013). 
Reimbursement  of  expenditures  from  sale  of.     Act  of  Aug.  5,  1909  (36  Stat. 

117);  act  of  Mar.  4,  1911  (36  Stat.  1450). 
Rights  and  privileges  of.     Act  of  Dec.  21,  1905  (34  Stat.  5). 
To  defray  expenses,  issue,  interest,  exemption  from  taxation.     Sec.  8,  act  of 
June  28.  1902  (32  Stat.  484);  act  of  Dec.  21,  1905  (34  Stat.  5);  eec.  39,  act 
of  Aug.  5,  1909  (36  Stat.  117). 

Building  for  Government  exhibit  on  Presidio  of  San  Francisco.    See  Panama- 
Pacific  International  Exposition. 
Use  of  building  at  close  of  exposition.     See  Panama-Pacific  International 

Exposition. 
Canal  Zone — 

Civil  government  of,  general  provisions.     Sec.  7,  act  of  Aug.  24,  1912  (37 
Stat.  564). 
District  courts  established,  rules,  procedure.    Sec.  8,  act  of  Aug.  24,  1912 

(37  Stat.  564). 

Governor,  appointment  of.     Sec.  4,  act  of  Aug.  24,  1912  (37  Stat.  561). 
United  States  citizens,  magistrates,  and  constables.     Sec.  7,  act  of  Aug. 

24,  1912  (37  Stat.  564). 
Customs  duties,  laws  applicable  to  imports  from.     Act  of  Mar.  2,  1905  (33 

Stat.  843). 
Customs  duties  on  imports  from,  reappropriated  for  construction.     Sec.  5,  act 

of  May  27,  1908  (35  Stat.  387). 
Docks,  storehouses,  etc.,  establishment  of.     Sec.  6,  act  of  Aug.  24,  1912  (37 

Stat.  564). 
Extent  of;  acquirement  of  additional  land.    Act  of  Aug.  24,  1912  (37  Stat. 

560). 

Land  survey  of.     Sec.  4,  act  of  Feb.  27,  1909  (35  Stat.  658). 
Leases  of  public  lands  in.     Sees.  1,  2,  3,  act  of  Feb.  27,  1909  (35  Stat.  658). 
Naval  radio  stations,  establishment  of.     Sec.  6,  act  of  Aug.  24,  1912  (37  Stat. 

563). 
Not  embraced  by  term  "United  States"  in  immigration  act.     Sec.  33,  act  of 

Feb.  20,  1907  (34  Stat.  908). 

Possession  and  occupation.     Act  of  Apr.  28,  1904  (33  Stat.  429). 
Right  to  remain  in  or  pass  over;  regulated  by  governor.     Sec.  10,  act  of  Aug. 

24,  1912  (37  Stat.  564). 

Temporary  government.     Sec.  2,  act  of  Apr.  28,  1904  (33  Stat.  429). 
Capacity.     Sec.  3,  June  28,  1902  (32  Stat.  482). 
Consolidation  of  Zone  government,  railroad,  and  canal  funds.     Sec.  1,  act  of  Aug. 

1,  1914  (38  Stat.  679). 

Contracts  for.  Sec.  5,  act  of  June  28,  1902  (32  Stat.  483);  sec.  6,  act  of  Mar.  4,  1906 
(34  Stat.  1370);  act  of  Aug.  5,  1909  (36  Stat.  130). 


682  TABLE  OF  RELATED  STATUTES. 

Panama  Canal — Continued. 

Costa  Rica  and  Nicaragua;  concessions  to  be  obtained  from.     Sec.  4,  June   28, 

1902  (32  Stat.  482). 
Deduction  from  pay  for  amounts  due  from  employees.     Sec.  8,  act  of  Mar.  4,  1907 

(34  Stat.  1371). 

Defense,  etc.     Sec.  3,  act  of  June  28,  1902  (32  Stat.  482). 
Employment  of  persons  for;  compensation.     Sec.  3,  act  of  June  28,  1902  (32  Stat. 

482). 
Estimates,  detailed  to  be  submitted  hereafter.     Sec.  6,  act  of  Aug.  1,  1914  (38 

Stat.  679). 

Foreign  officials,  entertainment  of  in  connection  with  Panama-Pacific  Interna- 
tional Exhibition.    See  Panama-Pacific  International  Exhibition. 
Guaranty  of  use  of  canal  and  harbors  to  country  ceding  rights.     Sec.  6,  act  of  June 

28,  1902  (32  Stat.  483). 

Harbors.     Sec.  3,  act  of  June  28,  1902  (32  Stat.  482). 
Injuries  to,  punishment.     Sec.  10,  act  of  Aug.  24,  1912  (37  Stat.  564). 
Isthmian  Canal  Commission,  duties,  etc.,  of.     See  Corps  of  Engineers. 
Leaves  of  absence  to  employees.    Act  of  Feb.  24.  1909  (35  Stat.  645). 
Liability  of  common  carriers  for  injuries  to  employees.     Sees.  2  to  8,  act  of  Apr.  22, 

1908  (35  Stat.  65). 

Lock  canal  to  be  constructed.    Act  of  June  29,  1906  (34  Stat.  611). 
Material  and  equipment  for,  domestic  manufacture.    Joint  Res.  No.  35,  June  25, 

1906  (34  Stat.  835). 
Moneys  received  from  services,  supplies,  etc.,  disposition  of.     Sec.  3,  act  of  Aug. 

1,  1914  (38  Stat.  678). 
New  Panama  Canal  Co.,  purchase  of  lands  and  rights  from,  authorized.     Act  of 

June  28,  1902  (32  Stat.  481). 
Nicaragua  Canal,  as  alternative  route,  authorized.     Sec.  4,  act  of  June  28, 1902  (32 

Stat.  482). 

"Panama  Canal  act."     Act  of  Aug.  24,  1912  (37  Stat.  560). 
Panama,  payment  to.    Act  of  Apr.  28,  1904  (33  Stat.  429). 
Panama  Railway  Co.,  purchase  of  capital  stock  of.     Act  of  June  28,  1902  (32  Stat. 

481). 
Contracts  with  Army  and  Navy;  form,  duration,  bond.     Sec.  6,  act  of  Mar.  4. 

1911  (36  Stat.  1452). 

Insurance,  payment  of  notes.     Sec.  2,  act  of  Mar.  4, 1911  (36  Stat.  1451). 
Payment  of  annual  subsidy  not  required.    Act  of  June  25,  1910  (36  Stat.  772). 
Provisions  relating  to  construction  of  canal  works,  etc.,  not  applicable  to.     Sec.  6, 

Act  of  Mar.  3,  1909  (35  Stat.  818). 

Public  property,  unserviceable  equipment,  etc.,  may  be  sold  without  adver- 
tising.   Sec.  8,  act  of  Aug.  1,  1914  (38  Stat.  679). 
Purchase  of  rights,  etc.,  of  New  Panama  Canal  Co.     Act  of  June  28,  1902  (32  Stat. 

481). 
Registry  American  ships,  general  provisions.     Sec.  5,  act  of  Aug.  24,  1912  (37 

Stat.  562). 
Reports  as  to  construction,  accounts  of  receipts,  etc.     Sec.  3,  act  of  Dec.  21, 1905 

(34  Stat.  5). 
Republic  of  Colombia,  right  of  way  from.     Sees.  2  and  3,  act  of  June  28, 1902  (32 

Stat.  481). 

Revenues,  distribution  of.     Sec.  2,  act  of  Aug.  1,  1014  (38  Stat.  678). 
Sales  of  construction  material,  etc.,  disposition  of  receipts  from.     Sec.  3,  actof 

Aug.  1,  1914  (38  Stat.  678). 


TABLE  OF  RELATED  STATUTES.  683 

Panama  Canal — Continued. 

Tolls,  basis  of.     Sec.  5,  act  of  Aug.  24,  1912  (37  Stat.  562). 

Basis  of.    Minimum  modified.     Sec.  2,  act  of  June  15,  1914  (38  Stat.  386). 
Exemption  of  coastwise  vessels  repealed.    Sec.  1,  act  of  June  15,  1914  (38 

Stat.  385). 

President  to  prescribe  changes  in.     Sec.  5,  act  of  Aug.  24,  1912  (37  Stat.  562). 
Unit  cost  of  construction  work.     Sec.  8,  act  of  Aug.  1,  1914  (38  Stat.  679). 
Unserviceable  equipment,  etc.,  may  be  sold  without  advertising.     Sec.  8,  act  of 

Aug.  1,  1914  (38  Stat.  679). 
Panama-California  Exposition,  detail  of  Army  officer,  on  active  or  retired  list,  with. 

See  Details  of  Army  officers. 
Panama-Pacific  International  Exposition: 

Building  for  Government  exhibit.    Act  of  Aug.  1,  1914  (38  Stat.  667). 

Cession  of  jurisdiction  to  State  of  California  over  portions  of  the  Presidio  of 
San  Francisco  and  Fort  Mason  Military  Reservations  used  for  exposition 
purposes  during  such  occupancy.    Joint  Res.  No.  53  (38  Stat.  783). 
Construction  of,  on  Presidio  of  San  Francisco  Military  Reservation.     Act  of 

Aug.  1,  1914  (38  Stat.  667). 
Detail  of  Army  officer,  on  active  or  retired  list,  with.     See  Details  of  Army 

officers. 

Details  of  Army  and  Navy  officers  with,  permitted,  allowances  in  lieu  of  trans- 
portation and  mileage,  etc.     Act  of  June  23,  1913  (38  Stat.  76). 
Entertaining  foreign  officials,  etc.,  at.     Act  of  Aug.  1,  1914  (38  Stat.  667). 
Use  of  building  at  close  of  exposition.     Act  of  Aug.  1,  1914  (38  Stat.  667). 
Panama  Railroad,   consolidation  of   the  zone  government,   canal    fund,  and.    See 

Panama  Canal. 

Panama  Railway  Company,  purchase  of  capital  stock  of.     See  Panama  Canal. 
Panama,  Republic  of,  payment  to.     See  Panama  Canal. 
Park  system,  District  of  Columbia: 

Filled-in  canal  spaces,  etc.,  added  to.    See  Corps  of  Engineers. 
Potomac  Park  made  part  of.    See  Corps  of  Engineers. 
Parole  of  military  prisoners.    See  Federal  prisoners. 
Parole  of  United  States  prisoners,  Federal  parole  law.     Act  of  June  25,  1910  (36  Stat. 

819),  as  amended  by  act  Jan.  23,  1913  (37  Stat.  650). 
Pay  Department,  appointments  in,  from  volunteers.     Act  of  Mar.  2,  1901  (31  Stat. 

900). 
Peace  officers,  Philippine  Islands,  Army  officers  as  attorneys  and.    See  Philippine 

Islands. 
Pensions: 

Abandonment  of  children  or  immoral  conduct  by  widow  forfeits.     Sec.  4706,  R.  S. 

Accrued.     Sec.  4710,  R.  S. 

Accrued.    Act  of  June  3, 1884  (23  Stat.  35),  and  act  of  March  1, 1889  (25  Stat.  782). 

Affidavits,  false  or  post-dated  vouchers,  penalty.     Sec.  4746,  R.  S. 

Agencies  in  three  groups.     Sec.  2,  act  of  Mar.  3,  1891  (26  Stat.  1082). 

Agents,  appointment  and  term  of  office.     Sec.  4778,  R.  S. 

Agents,  bonds.     Sec.  108,  act  of  Mar.  4,  1909;  Criminal  Code  (35  Stat.  1107). 

Army  nurses.    Act  of  Aug.  5,  1892  (27  Stat.  348). 

And  pay  not  allowed  persons  in  Army,  Navy,  or  Marine  Corps,  unless,  etc.     Sec. 

4724,  R.  S. 

Arrears,  commencement.     Sec.  1.  act  of  Jan.  25,  1879  (20  Stat.  265). 
Arrears,  payment.     Sec.  4711,  R.  S. 
Assignment,  pledge  or  transfer  void.     Sec.  4745,  R.  S. 
Attachment,  not  liable  to.     Sec.  4747,  R.  S. 


684  TABLE  OF  RELATED  STATUTES. 

Pensions — Continued . 

Attorneys'  fees.     Sec.  3,  act  of  July  4, 1884  (23  Stat.  99) ;  sec.  4,  act  of  June  27, 1890 

(26  Stat.  183);  act  of  May  28,  1908  (35  Stat.  419);  sec.  3,  act  of  Apr.  19,  1908  (35 

Stat.  64). 

Amounts  to  be  filed.     Sec.  4,  act  of  July  4,  1884  (23  Stat.  99). 
Deducted  by  agent.     Sec.  4769,  R.  S. 

Certain  pensions  equalized.    Act  of  June  6,  1874  (18  Stat.  61). 
Certificate  and  attorneys'  fees.     Sec.  4768,  R.  S. 
Certificate  of  official  character  of  officers  without  seal.    Joint  Res.  No.  43,  Sept.  1, 

1890  (26  Stat.  679). 

Check  to  order  of  each  pensioner.     Sec.  4765,  R.  S. 
Children,  legitimate.     Sec.  4704,  R.  S. 
Citizenship.    Act  of  Feb.  3,  1892  (27  Stat.  429). 
Civil  examining  surgeons.     Sec.  4777,  R.  S.,  as  amended  by  act  of  May  28,  1908 

(35  Stat.  419). 
Civil  service.     Act  of  Mar.  1 ,  1879  (20  Stat.  327);  act  of  June  6,  1866  (14  Stat.  57); 

act  of  Mar.  4,  1909  (35  Stat.  1058). 
Claimant  may  inspect  surgeon's  report.     Act  of  July  18,  1894  (28  Stat.  113) 

as  amended  by  act  of  May  28,  1908  (35  Stat.  419). 

Claims  exempt  from  revenue  stamps.     Act  of  June  13,  1898  (30  Stat.  462). 
Claims,  removal  of  limitations  of  prosecution.     Sec.  3,  act  of  Jan.  25,  1879  (20 

Stat.  265). 

Commencement.     Act  of  Mar.  6,  1896  (29  Stat.  45);  sec.  1,  act  of  July  1,  1902 
-    (32  Stat.  750). 

Commencement  in  wars  prior  to  Mar.  4,  1861.     Sec.  4713,  R.  S. 
Commissioner.     Sec.  470,  R.  S. 
Duties.    Sec.  471,  R.  S. 
Assistant.     Sec.  472,  R.  S. 
Continuance.     Sec.  4733,  R.  S. 

Deafness,  increase  of  rate.    Act  of  Aug.  27,  1888  (25  Stat.  449). 
Death  of  pensioner.     Sec.  4765,  R.  S. 
Death,  proof  of.    Act  of  Mar.  13,  1896  (29  Stat.  57). 

Declarations  in  foreign  countries.     Sec.  2,  act  of  July  26,  1892  (27  Stat.  272). 
Declarations.     Sec.  1,  act  of  July  26,  1892  (27  Stat.  272). 
Dependent  parents.     Sec.  1,  act  of  June  27,  1890  (26  Stat.  182). 
Deserters,  not  so  deemed.     Sec.  4749,  R.  S.,  as  amended  by  Joint  Res.  of  June 

28,  1906  (34  Stat.  836). 
Disloyalty  a  bar  to.     Sec.  4716,  R.  S.,  as  amended  by  sec.  5,  act  of  Jan.  29, 1887  (24 

Stat.  371),  and  sec.  6,  act  of  July  27,  1892  (27  Stat.  281);  amended  by  sec.  1, 

act  of  July  1,  1902  (32  Stat.  750). 
Disloyalty  removed  in  certain  cases.     Act  of  Aug.  1,  1892  (27  Stat.  340),  and 

Apr.  18,  1900  (31  Stat.  136);  also  act  of  Mar.  3,  1899  (30  Stat.  1379). 
Embezzlement  by  guardian.     Sees.  4783, 5486,  R.  S.;  act  of  Feb.  10, 1891  (26  Stat. 

746). 
Examination  fees.     Act  of  Apr.  4,  1900  (31  Stat.  61);  replaced  by  act  of  May  28, 

1908  (35  Stat.  419). 

Expert  surgeons.     Act  of  July  25,  1882  (22  Stat.  176). 
False  affidavit.     Sec.  4746,  R.  S. 
Fees  for  increase,  $2.     Act  of  Mar.  3,  1891  (26  Stat.  1082). 

None  in  arrears.     Sec.  4,  act  of  July  4,  1884  (23  Stat.  99). 
For  permanent  specific  disability  prior  to  June  4,  1872.     Sec.  4697,  R.  S. 
Hands,  loss  of  both,  increase.     Act  of  Feb.  12,  1889  (25  Stat.  659). 
Increase  of.    Act  of  June  16,  1880  (21  Stat.  281). 


TABLE  OF  BELATED  STATUTES.  685 

Pensions — Continued. 

Increase  for  loss  of  limbs.    Act  of  Aug.  4, 1886  (24  Stat.  220),  amended  by  act  of 

Mar.  2,  1903  (32  Stat.  944). 

Increase  not  to  commence  prior  to  date  of  surgeon's  certificate.     Sec.  4698$,  R.  S. 
Increase  of  rate.     Act  of  June  18,  1874  (18  Stat.  78). 
Indian  wars  prior  to  1842.     Act  of  July  27,  1892  (27  Stat.  281);  act  of  June  27, 1902 

(32  Stat.  399);  act  of  May  30,  1908  (35  Stat.  553). 

Inmates,  National  Homes  for  Disabled  Volunteer  Soldiers,  how  paid.    See  Na- 
tional Homes  for  Disabled  Volunteer  Soldiers. 
Inspection  of  agencies.     Act  of  Aug.  8,  1882  (22  Stat.  373). 
Instructions  free  of  charge.     Sec.  4748,  R.  S. 
Invalid,  dependent  soldiers.     Sec.  2,  act  of  May  9,  1900  (31  Stat.  170);  act  of 

Feb.  6,  1907  (34  Stat.  897);  act  of  Mar.  4,  1907  (34  Stat.  1406). 
Investigation  of  fraud.     Sec.  474,  R.  S. 
Investigating  officers  may  administer  oaths.     Sec.  3,  act  of  Mar.  3,  1891  (26  Stat. 

1083). 

Legal  disabilities.     Sec.  4766,  R.  S. 

Loss  of  arm  at  shoulder  joint.     Act  of^Iar.  3,  1885  (23  Stat.  437). 
Loss  of  both  hands,  feet,  or  eyes.    Act  of  June  17,  1878  (20  Stat.  144);  amended 

by  act  of  Apr.  8,  1904  (33  Stat.  163). 

Loss  of  leg  at  hip  joint.     Act  of  Mar.  3,  1879  (20  Stat.  483). 
Marriage,  proof  of.     Act  of  Aug.  7,  1882  (22  Stat.  345). 
Marriage  must  be  proven  legal.     Sec.  2,  act  of  Aug.  7,  1882  (22  Stat.  345). 
Medical  referee  and  examining  surgeon.     Sec.  4776,  R.  S. 
Mexican  War,  increased  to  $12  per  month.     Act  of  Jan.  5,  1893  (27  Stat.  413). 
Mexican  War.     Sec.  4730,  R.  S. 

Minimum  rate,  $6  per  month.     Act  of  Mar.  3,  1895  (28  Stat.  704). 
Missouri  Militia.    Joint  Res.  No.  13,  Feb.  15,  1895  (28  Stat.  970). 
No  fee  to  agent,  etc.     Sec.  2,  act  of  Aug.  5,  1892  (27  Stat.  348). 
Not  to  be  withheld.     Sec.  4734,  R.  S. 

Oaths,  before  authorized  officers.     Act  of  July  1,  1890  (26  Stat.  209). 
Oaths  by  officers,  fee.    Act  of  June  7,  1888  (25  Stat,  174);  act  Mar.  1,  1889  (25 

Stat.  782);  and  act  of  Mar.  23,  1896  (29  Stat.  74). 
One  at  a  time.     Sec.  4715,  R.  S. 

Payment  by  check.     Act  of  June  30,  1890  (26  Stat.  187). 
Payments  by  attorneys  to  pensioners  in  foreign  countries  prohibited.    Act  Mar. 

14,  1898  (30  Stat.  276). 
Persons  receiving  special  pension  not  to  receive  any  other  relief.     Sec.  5,  act 

July  25,  1882  (22  Stat.  176);  act  of  Mar.  4,  1909  (35  Stat.  1058). 
Postmasters,  fourth  class,  may  administer  oaths.     Act  of  Aug.  23,  1894  (28  Stat. 


Presumption  as  to  disability  at  enlistment.     Act  of  Mar.  3,  1885  (23  Stat.  361). 

Rate  of  arrears.     Act  of  Mar.  3,  1879  (20  Stat.  470). 

Rate  for  dependent  widow  and  minor  children.     Sec.  3,  act  of  May  9,  1900  (31 

Stat.  171);  amended  by  sec.  2,  act,  of  Apr.  19,  1908  (35  Stat.  64). 
Rate  increased  to  $12  per  month  to  all  survivors.     Act  of  Apr.  23,  1900  (31  Stat. 

137);  act  of  Mar.  3,  1903  (32  Stat.  1228). 
Sixty  days  service  in  Mexican  War  or  personally  named  by  Congress  for  specific 

service  in  that  war.     Act  of  Jan.  29,  1887  (24  Stat.  371). 
Special  examinations.     Sec.  3,  act  of  June  21,  1879  (21  Stat.  30). 
Special  investigation  of  fraud.     Sec.  4744,  R.  S. 
Surgeons,  appointment.     Sec.  4,  act  of  July  4,  1882  (22  Stat.  175). 
Surgeons  reports.     Act  of  Dec.  22,  1896  (29  Stat.  479);  amended  by  act  of  May 

28,  1908  (35  Stat.  419). 


686  TABLE    OF   BELATED   STATUTES. 

Pensions — Continued . 

Suspension  of,  notice.     Act  of  Dec.  21,  1893  (28  Stat.  18). 

Total  blindness.     Act  of  Mar.  3,  1879  (20  Stat.  484). 

Unclaimed.     Sec.  4719,  R.  S. 

Vouchers.     Sec.  4767,  R.  S. 

To  pensioners  quarterly.     Sec.  4764,  R.  S. 

Widows  and  children  of  pensioners  of  War  of  1812  and  Indian  Wars.  Sec.  473, 
R.  S. 

Widows  of  colored  and  Indian  soldiers.     Sec.  4705,  R.  S. 

Widows,  commence  from  date  of  death  of  husband.  Act  of  June  7,  1888  (25  Stat. 
173). 

Widow  not  to  receive  for  same  time  husband  had  received  same.  Sec.  4735, 
R.  S. 

Widows  of  soldiers  of  Mexican  WTar.     Sec.  4731,  R.  S. 

Per  diem  subsistence  allowance  for  persons  traveling  on  official  business  outside  Dis- 
trict of  Columbia.    See  District  of  Columbia. 
Philippine  Islands: 

Acquisition  of  privately  owned  land  for  military  purposes.  Sec.  7,  act  No.  627, 
Philippine  Commission,  enacted  Feb.  9,  1903,  as  amended  by  sec.  1,  Act  No. 
806,  Philippine  Commission,  enacted  July  24,  1903. 

Action  for  enforcement  of  right  of  eminent  domain  on  behalf  of  United  States, 
how  instituted.  Sec.  2,  Act  No.  665,  Philippine  Commission,  enacted  Mar.  5, 
1903. 

Appointment  to  civil  service,  preference  to  be  given,  among  those  eligible,  to 
certain  named  classes.  Sec.  6,  Act  No.  1698,  Philippine  Commission,  enacted 
Aug.  26,  1907. 

Army  to  aid  civil  authorities  whenever  called  upon  by  latter.  Sec.  7,  Act  No. 
83,  Philippine  Commission,  enacted  Feb.  6,  1901,  as  amended  by  sec.  21,  Act 
No.  175,  Philippine  Commission,  enacted  July  18, 1901,  and  sec.  1,  Act  No.  255, 
enacted  Oct.  3,  1901. 

Army  officers  as  attorneys.  Sec.  1,  Act  No.  856,  Philippine  Commission,  enacted 
Aug.  27,  1903. 

Army  officers  as  peace  officers,  authority  of.  Sec.  20,  Act  No.  787,  Philippine 
Commission,  enacted  June  1,  1903,  providing  for  organization  and  government 
of  Moro  Province,  as  amended  by  sec".  11,  Act  No.  1283,  Philippine  Commission 
enacted  Jan.  13,  1905;  sec.  1,  Act  No.  1797,  Philippine  Commission,  enacted 
Oct.  12,  1907. 

Arrest  on  reservations,  etc.  Sec.  7,  Act  No.  530,  Philippine  Commission,  Nov. 
24,  1902. 

Benguet  Road,  portions  of  same  authorized  to  be  declared  a  toll  road.  Sec.  1, 
Act  No.  1959,  Philippine  Commission,  enacted  June  26,  1909. 

Bonds  to  be  given  by  all  insular,  provincial  or  municipal  officers  receiving  or 
having  custody  of  funds  or  property.  Sec.  37,  Act  No.  1792,  Philippine  Com- 
mission, Oct.  12,  1907. 

Branch  office  of  Military  Information  Division  at  Manila,  payment  of  contingent 
expenses  of.  Act  of  Apr.  23,  1904  (33  Stat.  260.) 

Certain  classes  of  persons  barreci  from  election  or  appointment  to  township  office. 
Sec.  15,  Act  No.  1397,  Philippine  Commission,  Sept.  14,  1905. 

Certain  classes  of  persons  entitled  to  vote  at  all  elections,  officers  and  enlisted 
men  of  Army,  Navy,  and  Marine  Corps  barred.  Sec.  13,  Act  No.  1582,  Philip- 
pine Commission,  Jan.  9,  1907. 

Civil  and  military  officers  and  employees  traveling  on  leave  to  be  granted  half- 
rates  by  contracting  vessels  of  coastwise  trade.  Sec.  1,  Act  No.  1310,  Philip- 
pine Commission,  Mar.  23,  1905. 


TABLE  OF  RELATED  STATUTES.  687 

Philippine  Islands — Continued. 

Civil  government  not  to  interfere  with  military  administration  of  lands  reserved 
for  military  purposes.  Sec.  3,  Act  No.  530,  Philippine  Commission  Nov.  24, 1902. 

Civil  jurisdiction  over  reservations.  Sec.  8,  Act  No.  530,  Philippine  Commission, 
Nov.  24,  1902. 

Claims  for  private  lands  and  interests  within  military  reservations  to  be  barred 
if  not  presented  within  six  months  from  date  of  notice.  Sec.  4,  Act  No.  627, 
Philippine  Commission,  Feb.  9,  1903;  sec.  1,  Act  No.  806,  Philippine  Commis- 
sion, July  24,  1903. 

Commanding  officer  of  United  States  troops  at  each  place  named  in  act  to  notify 
municipal  authorities  of  bounds  of  precincts  within  which  intoxicants  may  not 
be  sold.  Sec.  5,  Act  No.  709,  Philippine  Commission,  Mar.  28,  1903. 

Condemnation  of  land  for  public  use,  who  may  exercise  right  of.  Sec.  241,  Act 
No.  190,  Philippine  Commission,  Aug.  7,  1901;  sec.  1,  Act  No.  665,  Philippine 
Commission,  Mar.  5,  1903. 

Containers  for  removal  of  dead.  Sec.  271,  Revised  Ordinances  of  City  of  Manila, 
1908. 

Contracts  for  material  for  seacoast  batteries.     Act  of  June  23,  1910  (36  Stat,  598). 

Criminal  prosecutions  to  be  instituted  under  liquor  act  for  violations  of  same. 
Sec.  25,  Act  No.  59,  Philippine  Commission,  Dec.  14,  1900. 

Debt  due  United  States  from  any  insular,  provincial,  or  municipal  government 
officer  or  employee  to  be  withheld  from  latter 's  pay  by  disbursing  officer.  Sec. 
1,  Act  No.  911,  Philippine  Commission,  Sept.  29,  1903. 

Debt  due  United  States  from  officer  or  employee,  penalty  for  failure  of  disbursing 
officer  to  withhold  from  pay,  etc.  Sec.  2,  Act  No.  911,  Philippine  Commission, 
Sept.  29,  1903. 

Disinterment  and  removal  of  dead.  Sec.  35,  Act  No.  1458,  Philippine  Commis- 
sion, Feb.  21,  1906. 

Electors,  who  may  exercise  privilege  of  choosing  elective  officers;  officers  and 
enlisted  men  of  Army,  Navy,  or  Marine  Corps  barred.  Sec.  6,  Act  No.  1397, 
Philippine  Commission,  Sept.  14,  1905. 

False  swearing.     Sec.  2,  Act  No.  1562,  Philippine  Commission,  Nov.  10,  1906. 

Fees  and  fines  arising  in  enforcement  of  liquor  law;  how  disposed  of.  Sec.  4, 
Act  No.  759,  Philippine  Commission,  Mar.  28,  1903;  sec.  1,  Act  No.  1502, 
Philippine  Commission,  June  26,  1906. 

Fees  for  permit  to  transport  body  of  dead.  Paragraph  288g,  Revised  Ordinances 
of  City  of  Manila,  1908. 

Fees  of  court  officers;  how  disposed  of.  Sec.  27,  Act  No.  136,  Philippine  Com- 
mission, June  11,  1901;  sec.  1,  Act  No.  176,  Philippine  Commission,  July  20, 
1901. 

Fees  to  civilian  witnesses.  Sec.  1,  Act  No.  1130,  Philippine  Commission,  Apr. 
28,  1904;  sec.  1,  Act.  No  1243,  Philippine  Commission,  Oct.  7,  1904. 

Firearms  and  ammunition  regularly  and  lawfully  issued  to  all  United  States 
officers,  soldiers,  sailors  and  marines,  constabulary,  prison  guards,  policemen, 
and  provincial  officials  and  servants,  to  be  retained  by  them  for  official  use. 
Sec.  16,  Act  No.  1780,  Philippine  Commission,  Oct.  12,  1907.  Sec.  24,  Act  No. 
175,  Philippine  Commission,  July  18,  1901,  as  amended  by  Act  No.  610,  Philip- 
pine Commission,  Feb.  2,  1903,  and  sec.  1,  Act  No.  652,  Philippine  Commission, 
Mar.  4,  1903,  are  repealed  by  sec.  31,  Act  No.  1780,  Philippine  Commission. 

Firearms,  lawful  possession  of,  by  officials.  Sec.  16,  Act  No.  1780,  Philippine 
Commission,  Oct.  12,  1907.  Sec.  24,  Act  No.  175,  Philippine  Commission, 
July  18,  1901,  as  amended  by  Act  No.  610,  Philippine  Commission,  Feb.  2, 
1903,  and  sec.  1,  Act  No.  652,  Philippine  Commission,  Mar.  4,  1903,  are  repealed 
by  sec.  31,  Act  No.  1780,  Philippine  Commission. 


688  TABLE  OF  BELATED  STATUTES. 

Philippine  Islands— Continued. 

Franchises  for  works  of  public  utility,  etc.,  rules  and  regulations  to  be  adopted. 
Sec.  74,  act  of  July  1,  1902  (32  Stat.  691). 

Governor  general  to  notify  judge  of  Court  of  Land  Registration  of  reservation  of 
public  lands  for  military  purposes.  Sec.  2,  Act  No.  627,  Philippine  Commis- 
sion, Feb.  9,  1903,  as  amended  by  sec.  1,  Act  No.  806,  Philippine  Commission, 
July  24,  1903. 

Governor  of  Province,  or  district  governor,  to  apply  to  any  military  officer  in 
command  of  United  States  troops  to  enforce  law  and  order  and  suppress  disturb- 
ances that  cannot  otherwise  be  put  down.  Sec.  20,  Act  No.  787,  Philippine 
Commission,  June  1,  1903,  as  amended  by  sec.  11,  Act  No.  1283,  Philippine 
Commission,  Jan.  13,  1905. 

Habeas  corpus — 

How  employed.     Sec.  1,  Act  No.  272,  Philippine  Commission,  Oct.  1,  1901. 
Repeal  of  section  of  act  to  forbid  issuing  of  writ  of  habeas  corpus  against  mili- 
tary officer  or  soldier  in  certain  Provinces.     Sec.  4,  Act  No.  421,  Philippine 
Commission,  June  23,  1902. 

When  privilege  of  same  may  be  suspended.     Sec.  5,  act  of  July  1,  1902  (32 
Stat.  692). 

Highway,  Lepanto  Mining  Co.,  statutory  regulations  governing  operation  of  same. 
Sec.  5,  Act  No.  1700,  Philippine  Commission,  Aug.  30,  1907. 

Import  duties,  not  to  be  imposed  on  certain  classes  of  imports.  Sec.  10,  act 
of  Aug.  5,  1909  (36  Stat.  170,  171). 

Insane  natives  serving  in  Army,  care  of.     Act  of  Mar.  2,  1907  (34  Stat.  1173). 

Inspection  of  United  States  Government  vessels  entering  Philippine  Islands. 
Sec.  20,  act  of  Aug.  5,  1909  (36  Stat.  176). 

Interisland  traffic,  regulations  governing.     Sec.  1,  act  of  Apr.  29, 1908  (35  Stat.  70). 

Intoxicating  liquors,  certain  Army  officers  to  be  justices  of  the  peace  only  for 
purpose  of  enforcing  provisions  of  act  regulating  sale  of.  Sec.  4,  Act  No.  709, 
Philippine  Commission,  Mar.  28,  1903,  as  amended  by  sec.  1,  Act  No.  1502, 
Philippine  Commission,  June  26,  1906. 

Investigation  of  suspicious  deaths.  Sec.  15,  Act  No.  1487,  Philippine  Com- 
mission, May  16,  1906. 

Justices  of  the  peace,  certain  Army  officers  to  be,  only  for  purpose  of  enforcing 
act  regulating  sale  of  intoxicating  liquors.  Sec.  4,  Act  No.  709,  Philippine 
Commission,  Mar.  28,  1903,  as  amended  by  sec.  1,  Act  No.  1502,  Philippine 
Commission,  June  26,  1906. 

Lands  and  buildings  exempt  from  taxation.  Sec.  19,  Act  No.  1396,  Philippine 
Commission,  Sept.  14,  1905. 

Lands  comprised  within  military  reservations  to  become  registered  lands.  Sec. 
1,  Act  No.  627,  Philippine  Commission,  Feb.  9,  1903,  as  amended  by  sec.  1, 
Act  No.  806,  Philippine  Commission,  July  24,  1903. 

Lands  to  which  provisions  of  sections  38,  39,  40,  41,  and  42  of  Act  No.  190  are 
applicable.  Sec.  6,  Act  No.  627,  Philippine  Commission,  Feb.  9,  1903,  as 
amended  by  sec.  1,  Act  No.  806,  Philippine  Commission,  July  24,  1903. 

Lands  within  military  reservations  to  be  brought  under  operation  of  land  regis- 
tration act.  Sec.  1,  Act  No.  627,  Philippine  Commission,  Feb.  9,  1903,  as 
amended  by  sec.  1,  Act  No.  806,  Philippine  Commission,  July  24,  1903. 

Law  of  war;  military  occupation.     Sec.  2,  act  of  July  1,  1902  (32  Stat.  692). 

License  as  master,  mate,  etc.,  of  a  Philippine  coastwise  vessel.  Sec.  7,  Act  No. 
780,  Philippine  Commission,  May  29,  1903,  as  amended  by  sec.  1,  Act  No.  1317, 
Philippine  Commission,  Apr.  11,  1905. 

Licenses  to  harbor  vessels.     Sec.  4,  act  of  Apr.  29,  1908  (35  Stat.  70). 


TABLE  OF  BELATED  STATUTES.  689 

Philippine  Islands — Continued. 

Liquor  licenses  not  to  be  granted  on  military  reservations.     Sec.  1,  Act  No.  530, 

Philippine  Commission,  Nov.  24,  1902. 

Liquor  licenses  not  to  be  granted  by  provincial  or  municipal  authority  for  sale  of 
intoxicants  within  certain  prohibited  areas.  Sec.  1,  Act  No.  709,  Philippine 
Commission,  Mar.  28,  1903,  as  amended  by  sec.  1,  Act  No.  760,  Philippine 
Commission,  May  21,  1903;  see  sees.  1  and  2,  Act  No.  1169.  Philippine  Com- 
mission, May  31,  1904,  and  sec.  1,  Act  No.  1904,  Philippine  Legislature,  May 
19,  1909. 

Locust  pest,  exemption  of  certain  named  classes  of  inhabitants  of  Philippine 
Islands  from  being  called  upon  to  aid  in  suppression  of.     Sec.  1,  Act  No.  834, 
Philippine  Commission,  Aug.  17,  1903. 
Military  forces  in  Philippine  Islands  to  be  at  all  times  subject  to  call  of  civil 

authorities.     Sec.  1,  act  of  July  1,  1902  (32  Stat.  691). 

Military  reservations,  civil  officers  having  authority  over,  or  civilians  resident 
thereon,  not  to  interfere  with  military  use  of  same.     Sec.  3,  Act  No.  530,  Philip- 
pine Commission,  Nov.  24,  1902. 
Mining  claims  on  reservations.     Sec."  5,  Act  No.  530,  Philippine  Commission, 

Nov.  24,  1902. 
Moro  Province — 

Allowance  to  Army  officers  detailed  to  perform  duties  of  provincial  or  district 
officials  of  province.  Sec.  11,  Act  No.  787,  Philippine  Commission,  June  1, 
1903,  as  amended  by  sec.  4,  Act.  No.  1283,  Philippine  Commission,  Jan.  13, 
1905,  and  sec.  1,  Act  No.  1391,  Philippine  Commission,  Sept.  8,  1905. 
Composition  of  legislative  council.  Sec.  12,  Act  No.  787,  Philippine  Com- 
mission, June  1,  1903,  as  amended  by  sec.  5,  Act  No.  1283,  Philippine 
Commission,  Jan.  13,  1905,  and  sec.  2,  Act  No.  1673,  Philippine  Commis- 
sion, July  20,  1907. 

Governor  General  to  appoint  executive  officers  for.  Sec.  4,  Act  No.  787, 
Philippine  Commission,  June  1, 1903,  as  amended  by  sec.  1,  Act  No.  1283, 
Philippine  Commission,  Jan.  13,  1905,  and  sec.  1,  Act  No.  1673,  Philippine 
Commission,  July  20,  1907. 

Legislative  council  to  have  power  to  insure  gradual  transition  from  military 
to  civil  control.  Sec.  28,  Act  No.  787,  Philippine  Commission,  June  1, 
1903. 

Positions,  duties,  and  compensation  of  engineer  and  superintendent  of 
schools  of  Moro  Province  created,  assigned,  and  fixed  by  legislative 
council.  Sec.  12,  Act  No.  787,  Philippine  Commission,  June  1,  1903,  as 
amended  by  sec.  5,  Act  No.  1283,  Philippine  Commission,  Jan.  13,  1905, 
and  sec.  2,  Act  No.  1673,  Philippine  Commission,  July  20,  1907. 
Provincial  governor  to  appoint,  with  consent  of  legislative  council,  a  gov- 
ernor and  secretary  in  each  district.  Sec.  15,  Act  No.  787,  Philippine 
Commission,  July  1,  1903,  as  amended  by  sec.  1,  Act  No.  889,  Philippine 
Commission,  Sept.  17, 1903;  sec.  1,  Act  No.  1631,  Philippine  Commission, 
Apr.  25,  1907;  and  sec.  3,  Act  No.  1879,  Philippine  Commission,  Oct.  10, 
1908. 
Provincial  governor  to  report  to  the  Governor  General  of  the  Islands.  Sec. 

5,  Act  No.  787,  Philippine  Commission,  June  1,  1903. 

Salaries  of  all  officers  and  employees  of  province,  and  of  districts  and  munici- 
palities therein,  from  what  payable.  Sec.  11,  Act  No.  787,  Philippine 
Commission,  June  1,  1903,  as  amended  by  sec.  4,  Act  No.  1283,  Philippine 
Commission,  Jan.  13,  1905,  and  sec.  1,  Act  No.  1391,  Philippine  Commis- 
sion, Sept.  8,  1905. 
48985°— 15- 


690  TABLE  OF  BELATED  STATUTES. 

Philippine  Islands — Continued. 

More  Province — Continued. 

Use  of  Army  in  aid  of  civil  authorities.  Sec.  20,  Act  No,  787,  Philippine 
Commission,  June  1.  1903,  as  amended  by  sec.  11,  Act  No.  1283,  Philippine 
Commission.  Jan.  13,  1905. 

National-defense  secrets,  offenses  against  act,  where  cognizable.  Sec.  3,  act  of 
Mar.  3,  1911  (36  Stat.  1085). 

Native  wines  not  to  be  sold  in  Province  of  Zambales  to  soldiers  of  Army  or  sailors 
or  enlisted  men  of  Navy  or  Marine  Corps;  penalty  for  violation.  Sees.  1  and  2, 
Act  No.  1369,  Philippine  Commission,  July  7,  1905. 

Native  wines  not  to  be  sold  to  soldiers  of  United  States  Army  or  to  sailors  or 
enlisted  men  of  Navy  or  Marine  Corps  in  Province  of  Cavite;  penalty  for  vio- 
lation. Sees.  1  and  2,  Act  No.  1302,  Philippine  Commission,  Feb.  24,  1905. 

Native  wines  or  liquors,  Governor  General  to  specify  kinds  of,  prohibited  to  be 
sold.  Sec.  1,  Act  No.  1944,  Philippine  Legislature,  May  20,  1909. 

Native  wines,  so-called,  not  to  be  sold  to  soldiers.  Sec.  24,  Act  No.  59,  Philip- 
pine Commission,  Dec.  14,  1900. 

Navigation  laws,  repeal  of.     Sec.  6,  act  of  Apr.  29,  1908  (35  Stat.  70). 

Navigation  laws  to  be  administered  by  proper  officials  of  the  Insular  Government. 
Sec.  5,  act  of  Apr.  29,  1908  (35  Stat.  70). 

Oaths,  who  may  administer.  Sec.  1,  Act  No.  1562,  Philippine  Commission,  Nov. 
10,  1906. 

Offenses  on  high  seas,  jurisdiction  over.     Sec.  3,  act  of  Mar.  3,  1911  (36  Stat.  1085) . 

Officers  of  Army  and  of  constabulary  are,  while  upon  certain  details,  given  the 
power  of  peace  officers,  and,  while  so  detailed,  shall  perform  the  duties  of  such 
peace  officers.  Sec.  1,  Act  No.  1797,  Philippine  Commission,  Oct.  12,  1907. 

Penalty  for  conviction  of  violation  of  liquor  law.  Sec.  25,  Act.  No.  59,  Philippine 
Commission,  Dec.  14,  1900. 

Penalty  for  selling,  furnishing,  or  giving  away  intoxicants.  Sec.  2,  Act  No.  709, 
Philippine  Commission,  Mar.  28,  1903. 

Penalty  for  unlawfully  cutting  or  destroying  standing  timber  or  any  other  public 
property  on  military  reservations.  Sec.  6,  Act  No.  530,  Philippine  Commission, 
Nov..  24,  1902.  See  sec.  9,  Act  No.  1407,  Philippine  Commission,  Oct.  26, 
1905,  as  amended  by  sec.  1,  Act  No.  1872,  Philippine  Commission,  June  19, 
1908,  and'sec.  1,  Act  No.  1976,  Philippine  Legislature,  Apr.  18,  1910,  which 
gives  to  honorably  dischaiged  soldiers  and  sailors  of  the  Army  or  Navy  certain 
rights  to  cut  timber  free  of  charge  in  the  public  forests. 

Penalty  for  violating  any  regulation  made  in  pursuance  of  an  act  providing  for 
establishment  and  maintenance  of  toll  roads  and  bridges;  act  to  be  at  once 
operative.  Sees.  2  and  3,  Act  No.  1959,  Philippine  Commission,  June  26,  1909. 

Per  diems  to  Army  or  Navy  officers  detailed  for  duty  with  the  Insular  Govern- 
ment when  traveling  on  official  business.  Sec.  3,  Act  No.  1873,  Philippine 
Legislature,  June  19,  1908. 

Personal  property  of  persons  employed  in  military  service  and  used  incident  to 
such  ser/ice  to  be  exempt  from  all  taxation  under  insular  laws.  Sec.  4,  Act 
No.  530,  Philippine  Commission,  Nov.  24,  1902. 

Philippine  civil  service  act  not  to  apply  to  persons  in  military,  naval,  or  civil 
service  of  United  States  detailed  for  performance  of  civil  duties.  Sec.  1.  Act 
No.  1698,  Philippine  Commission,  Aug.  26,  1907. 

Philippine  civil  service  act  retroactive  in  effect  as  to  accrued  leave  of  officers  and 
employees.  Sec.  23,  Act  No.  1698,  Philippine  Commission,  Aug.  26,  1907. 

Philippine  civil  service  act  to  apply  to  appointments  to  all  positions  in  Philippine 
civil  service,  except  semi  or  unskilled  laborers,  etc.  Sec.  1,  Act  No.  1698, 
Philippine  Commission,  Aug.  26,  1907. 


TABLE   OF   RELATED   STATUTES.  691 

Philippine  Islands — Continued. 

Poll  tax,  every  male  between  18  and  60,  with  certain  named  exceptions,  to  pay. 
Sec.  120,  Act  No.  1189,  Philippine  Commission,  July  2,  1904. 

Procedure  to  be  observed  upon  filing  of  claims  and  applications  for  registration 
in  court  of  land  registration.  Sec.  5,  Act  No.  627,  Philippine  Commission, 
Feb.  9,  1903,  as  amended  by  sec.  1,  Act  No.  806,  Philippine  Commission,  July 
24,  1903. 

Property  and  rights  acquired  by  treaty,  except  military  reservations,  placed 
under  control  of  Insular  Government.  Sec.  12,  act  of  July  1,  1902  (32  Stat.  691). 

Property  and  rights  acquired  by  treaty,  except  that  designated  for  military  and 
other  reservations  placed  under  control  of  Insular  Government.  Sec.  12,  act 
of  July  1,  1902  (32  Stat.  695.) 

Publication,  by  court  of  land  registration,  of  notices  of  registration  of  public  lands. 
Sec.  3,  Act  No.  627,  Philippine  Commission,  Feb.  9, 1903,  as  amended  by  sec.  1, 
Act  No.  806,  Philippine  Commission,  July  24,  1903. 

Railway  line  to  Baguio,  statutory  regulations  governing  operation  of  same. 
Sec.  1,  Act  No.  1735,  Philippine  Commission,  Oct.  2,  1907. 

Railway,  telegraph,  and  telephone  lines,  statutory  regulations  governing  con- 
struction and  operation  of,  in  islands  of  Panay,  Negros,  and  Cebu.  Sees.  1  and 
15,  Act.  No.  1497,  Philippine  Commission,  May  28,  1906. 

Railways  in  Island  of  Luzon,  statutory  regulations  governing  operation  of  same. 
Sec.  1,  Act  No.  1510,  Philippine  Commission,  July  7,  1906. 

Restrictive  provisions  of  law  not  to  apply  to  foreign  vessels  plying  between 
Philippines  and  United  States.  Sec.  3,  Act  of  Apr.  29,  1908  (35  Stat.  70). 

Revised  Statutes  of  United  States,  sees.  1014,  5270-5279,  to  apply,  so  far  as  appli- 
cable, to  Philippine  Islands.  Sees.  1  and  2,  act  of  Feb.  9,  1903  (32  Stat.  605); 
sees.  1  and  2,  act  of  Feb.  6,  1905  (33  Stat.  698). 

Road  tax  to  be  imposed  on  all  males,  with  certain  exceptions,  between  18  and  60 
years  of  age.  Sec.  19,  Act  No.  1396,  Philippine  Commission,  Sept.  14,  1905. 

Salary  of  Army  or  Navy  officer  detailed  to  perform  the  duties  of  any  office  under 
Insular  Government.  Sec.  39,  Act  No.  1407,  Philippine  Commission,  Oct.  26, 
1905. 

Saline  lands,  disposition  of.     Sec.  9,  act  of  Feb.  6,  1905  (33  Stat.  697). 

Sec.  1014,  Revised  Statutes,  to  apply,  so  far  as  practicable,  throughout  the  Phil- 
ippine Islands.  Sec.  1,  act  of  Feb.  9,  1903  (32  Stat.  806). 

Sees.  5270,  5271,  5272,  5273,  5274,  5275,  5276,  and  5277,  Revised  Statutes,  so  far 
as  applicable,  to  apply  to  Philippine  Islands.  Sees.  1  and  2,  act  of  Feb.  6, 1905 
(33  Stat.  698). 

Sees.  5278  and  5279,  Revised  Statutes,  to  apply,  so  far  as  practicable,  to  the  Phil- 
ippine Islands.  Sec.  2,  act  of  Feb.  9,  1903  (32  Stat.  807). 

Secretary  of  commerce  and  police  to  invite  proposals  and  make  contracts  for 
carrying  mails  and  Government  freight  and  passengers  in  coastwise  trade. 
Sec.  1,  Act  No.  1310,  Philippine  Commission,  Mar.  23,  1905. 

Special  transportation  to  be  furnished  Insular  Government  by  Manila  Railway 
Co.  at  extra  compensation.  Sec.  14,  Act  No.  554,  Philippine  Commission, 
Dec.  8,  1902. 

Special  transportation  to  be  furnished  Insular  Government  by  steam  tramway 
contractor  at  extra  compensation.  Sec.  16,  Act  No.  1448,  Philippine  Commis- 
sion, Feb.  1,1 906. 

Statutory  provisions  governing  appointments  to  all  positions  and  employments  in 
Philippine  Civil  Service.  Sec.  1,  Act  No.  1698,  Philippine  Commission,  Aug. 
26, 1907. 

The  President,  during  period  of  armed  resistance  to  United  States  forces,  to 
continue  to  regulate  and  control  commercial  intercourse  of  Philippine  Islands. 
Sec.  3,  act  of  July  1, 1902  (32  Stat.  692.) 


692  TABLE  OF  RELATED  STATUTES. 

Philippine  Islands — Continued. 

Toll  roads  and  bridges,  rates  fixed  to  be  subject  to  approval  of  Governor  General; 
officers,  enlisted  men,  and  civil  employees  of  Army,  Navy,  and  Marine  Corps 
to  be  exempt  from  payment  of  tolls.     Sec.  1,  Act  No.  1617,  Philippine  Com- 
mission, Mar.  20,  1907. 
Tonnage  taxes  to  be  levied  upon  all  foreign  vessels  entering  United  States  from 

Philippine  Islands.     Sec.  2,  act  of  Apr.  29,  1908  (35  Stat.  70). 
Transportation  of  bodies  by  military  authorities.     Par.  289,  Revised  Ordinances 

of  City  of  Manila,  1908. 
Police:  Civil,  may  be  called  upon  to  arrest  trespassers,  etc.,  upon  Presidio  of  San 

Francisco.    Act  of  June  4,  1888  (25  Stat.  167). 

Poll  tax,  Philippine  Islands,  male  persons  subject  to.     See  Philippine  Islands. 
Porto  Rico: 

"Person, "  as  used  in  act,  how  construed.     Sec.  2,  act  of  June  11,  1906  (34  Stat 

234). 
Restrictions  upon  powers  granted  by  act  to  Secretary  of  War.     Sec.  3,  act  of 

June  11,  1906  (34  Stat.  235). 

Secretary  of  War  is  authorized  to  grant  permits  for  construction  of  works  in  navi- 
gable waters  in  or  surrounding  Porto  Rico.  Sec.  1,  act  of  June  11, 1906  (34  Stat. 
234). 

Postmasters,  oaths,  may  administer  for  pension  purposes.     See  Pensions. 
Post  traders:  Vacancies  not  to  be  filled.     Act  of  Jan.  28,  1893  (27  Stat.  426). 
Potomac  Park,  District  of  Columbia: 

Made  part  of  park  system.    See  Corps  of  Engineers. 
Restrictions  on  lagoons  or  speedways  in.    See  Corps  of  Engineers. 
Playground  for  children,  regulations  for  control  of,  etc.    See  Corps  of  Engineers. 
President: 

Authorized  to  employ  all  persons  in  land  and  naval  service  in  connection  with 

Coast  and  Geodetic  Survey  work.    See  Army. 
Philippine  Islands,  during  armed  resistance  to  regulate  commercial  intercourse 

with.    See  Philippine  Islands. 
Powers  conferred  on,  may  be  exercised  through  Isthmian  Canal  Commission.    See 

Isthmian  Canal  Commission. 
Presidio  of  San  Francisco  Military  Reservation: 

Construction  of  building  on  for  Government  exhibit  and  use  of  building  after  close 

of  exhibition.    See  Panama-Pacific  International  Exposition. 
Temporary  cession  of  jurisdiction  to  State  of  California  over  portion  used  for  ex- 
position purposes.    See  Panama-Pacific  International  Exposition. 
Prisoners,  Federal: 

Deduction  from  sentences  for  good  conduct.     Sees.  5543,  5544,  R.  S.,  as  amended 
by  act  of  Mar.  3,  1875  (18  Stat.  479);  act  of  Mar.  3,  1891  (26  Stat.  840).    Super- 
seded by  act  of  June  21,  1902  (32  Stat.  397),  as  amended  by  act  of  Apr.  27,  1906 
(34  Stat.  149). 
Military  prisoners,  deductions  from  sentence  for  good  conduct.     Sees.  1,  2,  3,  act 

of  June  21,  1902  (32  Stat.  397). 
Parole  of,  June  25,  1910  (36  Stat.  819),  as  amended  by  act  of  Jan.  23,  1913  (37 

Stat.  650). 
Procedure,  Philippine  Islands,  for  filing  claims,  etc.,  in  court  of  land  registration. 

See  Philippine  Islands. 
Printing  and  binding: 

Allotments  from  appropriation  for,  restrictions  on  expenditure  of.     Act  of  Aug. 

1,  1914  (38  Stat.  673). 

Annual  reports  of  heads  of  departments,  etc.,  time  for  submitting  copy  to  Public 
Printer,  etc.  Sec.  9,  act  of  Aug.  1,  1914  (38  Stat.  680). 


TABLE   OF  RELATED  STATUTES.  693 

Printing  and  binding — Continued. 

Employees  in  Government  Printing  Office  not  to  be  detailed  in  other  executive 

branches  of  public  service.    Act  of  Aug.  1,  1914  (38  Stat.  673). 
Executive  departments,  certificate  of  necessity  for  printing  and  binding  to  be 

furnished.    Act  of  Aug.  1,  1914  (38  Stat.  673). 
Expenditures  from   appropriations,    apportionment  of   expenditures   to  work 

executed.    Act  of  Aug.  1,  1914  (38  Stat.  673). 
Medical  Bulletin,  Army,  for  instruction  to  medical  officers.    Act  of  Aug.  1,  1914 

(38  Stat.  673). 

Public  buildings  and  grounds,  employees,  estimates  and  appropriations  for,  super- 
vision of,  etc.    See  Corps  of  Engineers. 

Public  buildings,  Washington,  D.  C.    See  Commission  of  Fine  Arts. 
Public  buildings,  use  of  water  in,  from  Washington  Aqueduct,  etc.    See  Corps  of 

Engineers. 
Public  lands: 

Assertion  of  right  to,  without  color  of  title.    Sees.  1  and  4,  act  of  Feb.  25,  1885 

(23  Stat.  321). 

Canal  Zone,  leases  of.    See  Panama  Canal. 

Failure  to  extinguish  fires.     Sees.  2  and  3,  act  of  May  5,  1900  (31  Stat.  169). 
Homesteads — 

Additional  entry,  when.    Sec.  2306,  R.  S. 
Entry,  mode  of  procedure.    Sec.  2290,  R.  S. 
Entry,  who  may  make.    Sec.  2289,  R.  S. 
Mode  of  procedure.     Sec.  2290,  R.  S. 

Persons  who  have  entered  less  than  160  acres.    Sec.  2306,  R.  S. 
Rights  of  wife  and  minor  children  of  persons  entitled  to.     Sec.  2306,  R.  S. 
Who  may  enter.     Sec.  2289,  R.  S. 

Widow  and  minor  children  of  persons  entitled  to.    Sec.  2307,  R.  S. 
Inclosures  on.     Sees.  1  and  4,  act  of  Feb.  25,  1885  (23  Stat.  321). 
Preference  to  homestead  settlers.    Act  of  Feb.  15,  1895  (28  Stat.  664). 
Procedure  for  removal  of  unlawful  inclosures.     Sees.  2  and  6,  act  of  Feb.  25,  1885 

(23  Stat.  321). 

Removal  of  trespassers  from.    See  Employment  of  Military  Force. 
Remove  and  destroy  unlawful  inclosures  of.    See  Employment  of  Military  Force. 
Right  of  way  for  highways  over.     Sec.  2477,  R.  S. 

Seizure  of  timber  cut  on  the  public  lands.    Act  of  Apr.  30,  1878  (20  Stat.  46). 
Setting  fires,  etc.    Sees.  1  and  3,  act  of  May  5,  1900  (31  Stat.  169). 
Settlement  on  and  transit  overx  not  to  be  obstructed.     Sees.  3  and  4,  act  of  Feb.  25, 

1885  (23  Stat.  321). 

Subject  to  preemption.    Sec.  2257,  R.  S. 
Public  Printer,  time  for  heads  of  departments  to  submit  copy  of  annual  reports  to. 

See  Printing  and  Binding. 
Public  property: 

Abandoned  military  reservations,  disposition  of.     Act  of  Mar.  3, 1893  (27  Stat.  593). 
Army  officers  accountable  for,  to  obtain  certificates  of  nonindebtedness,  etc., 

before  final  payment  on  discharge.     Sec.  2,  act  of  Jan.  12,  1899  (30  Stat.  784). 
Offenses  on  ceded  districts  not  prohibited  by  Federal  law,  how  punished.    Act  of 

July  7,  1898  (30  Stat,  717). 
Philippine   Islands,  destruction  of  on  military  reservations.    See  Philippine 

Islands. 

Transportation  to  or  from  expositions  or  fairs,  etc.    See  Interstate  Commerce. 
Unserviceable  equipment,  Panama  Canalv  may  be  sold  without  advertising. 
See  Panama  Canal. 


694  TABLE  OF  BELATED  STATUTES. 

Public  utilities,  Philippine  Islands,  regulations  to  be  adopted  in  connection  with 

franchises  for.    See  Philippine  Islands. 
Public  works: 

Injury  to.    See  Corps  of  Engineers. 

Navigable  waters,  unauthorized  use  of.    See  Corps  of  Engineers. 
Quarantine  of  live  stock,  transportation,  notice  to  carriers.     See  Interstate  Commerce. 
Quartermaster's  Department,  appointments  in,  from  volunteers.    Act  of  Mar.  2,  1901 

(31  Stat.  900). 

Radio  station,  naval,  Canal  Zone.    See  Panama  Canal. 
Railroads: 

Government  in  Alaska.     Detail  of  Lieut.  Frederick  Mears  to  assist  in  location 

and  construction  of.    Joint  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Preference  to  military  traffic  in  time  of  war.     Sec.  2,  act  of  June  29, 1906  (34  Stat. 

586). 

Railways,  Philippine  Islands,  statutory  regulations  governing.   See  Philippine  Islands. 
Red  Cross: 

American,  memorial  monument  to  commemorate  the  women  of  the  Civil  War  to 

be  permanent  headquarters  of,  and  to  be  charged  with  and  responsible  for  the 

care,  keeping,  and  maintenance  of  the  memorial  and  grounds,  but  the  title  to 

the  site  and  building  to  be  in  United  States.    Act  of  Oct.  22, 1913  (38  Stat.  233). 

Detail  of  medical  officer  with.    See  Details  of  Army  officers. 

Red  Cross  Association,  incorporation  of,  etc.    Act  of  June  6,  1900  (31  Stat.  277);  act 

of  Jan.  5,  1905  (33  Stat.  599). 

Reporters,  courts-martial,  employment  of.    See  Military  tribunals. 
Reservations,  Indian,  removal  of  persons  from.    See  Indians. 
Retired  Army  officers  assigned  to  active  duty  as  members  of  Alaska  Board  of  Road 

Commissioners.    See  Alaska. 

Revenues,  Canal  Zone,  distribution  of.    See  Panama  Canal. 
Revised  Statutes  of  United  States,  certain  sections  to  apply,  so  far  as  applicable  to 

Philippine  Islands.    See  Philippine  Islands. 
River  and  harbor  improvements,  condemnation  and  purchase  of  lands  for.    See  Corps 

of  Engineers. 

River  and  harbor  works,  estimates,  reports,  surveys,  etc.,  for.    See  Corps  of  Engineers. 
Rivers  and  harbors: 

Consolidated  items  of  river  and  harbor  work,  with  aggregate  amount  appropriated 
therefor,  allotments  to  respective  works,  and  disposition  of  balances  remaining 
to  credit  of  separate  works  or  items,  etc.  Sec.  3,  act  of  Mar.  4,  1915  (Pub.  No. 
291,  38  Stat.  — ). 

Donation  of  funds  to  be  expended  with  public  funds  for  improvement  of  rivers 
and  harbors,  Secretary  of  War  authorized  to  receive  from  private  parties.  Sec. 
4,  act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 

Establish  anchorage  grounds  in  all  harbors,  rivers,  bays,  and  other  navigable 
waters,  Secretary  of  War  authorized  to  define  and.  Sec.  7,  act  of  Mar.  4,  1915 
(Pub.  No.  291,  3.8  Stat.  — ). 

Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returned  to  represent- 
atives of  contributing  interests  upon  approval  of  Secretary  of  War,  etc.  Sec.  4, 
act  of  Mar.  4,  1915  (38  Stat.  — ). 

Rules  and  regulations  governing,  to  be  enforced  by  Chief  of  Engineers  at  ports  or 
places  where  no  revenue  cutter  is  available,  etc.  Sec.  7,  act  of  Mar.  4,  1915 
(Pub.  No.  291,  38  Stat.  — ). 

Secretary  of  War  authorized  to  appoint  a  board  of  three  officers  from  the  Corps  of 
Engineers  to  examine  and  appraise  the  value  of  the  work  and  franchises  of  the 
East  Canal  Co.  from  the  St.  Johns  River  to  Key  West,  Fla.,  with  reference  to  its 
purchase  by  the  Government  and  the  construction  of  a  free  and  open  water- 
way, etc.  Sec.  15,  act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 


TABLE   OF   BELATED  STATUTES.  695 

Road  Commissioners,  Board  of,  Alaska.    See  Alaska. 

Roads,  public  lands,  right  of  way  for  highways  over.    See  Public  lands. 

Road  tax,   Philippine  Islands,  male  persons  on  which  imposed.    See  Philippine 

Islands. 

St.  Johns  River,  Fla.  Secretary  of  War  authorized  to  appoint  a  board  of  three  officers 
from  the  Corps  of -Engineers  to  examine  and  appraise  the  value  of  the  work  and  fran- 
chises of  the  East  Coast  Canal  from  the  river  to  Key  West,  with  reference  to  its  pur- 
chase by  the  Government  and  the  construction  of  a  free  and  open  waterway,  etc. 
Sec.  15,  act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 
Salem,  Mass.,  relief  of  fire  sufferers  at,  expenditures  under  Secretary  of  War.  Sec.  13, 

act  of  Aug.  1,  1914  (38  Stat.  681). 
Sales,  Canal  Zone,  construction  material,  etc.,  disposition  of  proceeds  of.    See  Panama 

Canal. 

Saline  lands,  Philippine  Islands,  disposition  of.    See  Philippine  Islands. 
San  Francisco,  sale  by  city  and  county  of,  to  War  Department  of  water  supply  required 
for  the  military  reservations  in  or  near  the  city,  supplied  from  reservoirs  in  Hetch 
Hetchy  Valley,  Yosemite  National  ParJc,  on  certain  conditions,  etc.     Par.  (u),  sec. 
9,  act  of  Dec.  19,  1913  (38  Stat.  250). 
Schools,  Indian: 

Detail  of  Army  officers  in  connection  with  normal  and  industrial  training.    See 

Details  of  Army  officers. 
Use  of  vacant  military  posts  and  barracks  for  normal  and  industrial  training.    See 

Details  of  Army  officers. 
Secretary  of  war: 

Accept  donation  of  funds  to  be  expended  with  public  funds  for  improvement  of 

rivers  and  harbors.     See  Rivers  and  harbors. 

Approve,  as  member  of  commission,  site  and  plans  for  the  memorial  monument 
to  commemorate  the  women  of  the  Civil  War,  and  to  supervise  expenditures. 
Act  of  Oct.  22,  1913  (38  Stat.  233). 

Authorized  to  appoint  a  board  of  three  officers  from  Corps  of  Engineers  to  examine 
and  appraise  the  value  of  the  work  and  franchises  of  the  East  Canal  Co.,  from 
the  St.  Johns  River  to  Key  West,  Fla.,  with  reference  to  its  purchase  by  the 
Government  and  the  construction  of  a  free  and  open  waterway,  etc.  Sec.  15, 
act  of  Mar.  4,  1915  (Pub.  No.  291,  38  Stat.  — ). 
Establish  and  define  anchorage  grounds  in  all  harbors,  rivers,  bays,  and  other 

navigable  waters.     See  Rivers  and  harbors. 
Expenditures  for  relief  of  fire  sufferers  at  Salem,  Mass.,  to  be  made  under.    See 

Salem,  Mass. 

Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returned  to  represent- 
atives of  contributing  interests  on  approval  of.    See  Rivers  and  harbors. 
Loan   ensigns,  flags,  etc.,  for  purpose  of  decorating  streets  during  forty-ninth 
encampment  of  the  Grand  Army  of  the  Republic.    See  Grand  Army  of  the 
Republic. 

Loan  hospital  tents,  ambulances,  horses,  drivers,  etc.,  for  caring  for  the  sick, 

injured,  and  infirm  during  the  encampment.     See  Grand  Army  of  the  Republic. 

Permits  for  construction  of  works  in  navigable  waters  of  Porto  Rico.    See  Porto 

Rico. 
Permits  to  use  reservations  and  other  public  spaces  in  city  of  Washington  during 

encampment.     See  Grand  Army  of  the  Republic. 
Sequoia  National  Park: 

See  also  National  parks. 

Removal  of  trespassers,  etc.,  from.     See  Employment  of  military  force. 
Shiloh  National  Military  Park.     See  National  military  parks. 
Small  arms,  authorization  for  sale  of  rifles  and  ordnance  to  Cuba.     See  Cuba. 


696  TABLE  OF  RELATED  STATUTES. 

Soldiers'  home: 

Medical  Department  of  Army  authorized  to  sell  medical  and  hospital  supplies  to, 

at  contract  price.     Sec.  1,  act  of  June  4,  1897  (30  Stat.  54). 
See  also  National  Home  for  Disabled  Volunteer  Soldiers. 
National  Home  for  Disabled  Volunteers — 

Inspection  of.     See  Inspector  General's  Department. 

National  sanitarium  at  Hot  Springs,  S.  Dak.,  in  connection  with.    See  Medi- 
cal Department. 
State  and  Territorial  homes  to  be  paid  for  care  of  disabled  soldiers  and  sailors. 

See  National  Homes  for  Disabled  Volunteer  Soldiers. 

Southern  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
South  Pass,  Mississippi  River,  location  and  extent,  regulations  for,  etc.    See  Corps 

of  Engineers. 
Spanish-American  War,  replacing  ordnance  and  ordnance  stores  carried  into.    See 

Militia. 
Speedways,    Potomac   Park,    District  of  Columbia,   restrictions  on.    See  Corps  of 

Engineers. 

Spies,  punishment  of  by  courts- martial.    See  Military  tribunals. 
State  or  Territorial  homes  for  disabled  soldiers  and  sailors: 

Collections  from  inmates  for  support  of.    See  Medical  Department. 

Loss  of  appropriation  where  permit  sale  of  intoxicating  liquors.    See  Medical 

Department. 
State  and  Territorial  homes,  to  be  paid  for  care  of  disabled  soldiers  and  sailors.    See 

National  Homes  for  Disabled  Volunteer  Soldiers. 
Statutes  at  Large,  Little  &  Brown's  edition  of,  to  be  competent  as  evidence.    See 

Military  tribunals. 
Suarez,  Sefior  Eduardo,  thanks  of  Congress  and  gold  medal  presented  to  for  services 

as  mediator  between  United  States  and  warring  parties  in  Mexico.    See  Medals. 
Subsistence: 

Allowance  of,  for  Army  officers  detailed  with  Coast  and  Geodetic  Survey.    See 

Details  of  Army  officers. 
Allowance  to  persons  traveling  on  official  business  outside  District  of  Columbia. 

See  District  of  Columbia. 
Subsistence  department,  appointments  in,  from  volunteers.    Act  of  Mar.  2,  1901 

(31  Stat.  900). 

Surgeon  General's  Office,  Library  of,  binding  and  location.    See  Medical  Department. 
Telegraph  lines,  Philippine  Islands,  statutory  regulations  governing.    See  Philippine 

Islands. 
Telephone  lines,  Philippine  Islands,  statutory  regulations  governing.    See  Philippine 

Islands. 

Tents,  hospital;  Secretary  of  War  authorized  to  loan  ambulances,  horses,  drivers,  etc., 
and  for  caring  for  the  sick,  injured,  and  infirm,  during  the  forty-ninth  encampment 
of  the  G.  A.  R.  See  Grand  Army  of  the  Republic. 

Thanks  of  Congress,  gold  medal  and  presented  to  Seiiors  Domicio  da  Gama,  Romulo 
S.  Naon,  and  Eduardo  Suarez  for  services  as  mediators  between  United  States  and 
warring  parties  in  Mexico.    See  Medals. 
Timber: 

Cut  on  public  lands,  seizure  of.    See  Public  lands. 

Cutting  and  felling  on  public  lands.     See  Employment  of  military  force. 
Dead  and  fallen  and  depredations  on  Indian  reservations.    See  Indians. 
Philippine  Islands,  cutting  or  destroying,  standing  on  reservations.    See  Philip- 
pine Islands. 
Tolls,  Panama  Canal,  exemption  of  coastwise  vessels  repealed.    See  Panama  Canal. 


TABLE  OF  RELATED  STATUTES.  697 

Toll  roads  and  bridges,  Philippine  Islands,  Governor  General  to  approve  rates.    See 

Philippine  Islands. 
Tonnage  tax,  Philippine  Islands,  levied  on  foreign  vessels  entering  United  States 

from.    See  Philippine  Islands. 

Torpedoes,  mines,  etc.,  for  harbor  defenses,  injuries  to.    See  Corps  of  Engineers. 
Traders,  post,  vacancies  in  position  of  not  to  be  filled.    See  Post  traders. 
Transportation: 

Atlantic  and  Pacific  Railroad  to  be  post  route  and  military  road.     Sec.  11,  act 

of  July  27,  1866  (14  Stat.  297). 

Explosives  for  military  service.    See  Interstate  commerce. 
Northern  Pacific  Railroad  to  be  post  route  and  military  road.     Sec.  11,  act  of 

July  2,  1864  (13  Stat.  370). 

Public  property  to  or  from  fairs  or  expositions,  etc.     See  Interstate  commerce. 
Quarantine  of  live  stock,  notice  to  carriers.     See  Interstate  commerce. 
Southern  Pacific  Railroad  to  be  post  route  and  military  road.     Sec.  18,  act  of 

July  27,  1866  (14  Stat.  299). 
Union  and  Central  Pacific  Railroad  to  be  post  route  and  military  road.     Sec.  6, 

act  of  July  11,  1862  (12  Stat.  493). 
Treason  against  United  States,  penalties  for.     Sees.  1,  2, 3, 4,  5,  6,  7,  and  8,  act  of  Mar.  4, 

1909  (35  Stat.  1088). 
Trespassers: 

On  General  Grant  National  Park,  Sequoia  National  Park,  and  Yosemite  National 

Park,  removal  of.     See  Employment  of  military  force. 
On  public  lands,  removal  of.     See  Employment  of  military  force. 
Trespassing,  national  parks,  penalty  for  hunting  and  shooting  on.     See  National  parks. 
Troops,  hereafter  women  not  allowed  to  accompany  as  laundresses.     See  Army. 
Typewriting  machines,  restrictions  as  to  price  to  be  paid  by  Government  for.     Sec. 

11,  act  of  Aug.  1,  1914  (38  Stat.  680). 

Union  and  Central  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
Vacancies,  membership  of  Board  of  Managers  of  National  Home  for  Disabled  Volun- 
teer Soldiers  not  to  be  filled  until  such  board  is  reduced  to  five,  etc.    See  National 
Home  for  Disabled  Volunteer  Soldiers. 

Vicksburg  National  Military  Park.    See  National  military  parks. 
Volunteers: 

Appointment  from,  in  staff  departments.    Act  of  Mar.  2,  1901  (31  Stat.  900). 
Army  officers  accountable  for  public  property  to  secure  certificates  of  nonindebt- 

edness  before  discharge.    See  Public  property. 
Volunteer  homes,  disabled  volunteer  soldiers: 

Inspection  of.    See  Inspector  General's  Department. 

National  Sanitarium  at  Hot  Springs,  S.  Dak.,  in  connection  with.    See  Medical 

Department. 

War  Department,  sale  by  city  and  county  of  San  Francisco  of  water  supply  required 
for  military  reservations  in  or  near  the  city  of  San  Francisco,  supplied  from  reservoirs 
in  Hetch  Hetchy  Valley,  Yosemite  National  Park,  on  certain  conditions.     Par.  (u), 
sec.  9,  act  of  Dec.  19,  1913  (38  Stat.  250). 
War: 

European,  relief,  protection,  and  transportation  of  American  citizens  in  Europe, 

made  necessary  by.     See  Europe. 

Preference  to  military  traffic  in  time  of.     Sec.  2,  act  of  June  29,  ]  906  (34  Stat.  586.) 
Washington  Aqueduct,  custody  of,  regulations  for,  etc.     See  Corps  of  Engineers. 
Washington  Monument,  care  and  maintenance  of,  etc.     See  Corps  of  Engineers. 
Washington  memorial  building.     See  Commission  of  Fine  Arts. 
Water  power,  Muskingum  River,  Ohio,  relief  for  lessees  of,  whose  property  was  de- 
stroyed by  Ohio  Valley  flood  of  March,  1913.     See  Corps  of  Engineers. 


698  TABLE  OF  RELATED  STATUTES. 

Water  supply,  sale  of,  to  War  Department  by  city  and  county  of  San  Francisco  from 
reservoirs  of  Hetch  Hetchy  Valley,  Yosemite  National  Park,  required  for  military 
reservations  in  or  nsar  the  city  of  San  Francisco  on  certain  conditions,  etc.  Par.  (u) 
sec.  9,  Act  of  Dec.  19,  1913  (38  Stat.,250). 

Water,  Washington  Aqueduct,  use  of  water  in,  etc.    See  Corps  of  Engineers. 
Waterways  Commission,  International,  Secretary  of  War  authorized  to  pay  expenses 

of.     Sec.  4,  act  of  June  13,  1902  (32  Stat.  373). 

White  House,  furniture  for  and  inventory  of  property  in.     See  Corps  of  Engineers. 
White  man  marrying  Indian  woman  not  to  acquire  tribal  rights.     See  Indians. 
Widows  of  colored  and  Indian  soldiers.     See  Pensions. 
Witnesses: 

Civilian,  Philippine  Islands,  fees  to.    See  Philippine  Islands. 
Courts-martial,  attendance  of,  refusal  to  testify.    See  Military  tribunals. 
Women,  hereafter  not  allowed  to  accompany  troops  as  laundresses.     See  Army. 
Women  of  the  Civil  War,  memorial  monument  to  commemorate.     Contributions  by 
the  Government  for  site  and  building;    commission  to  approve  site  and  plans  and 
to  supervise  expenditures;  Commission  of  Fine  Arts  also  to  approve  plans;  memorial 
to  be  permanent  headquarters  of  American  Red  Cross;    and  American  Red  Cross 
to  be  charged  with  and  responsible  for  care,  keeping,  and  maintenance  of  memorial 
and  grounds,  but  title  to  site  and  building  to  be  in  the  United  States.     Act  of  Oct.  22, 
1913  (38  Stat.  233). 

Wrecks,  obstructions  to  navigation,  removal  of.     See  Corps  of  Engineers. 
Yellowstone  National  Park.    See  National  parks. 
Yosemite  National  Park.    See  National  parks. 

Removal  of  trespassers,  etc.,  from.     See  Employment  of  military  force. 
Sale  to  War  Department  by  city  and  county  of  San  Francisco  of  water  supply 
required  for  military  reservations  in  or  near  the  city  of  San  Francisco  on  certain 
conditions,  etc.,  being  waters  from  reservoirs  of  Hetch  Hetchy  Valley  within. 
Par.  (u),  sec.  9,  act  of  Dec.  19,  1913  (38  Stat.  250). 


INDEX. 


[References  are  to  paragraphs  unless  pages  are  indicated.    Articles  of  War  are  indicated  by  their  numbers 
the  letters  A.  W.  following  the  number  of  the  article.) 


ABANDONED  PROPERTY: 

During  insurrections.    See  Insurrection. 
ABSENCE: 

For  absence  of  a  particular  official,  see  the  official. 
Employees  of  executive  departments.    See  Execu- 
tive departments. 

Enlisted  men.    See  Enlisted  men— Absence. 
Leaves  of.    See  Leaves  of  absence.  * 

Officers.    See  Officers,  Army — Absence. 
ACADEMIC  BOARD. 

Military  Academy.    See  Military  Academy. 
ACADEMIC  STAFF: 

Military  Academy.    See  Military  Academy. 
ACCIDENTS: 

Aviators,  payment  to  beneficiary,  889n. 
Laborers,  etc.    See  Laborers. 
ACCOUNTANTS: 

Restriction  upon  payments  to,  81a. 
ACCOUNTING    OFFICERS.    See    also    Public 

moneys. 

Audit  particular  account,  201. 
Bonds  of,  sureties  on,  when  released,  398. 
Court  of  Claims  decree  binding  on,  280. 
Decisions  of,  revised,  209. 
Disbursing  officers'  books,  124. 
Discharge  certificate  returned  by,  214. 
Fraudulent  claims,  287. 
Property  lost  in  military  service,  217. 
Rejected  nominations  reported  to,  11. 
Report  of  claims  allowed,  216. 
Set-off;  enforcing,  239. 
Stoppages;  empowered  to  remove,  641. 
Volunteers,  claims  of,  218. 
Warrants,  237. 
ACCOUNTING  OF  PUBLIC  MONEY: 

For  accounts  of  a  'particular  office  or  officer,  see  the 

specific  title.    See  also  Public  moneys. 
AUDITORS.    See  A  uditors. 
CLAIMS.    See  Claims. 

COMPTROLLER  OP  THE  TREASURY.    See   Comp- 
troller of  the  Treasury. 
DEFICIENCIES— 

Notice  to  surety  on  bond,  397. 
EXAMINATION  OF  ACCOUNTS— 
Administrative,  regulations  for,  197. 
Administrative,  under  Dockery  Act,  198. 
In  District  of  Columbia,  212. 
of  Officers  in  District  of  Columbia,  212. 
Reexamination  of  settled  accounts,  211. 
FISCAL  YEAR,  195. 
FORM  OF  ACCOUNTS— 
Entry  for  each  item,  409. 
False  entry  by  officer,  etc.,  penalty,  171. 
of  Unexpended  balances  reappropriated,  191a. 


ACCOUNTING  OF  PUBLIC  MONEY— Cont'd. 
PRESERVATION  OF  ACCOUNTS— 

Auditor's  accounts  to  be  preserved,  210. 

Regulations  by  Secretary  of  Treasury,  208. 
RENDERING  OF  ACCOUNTS— 

Deficiencies,  immediate  report,  397. 

Delinquent,  annual  report  of,  199. 

Failure  to  render,  penalty,  421. 

Fiscal  year  observed  in  publishing,  195. 

Form  prescribed  by  Comptroller,  200. 

Tune  regulated,  penalty  for  delay,  196. 
REVISION  OF  ACCOUNTS— 

Limitation  of  one  year,  207. 

Payment  accepted,  precludes  right  to,  208. 

Suspended  accounts,  revision  after  settlement, 

208. 
SETTLEMENT  OF  ACCOUNTS— 

Comptroller's  construction  of  statutes,  209. 

Comptroller's  decision  to  govern,  202. 

Comptroller  may  at  any  time  order,  201. 

Conclusive  on  acceptance  of  payments,  208 

Contracts  relating  to,  deposit  of,  1216. 

Deficiencies,  immediate  report  of,  397. 

Disallowed,  not  reopened,  211. 

of  Line  Officers,  213. 

Place  of  settlement,  215. 

Procedure  to  secure,  294. 

Suit  to  recover  balance  due,  203. 

Suspension  by  Secretary  of  Treasury,  207. 
WARRANTS,  237. 

ACCOUNTS.    See  also  Accounting  of  public  money. 
Clothing,  oaths  to,  153. 
Company  commander's,  1260. 
of  Deceased  officers  and  men,  1059, 1060. 
of  Disbursing  officers.    See  Disbursing  officers. 
of  Panama  Canal,  examination,  200a. 
Report  of,  183. 

of  Soldiers'  Home.    See  Soldiers'  home. 
for  Supplies  or  services,  1189. 
Travel,  oaths  to,  65. 
ACCRUED  RIGHTS: 

Revision  of  statutes  not  to  affect,  315. 
ACKNOWLEDGMENTS.    See  also  Oaths. 

Before  whom  may  be  taken,  63. 
ACTING  COMMISSARIES.    See  Commissaries 
ACTING  COOKS: 

Hospital  Corps.    See  Hospital  Corps. 
ACTING  DENTAL  SURGEONS.     See  also  Den- 
tal Surgeons. 

Appointment,  pay,  etc.,  750. 
Commutation  of  quarters,  668a,  668b. 
Longevity  pay,  751. 


700 


INDEX. 


ACTING  HOSPITAL  STEWARDS.    See   Hos- 
pital stewards. 
ACTING    JUDGE    ADVOCATES.    See    Judge 

Advocates. 
ACTIVE  DUTY: 

of  Medical  Reserve  officers.    See  Medical  Reserve 

Corps. 

of  Retired  officers.    See  Retirement,  Army. 
ACTIVE  LIST: 

Transfer  to.    See  Retirement,  Army. 
ADDING  MACHINES: 

Exchange  by  departments  authorized,  75a. 

Exchange  by  Signal  Corps,  883a. 
ADDITIONAL  PAYMASTERS.     See  Paymas- 
ters, A  rmy. 
ADJUTANT: 

Horses  allowed,  554. 

ADJUTANT    GENERAL.    See    also    Adjutant 
General's  Department. 

Authorization,  431. 

Control  of  disciplinary  barracks  vested  in,  477a. 
ADJUTANT    GENERAL,    MILITIA.    See  also 
Militia. 

of  District  of  Columbia,  959, 1373, 1374. 

of  States  and  Territories,  1335. 
ADJUTANT     GENERAL'S     DEPARTMENT. 
See  also  Military  Secretary's  Department. 

Adjutant  General.    See  Adjutant  General. 

Appropriations,  435. 

Assistant  Adjutants  General,  437. 

Certificates  of  service  issued,  458. 

Composition,  431. 

Consolidated,  434. 

Creation,  436. 

Details  to,  936. 

Organization,  431. 

Promotions,  431. 

Record  and  Pension  Office.    See  Record  and  Pen- 
sion Office. 

Vacancies  filled  by  details,  936. 

Vacancies  filled  by  promotion,  431. 
ADJUTANT,     MILITARY     ACADEMY.     See 

Military  Academy. 

ADMINISTRATIVE  EXAMINATION  OF  AC- 
COUNTS.   See  A  ccounting  of  public  money. 
ADMINISTRATORS: 

Failure  to  recognize  priority  of  United  States,  222. 
ADMIRALS,  NAVY: 

Relative  rank  with  officers  of  Army,  352. 
ADVANCES  OF  PAY.    See  Pay  of  Army. 
ADVANCES  OF  PUBLIC  MONEY.    See  Public 

moneys. 
ADVERTISING: 

For  a  particular  article  or  in  a  particular  office,  see 
the  specific  title. 

Army  supplies.    See  Supplies,  Army. 

by  Executive  departments.    See   Executive   de- 
partments. 

Hospital  stewards'  quarters,  550,  762. 

Printing,  Quartermaster's  Department,  1236. 

Purchases  for  Soldiers'  Home,  1512. 

for  Quartermaster's  supplies,  1205, 1236. 

for  Transportation  of  Army,  538. 
AFFIDAVIT.    See  also  Oaths. 

To  accompany  copy  of  contract,  1212. 
AGE  LIMIT: 

of  Chaplains.    See  Chaplains. 

of  Citizens  subject  to  military  duty,  327. 


AGENTS: 

of  Corporations  and  United  States,  1250. 
Employment,  restrictions,  27. 
Exchange  of  funds  by,  401. 
Fictitious  entries  by,  penalty,  171. 
Indian.    See  Indian  agents. 
Special;  bond,  248. 
of  Surety  companies,  390. 
AIDS: 

to  General  officers,  351. 
to  General  staff  officers,  369. 
ALASKA: 

Assignment  of  pay  accounts  of  officers  in,  740. 
Cable  lines  in,  foreign  owned,  897. 
Discrimination  against  uniform,  1010. 
Estimates  for  extension  of  cable  lines  in,  899. 
Military  telegraph  lines  in,  897,  899. 
Posse  comitatus,  use  of  Army  as,  1477. 
Road  commi-sioners  in,  commutation,  669. 
Service  in,  counting  toward  retirement,  1041. 
Traveling  expenses,  officers  in,  681. 
ALCOHOLIC   DRINKS.     See    also    Intoxicating 

liquors. 

Study  of,  in  Military  Academy,  1161. 
ALIEN  LABOR: 

in  Canal  Zone,  1225, 1226. 
ALIENS: 

Enlistment  in  Army,  1029. 
Naturalization  of.    See  Naturalization. 
ALLOTMENTS: 
of  Contingent  funds,  188. 
of  Pay  of  enlisted  men,  711,  712. 
ALLOWANCES   TO   OFFICERS.    See   Pay  of 

Army. 
AMBULANCE  COMPANIES.    See  also  Hospital 

Corps. 

Organization,  768. 

AMERICAN  ARTICLES.    See  American  mate- 
rial. 
AMERICAN  COUNTRIES: 

Sale  of  arms  and  munitions  of  war  to,  1475. 
AMERICAN  DESIGNERS: 

Sale  of  ordnance  to,  846. 
AMERICAN  MATERIAL: 

Preference  to  be  given  in  contracts,  1205, 1234. 
AMERICAN  NATIONAL  RED  CROSS: 
Loan  of  sanitary  equipment  to,  775b,  775c. 
Sale  of  medical  supplies  to,  775a. 
Sale  of  ordnance  to,  844. 

AMERICAN     SOCIETY     OF     CIVIL     ENGI- 
NEERS: 

Reports  of  tests  of  iron  and  steel  to,  869. 
AMMUNITION.    See  also  Ordnance. 
Appropriations  for,  831. 
Contracts,  8-hour  law  to  be  observed,  1231. 
Exchange  of,  with  militia.    See  Militia. 
Issue  to  colleges  and  State  institutions,  955. 
Issue  to  executive  departments,  847. 
Issue  to  militia.    See  Militia. 
Obtaining  from  soldier,  penalty,  220. 
Sale  of,  to  rifle  clubs,  1368. 
AMOUNT  APPROPRIATED: 

How  to  determine,  411. 

ANNUAL  LEAVE.    See  also  Leaves  of  absence. 
of  Employees  of  arsenals,  857. 
of  Employees  of  executive  departments,  50, 51. 
Holidays  not  to  be  counted  in  computing,  52. 


INDEX. 


701 


ANTIETAM  BATTLEFIELD: 

Superintendent  of,  1299. 
ANTITOXINS,  BOARD  ON: 

Surgeon  General  member  of,  780. 
APPEAL: 

to  Supreme  Court.    See  Supreme   Court  of  the 

United  States. 
APPOINTMENTS: 

To  a  particular  office,  or  in  a  particular  branch  of 
the  service,  see  the  specific  title. 

of  Chaplains.    See  Chaplains. 

in  Civil  service.    See  Civil  service. 

of  Officers.    See  Officers,  A  rmy. 

Presidential;  notice  to  Treasury,  10. 

Recess,  power  to  make,  8. 

Recess,  salary  of  appointees,  168. 

of  Second  lieutenants.    See  Officers,  A  rmy. 

in  Staff  departments.    See  Staff  departments. 

Temporary,  restrictions  on,  16, 17. 
APPROPRIATIONS: 

For  a  particular  office  or  service,  see  the  specific  title.  t 
See  also  Public  moneys. 

Amount  of,  how  determined,  411. 

Applied  solely  to  objects  for  which  made,  187. 

Balances  to  be  applied  only  to  year  of,  193. 

Contingent  funds.    See  Contingent  funds. 

Contracts,  relation  to.    See  Contracts. 

Disbursement.    See  Disbursement  of  public  money. 

Disposition  of  balances  after  two  years,  191,  192. 

Estimates  for.    See  Estimates. 

Fiscal  year  in,  195. 

Lump  sum.    See  Lump-sum  appropriations. 

Payment  of  additional  salaries  from  certain,  pro- 
hibited, 35a. 

Permanent,  how  determined,  194. 

Reappropriation  of  unexpended  balances,  191a. 

Treasury  drawn  upon  only  in  accordance  with, 
186. 

Unexpended  balances,  use  as  new,  191a. 
ARCHAEOLOGY: 

of  Ruins  upon  national  lands,  1286, 1287. 
ARMAMENT.    See  also  Ordnance. 

Sale  of  personal,  for  sentimental  reasons,  845. 
ARMORIES  AND  ARSENALS.    See  also  Ord- 
nance Department. 

Abolishment  of  useless,  856. 

Ammunition.    See  Ammunition. 

Annual  account  of  expenses,  855. 

Annual  leave  of  employees,  857. 

Appropriations,  861,  862. 

Anns.    See  Arms. 

Ajson  of,  penalty,  1316. 

Cannon.    See  Cannon. 

Compensation  of  employees  of,  854. 

Composition  of  employees  of,  853. 

Destruction  of  tools  by  employees,  858. 

Enticing  employees  away  from,  penalty,  859. 

Employees  exempt  from  jury  duty,  860. 

Examination  of  title  to  sites  for,  258. 

Expenditures  upon  patentable  inventions,  865. 

Expenses  apportioned  among  years,  861. 

Laborers  injured  in  employment.    See  Laborers. 

Obtaining,  communicating  etc.,  unlawful  infor- 
mation concerning,  penalty,  1317J-1317J. 

Reward  to  employees  for  suggestions,  864. 

Time-measuring  devices  not  to  be  used,  864a 

Useless,  to  be  abolished,  856. 


ARMS.    See  also  Ordnance. 

Accountability.    See  Articles  of  War. 

Ammunition.    See  Ammunition. 

Deductions  from  pay  for  damage  to,  690. 

Distribution  to  militia.    See  MiKtia. 

Embezzlement,  punishment,  1264. 

Exchange  with  militia.    See  Militia. 

Obtaining  unlawfully,  220. 

in  Possession  of  unauthorized  persons,  1262. 

Report  of  damages  to,  836. 

Right  to  bear,  1319. 

Sale  to  rifle  clubs,  1367, 1368. 

Sale  by  soldiers  prohibited,  1262. 

Theft,  punishment,  1264. 
ARMS  AND  MUNITIONS  OF  WAR: 

Exportation  of,  to  American  countries,  1475. 
ARMY: 

ADJUTANT  GENERAL'S  DEPARTMENT.    See  Adju- 
tant General's  Department. 

AIDS.    See  Aids. 

APPOINTMENTS. 
Of  a  particular  class  of  officers  or  in  a  particular 

department,  see  the  specific  title 
of  Officers  of  line.    See  Officers,  Army. 

A  PPROPRIATIONS— 

See  particular  office  or  service  for  which  made. 
Available  for  purchase  of  reserve  supplies,  616a, 

ARTILLERY.    See  Artillery. 

BANDS— 
of  a  particular  arm  of  the  service,  see  the  specific 

title. 

Additional  compensation  prohibited,  701. 
Pay  of  enlisted  men,  701. 

CAVALRY.    See  Cavalry. 

COAST  ARTILLERY.    See  Artillery. 

COLORS  CAPTURED,  COLLECTED,  149. 

COMMANDER  IN  CHIEF.    See  also  President  of  the 
United  States. 
President  designated  as,  2. 

COMMISSARY  GENERAL.      See  Commissary  Gen- 
eral. 

COMPOSITION  IN  TIME  OF  WAR,  328. 

CORPS  OF  ENGINEERS.    See  Engineers,  Corps  of. 

DISBURSING  OFFICERS.    See  Disbursing  officers, 
Army. 

DISEASES  IN.    See  Contagious  diseases. 

ENLISTED  MEN.    See  Enlisted  men 

ENLISTMENT  IN.    See  Enlistment. 

FIELD  ARTILLERY.    See  Artillery. 

GENERAL  STAFF  CORPS.    See  General  Staff  Corps. 

INDIAN  SCOUTS.    See  Indian  scouts. 

INFANTRY.    See  Infantry. 

JUDGE    ADVOCATE    GENERAL'S    DEPARTMENT. 
See  Judge  Advocate  General's  Department. 

MEDICAL    DEPARTMENT.     See   Medical    Depart- 
ment. 

MILITARY  SECRETARY'S  DEPARTMENT.    See  Mili- 
tary Secretary's  Department. 

MILITIA.    See  Militia. 

NATIVE   ORGANIZATIONS.    See   Native  organiza- 
tions. 

NONCOMMISSIONED  OFFICERS.    See  Noncommis- 
sjoned  officers. 

OFFICERS.    See  Officers,  Army. 

ORDNANCE  DEPARTMENT     See  Ordnance  Depart- 
ment. 


702 


INDEX. 


ARMY-€ontinued. 
ORGANIZATION  IN  TIME  OP  WAR,  357 
PAY.    See  Pay  of  Army. 
PAY  DEPARTMENT.    See  Pay  Department. 
PAYMASTER  GENERAL.    See  Paymaster  General. 
PAYMASTER'S  CLERKS.    See  Pay  Department 
PHILIPPINE  SCOUTS.    See  Philippine  Scouts. 
PORTO  Rico  REGIMENT.    See  Porto  Rico  Regi- 
ment. 

POSSE  COMFTATUS,  USE  OF  ARMY  AS— 

in  Alaska,  allowed,  1477. 
Prohibited,  1480. 

QUARTERMASTER     CORPS.    See     Quartermaster 
Corps. 

QUARTERMASTER  GENERAL.    See  Quartermaster 
General. 

RATIONS.    See  Rations,  Army. 

REENLISTMENT.    See  Enlistment. 

REGISTER.    See  Army  Register. 

REGULAR  ARMY.    See  Regular  Army. 

REGULATIONS.    See  Army  Regulations. 

RELATIVE  RANK.    See  Rank,  Army. 

RESERVE.    See  Army  Reserve. 

RETIREMENT.    See  Retirement,  Army. 

SIGNAL  CORPS     See  Signal  Corps. 

STAFF  DEPARTMENTS.    See  Staff  Departments. 

STRENGTH— 
Enlisted,  of  line,  332. 
during  Exigencies,  333. 

SUBSISTENCE  DEPARTMENT.    See  Subsistence  De- 
partment. 

SUPPLIES.    See  Supplies,  Army. 

SURGEON  GENERAL.    See  Surgeon  General. 

SURGEONS.    See  Surgeons,  Army. 

TACTICAL  ORGANIZATIONS  OF,  356. 

in  TIME  OF  WAR— 
Composition,  328. 
Organization,  357. 
Strength,  333. 

TRANSPORTS.    See  Transports,  Army. 

UNIFORM.    See  Uniform,  Army. 

VETERINARIANS.    See  Veterinarians. 

VOLUNTEER.    See  Volunteer  Army. 
ARMY  AND  NAVY  UNION: 

Badges  of,  etc.,  1021, 1022. 
ARMY  CORPS: 

Composition,  357. 

Composition  of  staff,  358. 

When  authorized,  357. 
ARMY  FIELD  ENGINEER  SCHOOL: 

Purpose,  1183. 
ARMY  REGISTER: 

Enlisted  and  volunteer  service  noted,  326. 

Lineal  rank  separately  for  each  arm,  326. 

Retired  officers  included,  988. 

Schedule  of  pay  and  emoluments,  325. 

Volunteers  serving  in  Civil  War  entered,  1007. 

Wholly  retired  officers  not  included,  982. 
ARMY  REGULATIONS: 

Promulgated  by  President,  324. 

Volunteer  forces  subject  to,  1385. 
ARMY  RESERVE: 

Organization  and  regulations,  1031. 
ARMY  SCHOOL  FOR  BAKERS  AND  COOKS: 

Prizes  for  graduates,  1188. 
ARMY  SCHOOL  OF  THE  LINE: 

Purpose,  1183. 


ARMY  SERVICE  MEN: 

at  Military  Academy,  1168, 1169. 
ARMY  SIGNAL  SCHOOL: 

Purpose,  1183. 

ARMY  SUPPLIES.    See  Supplies,  Army. 
ARMY  TRANSPORTS.    See   Transports,  Army. 
ARMY  WAR  COLLEGE: 

Establishment  and  scope,  1182. 
ARREARS  TO  UNITED  STATES: 
Compensation  not  paid  to  one  in,  693. 
ARRESTS.    See  also  Articles  of  War. 
of  Deserters.    See  Desertion. 
of  Enlisted  men,  for  debt,  1067. 
in  Indian  country.    See  Indian  country. 
ARSENALS.    See  Armories  and  Arsenals. 
ARSON: 

of  Military  posts,  etc.,  1316. 
ARTICLES  OF  WAR  (pp.  577-616): 
Absence  from  parade,  etc.,  33  A.  W. 
Absence  without  leave,  32  A.  W. 
Accountability  for  arms,  etc.,  10  A.  W. 
Accouterments,  losing,  spoiling,  etc.,  17  A.  W. 
Accused,  arraignment,  89  A.  W. 

Counsel,  90  A.  W. 

Copy  of  charges,  71  A.  W. 

Entitled  to  copy  of  record,  114  A.  W. 
Accuser  or  witness  for  prosecution  not  to  be  mem- 
ber, p.  615. 

Affirmation,  92  A.  W. 
Alarms,  false,  41  A.  W. 
Allowing  duels,  27  A.  W. 
Ammunition,  wasting,  16  A.  W. 
Application  to  Marine  Corps,  305. 
Approval  of  sentences,  104-109,  111  A.  W. 
Arrest  of  officers,  65  A.  W. 

Duration  of,  70,  71  A.  W. 

Release,  70,  71  A.  W. 
Behavior  of  members,  87  A.  W. 
Branding,  etc.,  98  A.  W. 
Camp,  retainers  to,  63  A.  W. 
CHALLENGES — 

to  Duels,  26  A.  W. 

to  Members,  88  A.  W. 

Charges,  copy  to  be  furnished  accused,  71  A.  W. 
Civil  authority,  delivery  of  offender  to,  59  A.  W. 
Command,  when  different  corps  join,  122  A.  W. 
Commanders  not  to  be  interested  in  sale  of  vict- 
uals, etc.,  18  A.  W. 

Commanding  officer,  disrespect  to,  20  A.  W. 
Conduct  prejudicial  to  good  order,  etc.,  62  A.  W. 
Conduct  unbecoming  an  officer  and  gentleman, 

61  A.  W. 

Confinement  of  enlisted  men,  66-70  A.  W. 
Confirmation  of  sentences,  104-109,  111  A.  W. 
Congress,  disrespectful  words  concerning,  19  A.  W. 
Contempts  of  court,  86  A.  W. 
Contemptuous  words,  19  A.  W. 
Continuances,  93  A.  W. 
COURTS  OF  INQUIRY,  116-121  A.  W. 

Authentication  of  proceedings,  120  A.  W. 

Composition,  116  A.  W. 

Constitution,  115  A.  W. 

Evidence,  proceedings  as,  121  A.  W 

Oaths  of  members  and  recorder,  117  A.  W. 

Opinion,  when  furnished,  119  A.  W. 

Record  as  evidence,  121  A.  W. 

Witnesses,  119  A.  W. 


INDEX. 


703 


ARTICLES  OF  WAR— Continued. 
Cowardice,  42  A.  W. 

Crimes  during  war,  insurrection,  etc.,  58  A.  W. 
Damages  to  stores,  15  A.  W. 
Death  sentences,  47,  96, 105,  111  A.  W. 
Deceased  officer,  effects,  125, 127  A.  W. 
Deceased  soldier,  effects,  126, 127  A.  W. 
Delivery  of  offender  to  civil  authority,  59  A.  W. 
Depositions,  91  A.  W. 
DESERTION,  47-51  A.  W. 

Advising,  51  A.  W. 

Limitation  in,  103  A.  W. 

Penalty,  47,  48  A.  W. 

Resignation,  49  A.  W. 
Destruction  of  property,  55  A.  W. 
Discharges,  4  A.  W. 
DISCIPLINE— 

Conduct  prejudicial  to,  62  A.  W. 

Maintenance  of,  on  march  and  in  quarters,  54-56 

A.  W. 

Dismissal  of  officer,  99, 106, 107,  111  A.  W. 
Disrespectful  words,  19,  20  A.  W. 
Disrespect  to  commanding  officer,  20  A.  W. 
Divine  service,  misconduct  at,  52  A.  W. 
Drunkenness  on  duty,  38  A.  W. 
Duels,  26-28  A.  W. 
DUTY— 

Drunkenness  on,  38  A.  W. 

Hiring,  36  A.  W. 
Embezzlement,  etc.,  60  A.  W 
Enacting  clause,  sec.  1342,  R.  S.,  p.  579. 
ENEMY— 

Corresponding  with,  46  A.  W. 

Relieving,  45  A.  W. 
Enlisting  without  discharge,  50  A.  W. 
Enlistments  unlawful,  penalty,  3  A.  W. 
False  alarms,  41  A.  W. 
False  certificates,  13  A.  W. 
False  muster,  5, 14  A.  W. 
False  returns,  8  A.  W. 
Flogging,  98  A.  W. 
Fraud,  embezzlement,  etc.,  60  A.  W. 
Furlough,  11  A.  W. 
GENERAL  COURTS-MARTIAL,  p.  614-616. 

Approval  of  sentences,  104-108  A.  W. 

Behavior  of  members,  87  A.  W. 

Challenges,  88  A.  W 

Composition,  76-79  A.  W. 

Confinement  in  penitentiary,  97  A.  W. 

Constitution,  p.  614. 

Continuances,  93  A.  W. 

Depositions,  91  A.  W. 

Dismissal  oi  officers,  99, 105,  106,  111  A.  W. 

Execution  of  sentences,  104-109, 111,112A.W 

General  officers,  sentences  respecting,  108  A.  W. 

Inferior  in  rank,  79  A.  W. 

Judge  advocates,  74,  84,  90  A .  W. 

Limits  of  punishment,  p.  614. 

Number  of  officers,  p.  614. 

Oaths,  84,  85  A.  W. 

Order  of  voting,  95  A.  W. 

Pardon  and  mitigation,  112  A.  W. 

Proceedings,  final  disposition,  113  A.  W. 

Suspension  of  officers'  pay,  101  A.  W. 

Voting,  95  A.  W. 

General  officers,  sentences  respecting,  108  A.  W 
Good  order  on  march,  etc.,  54  A.  W. 
Gratification  or  reward  for  muster,  6  A.  W. 


ARTICLES  OF  WAR— Continued. 
Hiring  duty,  36  A.  W. 
Horses,  losing,  spoiling,  etc.,  17  A.  «V. 
Judge  advocates,  74,  84,  85,  90,  92,  113  A.  W. 
LIMITATION  OF  PROSECUTION— 

in  Desertion,  103  A.  W. 

in  General,  103  A.  W. 
Limits  of  punishment,  p.  614. 
Marines,  when  subject  to,  305. 
Marking,  tattooing,  etc.,  98  A.  W. 
Members  of  courts-martial,  76-7^  A.  W. 
Military  discipline,  conduct  prejudicial  to,  62 

A.  W. 

Militia  subject  to,  1342;  62  A .  W. 
Misbehavior  before  enemy,  42  A.  W. 
Muster,  false,  5, 14  A.  W. 
Musters,  5,  6, 13, 14  A.  W. 
Mutiny,  22,  33  A.  W. 
Neglect  of  duty,  62  A.  W. 
Neglects,  etc.,  prejudicial  to  military  discipline, 

62  A.  W. 

Oath  of  enlistment,  2  A.  W. 
OATHS,  2,  84,  85,  92  A.  W. 

Enlistment,  2  A.  W. 

Judge  advocate,  85  A.  W. 

Member,  84  A.  W 

Witness,  92  A.  W. 
Oaths  profane,  53  A.  W. 
Officer  and  gentleman,  conduct  unbecoming,  61 

A.  W. 

Officers  to  keep  good  order  in  commands,  54  A.  W. 
Officers  to  subscribe  to,  1  A.  W. 
Officers,  triable  by  general  courts-martial  only, 

79  A.  W. 

One  mile  from  camp  without  leave,  34  A.  W. 
Order  to  be  kept  in  quarters  and  on  the  march,  54 

and  55  A.  W 

Pardon  and  mitigation,  112  A.  W. 
PENITENTIARIES — 

Confinement  in,  97  A.  W. 

Sentences  to,  97  A.  W. 
PERSONS  SUBJECT  TO — 

Army  of  the  United  States,  1, 2,  64  A.  W. 

Army  paymasters'  clerks,  630,  634. 

Convicts  in  military  prisons,  493. 

Inmates  Soldiers'  Home,  1521. 

Marine  Corps  when  serviBg  with  Army,  305. 

Marines  serving  with  land  forces,  78  A.  W. 

Militia  in  actual  service,  1342. 

Militia  in  time  of  war,  64  A.  W. 

Persons  serving  with  armies  in  field,  63  A.  W. 

Regular  Army,  1,  2  A.  W. 

Retainers  to  camp,  63  A.  W. 

Retired  officers,  988. 

Soldiers'  Home,  inmates  of,  1521. 

Soldiers  sentenced  to  dishonorable  discharge, 
p.  614. 

Volunteer  forces,  1385. 

Volunteers,  64  A.  W. 
Pleas,  89  A.  W. 
President,  contemptuous  or  disrespectful  words 

concerning,  19  A.  W. 
PRISONER— 

Charges  against,  66  A.  W. 

Confinement  of,  66-69  A.  W. 

Escape  of,  69  A.  W. 

Receiving  by  provost-marshal,  etc.,  67  A.  W. 

Release  of,  69  A.  W. 

Report  of,  68  A.  W. 


704 


INDEX. 


ARTICLES  OF  WAR— Continued. 
Profane  oaths,  53  A.  W. 
PROPERTY— 

Captured,  9  A.  W. 

Returns,  10  A.  W. 
PUBLICATION  OF — 

Articles  of  War,  128  A.  W. 

Sentences,  100  A.  W. 
Punishment,  limits  of,  p.  614. 
Punishments  prohibited,  98  A.  W. 
Quarrels,  frays,*etc.,  24  A.  W. 
Quarters,  lying  out  of,  31  A.  W. 
Quelling  mutiny,  23  A.  W. 
Quitting  guard,  40  A.  W. 
Rank  of  Regular  and  Volunteer  officers,  122  A.W. 
Read,  once  in  six  months  to  regiments,  etc.,  128 

A.W. 

Records  of  general  courts-martial  forwarded  to 
Judge  Advocate  General,  113  A.  W. 

Party  entitled  to  copy,  114  A.  W. 
Recruits,  articles  to  be  read  to,  2  A.  W. 
REDRESS  OF  WRONG — 

Enlisted  men,  30  A.  W. 

Officers,  29  A.  W. 
Regimental  returns,  7  A.  W. 
Relieving  enemy,  45  A.  W. 
Report  of  prisoners,  68  A.  W. 
Reproachful  speeches,  25  A.  W. 
Retainers  to  camp,  63  A.  W. 
Retreat,  failing,  to  retire  to  camp  at,  35  A.  W. 
RETURNS— 

False,  8  A.  W. 

Regimental,  7  A.  W. 
Safeguard,  forcing  of,  57  A.  W. 
Second  trial  for  same  offense,  102  A.  W. 
SENTENCES,  96-101, 104-107,  111,  112  A.  W. 

Approval  and  confirmation,  104-109  A.  W. 

Death,  47,  96,  111  A.  W. 

Dismissal  of  officer,  99,  107,  111  A.  W. 

Flogging,  98  A.  W. 

General  officers,  108  A.  W. 

Limits  of,  p.  614. 

Pardon  and  mitigation,  112  A.  W. 

Penitentiary,  97  A.  W. 

Publication,  100  A.  W. 

Suspension  of,  111  A.  W. 

Suspension  of  pay,  etc.,  101  A.  W. 
Sleeping  on  post,  39  A.  W. 
Soldiers'  Home,  1521. 
SPECIAL  COURTS-MARTIAL,  p.  614-15. 

Appeal  from,  30  A.  W. 

Approval  of  proceedings,  104,  109  A.  W. 

Behavior  of  members,  87  A.  W. 

Composition,  p.  614. 

Constitution,  p.  614. 

Judge  advocates,  74,  84,  85,  90  A.  W. 

Jurisdiction,  p.  615. 

Limits  of  punishment,  p.  615. 

Oaths,  84,  85  A.  W. 

Pardon  and  mitigation,  112  A.  W. 

Redressing  wrongs,  30  A.  W. 

Sentences,  p.  615. 
Spies,  sec.  1343  R.  S.;  p.  614. 
Standing  mute,  89  A.  W. 
Stores  captured,  9  A.  W. 
Striking  superior  officer,  21  A.  W. 
Surrender,  compelling  of,  43  A.  W. 


ARTICLES  OF  WAR-Continued. 
Suspension  of  officers'  pay,  101  A.  W. 
Suspension  of  sentence,  111  A.  W. 
Troops,  Articles  of  War,  to  be  read  to,  128  A.  W. 
Troops,  subject  to  Articles  of  War,  64  A.  W. 
Twice  in  jeopardy,  102  A.  W. 
Victuals,  sale  of,  commanding  officers  not  to  be 

interested  in,  18  A.  W. 
Violence  to  persons  bringing  in  provisions,  55 

A.  W. 

Voting,  order  of,  95  A.  W. 
Watchword,  disclosure  of,  44  A.  W. 
WITNESSES— 

Affirmation,  92  A.  W. 

Oath,  92;  118  A.  W. 
WRONGS,  REDRESS  OF,  29;  30  A.  W. 

Officers,  29  A.  W. 

Soldiers,  30  A.  W. 
ARTIFICERS: 
Detail  to  organizations,  822. 
Pay,  697. 
ARTIFICIAL  LIMBS: 

Furnished  by  Surgeon  General,  782. 
ARTILLERY.    See  also  Artillery  Corps. 
Barracks  and  quarters,  limit  of  cost,  547,  549. 
Chaplains,  902,  903. 

Chief  of  Artillery.  See  Chief  of  Artillery. 
COAST  ARTILLERY— 

Additional  chaplains,  903. 

Bands,  1089. 

Barracks  for,  limit  of  cost,  549. 

Branch  of  Artillery  Corps,  1082. 

Company  organization,  1088. 

Composition  and  duties,  1087. 

to  Constitute  a  corps,  1086. 

Maximum  enlisted  strength,  1088. 

Militia  organizations.    See  Militia. 

Noncommissioned  officers,  1086. 

Organization,  1086-1089. 

Pay  of  mechanics  and  chief  mechanics,  697. 

Separation  irom  Field  Artillery,  1084. 

Subscriptions  may  be  paid  in  advance,  1083a. 
COMPOSITION,  1083. 
FIELD  ARTILLERY— 

Bands,  1090, 1094. 

Battery  organization,  1091. 

Chaplains,  903. 

Composition  and  duties,  1082, 1093. 

Horseshoer,  703. 

Maximum  enlisted  strength,  1091. 

Mechanics,  pay,  697,  (i98. 

Noncommissioned  officers,  1092. 

Regimental  organization,  1090. 

Separation  from  Coast  Artillery,  1084, 1085. 

Staff  officers,  detail  of,  1090. 
Horses,  restrictions  upon  purchase,  539,  540. 
Medical  personnel  of  volunteer  regiments,  1385. 
Militia,    See  Militia. 
OFFICERS — 

Colonel  detailed  Chief  of  Artillery,  1082. 

Promotions  on  separation  of  coast  and  fleld,1084 

Vacancies,  after  promotion  due  to  reorganiza- 
tion, 1101-1103. 

Vacancies  caused  by  reorganization,  1085 
Quarters,  limit  of  cost,  547,  549. 
Regiments  discontinued,  1081. 


INDEX. 


705 


ARTILLERY— Continued. 

VETERINARY  SURGEONS— 
Pay  and  allowances,  1078. 
Retirement,  1079. 

Volunteer  regiments,  medical  personnel,  1385. 
ARTILLERY  CORPS.    See  also  A rtillery. 

Chief  of  Artillery.    See  Chief  of  A  rtillery. 

Coast  Artillery.    See  Artillery. 

Composition,  1082. 

Establishment  and  organization,  1081-1084. 

Officers.    See  Artillery— Officers. 
ARTILLERY  SCHOOL: 

Items  of  appropriation,  1185. 
ARTISANS.    See  also  Laborers. 

Rate  of  pay,  562. 
ASSAY  OFFICES: 

Depositaries  of  public  funds,  181. 

Superintendent,  assistant  treasurer,  181. 
ASSIGNMENTS: 

of  Claims  before  allowance,  240. 

of  Commissioned  officers,  935. 

of  Contracts.    See  Contracts. 

of  Pay  accounts.    See  Pay  accounts. 

of  Pay,  enlisted  men.    See  Pay  of  enlisted  men. 
ASSISTANT    ADJUTANTS    GENERAL.    See 
also  Adjutant  General's  Department. 

Duties,  437. 

ASSISTANT  AND  CHIEF  CLERK,  WAR  DE- 
PARTMENT. See  also  War  Department. 

Authorization,  144. 

May  sign  requisitions,  etc.,  145. 
ASSISTANT  TO  CHIEF  OF  BUREAU  OF  IN- 
SULAR  AFFAIRS.    See  Insular  Affairs,  Bu- 
reau of. 
ASSISTANT  INSTRUCTORS: 

at  Military  Academy.    See  Military  Academy. 
ASSISTANT  LIBRARIAN: 

Military  Academy,  pay,  1134. 
ASSISTANT  IN  ORDNANCE  BUREAU: 

Principal,  pay,  817. 
ASSISTANT  PROFESSORS: 

Military  Academy.    See  Military  Academy. 
ASSISTANT  SECRETARY  OF  WAR.    See  also 
Secretary  of  War. 

Appointment,  pay,  etc.,  142. 

ASSISTANT  TREASURERS  OF  THE 
UNITED  STATES.  See  also  Public  moneys; 
see  also  Treasurer  of  the  United  States. 

Duties  as  fiscal  agents,  185. 

Report  of  unchanged  balances,  183. 

Station  or  location,  180. 

Superintendents  of  mints  may  be,  181. 

Terms  of  o:fice,  180. 
ASSOCIATE  PROFESSORS: 

Military  Academy.    See  Military  Academy. 
ASSOCIATION  DUES: 

Payment  from  public  moneys,  81. 
ATTORNEY  GENERAL,   "see  also  Justice,  De- 
partment of. 

COUNSEL— 

in  Examination  of  witnesses,  137,  264. 
to  Represent  United  States  in  suits,  263  293. 

DUTIES.    See  also,  this  title,  Opinions. 
in  Condemnation  proceedings  1276. 

INFORMATION  TO  BE  FURNISHED  BY  DEPART- 
MENTS, 139. 

48985°— 15 45 


ATTORNEY  GENERAL— Continued. 

OPINIONS— 

to  Heads  of  departments,  262. 
to  President,  261. 
Publication  and  distribution,  265. 
on  Title  to  sites  for  forts,  etc.,  258. 
to  War  Department,  260. 

ATTORNEYS.    See   also   Attorney   General;   s«e 
also  Powers  of  attorney. 

Department  heads  not  to  employ,  138. 

Department  of  Justice  to  furnish,  263. 

Employes  of  United  States  as,  restrictions,  430. 

Ex-employes  as,  prohibition,  140. 
ATTORNEYS'  FEES: 

Deductions  for,  219. 

AUDITOR  FOR  WAR  DEPARTMENT.    See 
also  Auditors. 

Accounts  of  Soldiers'  Home,  1509. 

Duties  enumerated,  204,  205. 

AUDITORS.    See  also  Auditor  for    War  Depart- 
ment; see  also  Public  moneys. 

Accounts  to  be  preserved,  210. 

Audit  particular  account,  201. 

Certified  balances  to  be  final,  207. 

Contracts  to  be  filed  with,  1216. 

Duties  enumerated,  204,  205. 

Requisitions  for  advance  of  money,  196,  237. 

to  Superintend  recovery  of  debts,  206. 

may  Suspend  accounts,  208. 
AUTOMATIC  PISTOLS: 

Distribution  to  militia,  1370. 
AUTOMOBILES: 

Passenger-carrying,  purchase  restricted,  82a. 
AVIATION  DUTY.    See  also  Signal  Corps— Avi- 
ation section. 

Detached-service  law  does  not  cover,  384,  937. 

Details  on,  889. 
AVIATION      MECHANICIANS.     See      Signal 

Corps— Aviation  section. 
AVIATION  SECTION.    See  Signal  Corps. 
AWARD  OF  CONTRACT.    See  also  Contracts. 

Army  supplies,  1199. 
BADGES.    See  also  Insignia. 

See  also  Medals  of  honor. 

of  Army  corps,  who  may  wear,  1019. 

of  Chinese  relief  expedition,  1024. 

of  Military  societies,  who  may  wear,  1020. 

of  Regular  Army  and  Navy  Union,  1021, 1022. 

of  Spanish-American  War  societies,  1023. 

Wearing  unlawfully,  penalty,  1025. 
BAGGAGE: 

Lost  in  military  service,  217,  217a. 

Reimbursement  for  excess,  526. 
BAKERIES.  See  Post  bakeries. 
BALANCES: 

of  Accounts.    See  Accounts. 

of  Appropriations.    See  Appropriations. 
BANDS: 

Army.    See  Army. 

Cavalry.    See  Cavalry. 

Coast  Artillery.    See  Artillery. 

Engineers.    See  Engineers,  Corps  of. 

Field  Artillery.    See  Artillery. 

Infantry.    See  Infantry. 

Military  Academy.    See  Military  Academy. 
BANKERS: 

Unlawful  receipt  of  public  money,  penalty,  427. 


706 


INDEX. 


BARRACKS.    See  also  Quarters,  Army. 

for  Artillery.    See  Artillery. 

Erection,  approval  of  Secretary  of  War,  546. 

Estimates  for  permanent,  to  be  approved,  545. 

Fortification  sites  to  embrace  sites  for,  803. 

in  Philippines,  report  of  expenditures,  548. 

for  Seacoast  Artillery,  limit  on  cost,  549. 
BATTERIES.    See  Artillery. 
BEDDING   FOR  HORSES: 

Detached  officers  entitled,  559,  560. 
BENEFICIARIES: 

of  Enlisted  men,  to  be  designated,  1061, 1062. 

Evidence  to  support  claim,  68. 

Medical  examination  of,  70. 

of  Officers,  to  be  designated,  1061, 1062. 

Payments  to,  creditors'  claims,  69. 

of  Pensions,  classes  to  receive,  1482. 
BIDDER.    See  also  Contracts. 

to  Accompany  bid  with  guaranty,  1207. 

Notified  of  opening  bids,  1208. 
BIDS.    See  also  Contracts. 

Opening,  regulations  for,  1206. 

for  Public  works,  1209. 

for  River  and  harbor  improvements,  1210. 
BILL  OF  COMPLAINT: 

in  Restraint  of  distress  warrant,  234,  235. 
BLACKSMITHS: 

Detailed  as  horseshoers  and  farriers,  pay,  703. 

Pay,  697-698. 
BLANKS: 

Public  Printer  to  furnish,  112. 
BOARD: 

of  Commissioners,  Soldiers'  Home.    See  Soldiers' 
Home. 

of  Militia  oflicers.    See  Militia. 

of  Officers  for  investigation  of  frauds,  64. 

of  Ordnance  and  fortifications.    See  Ordnance  and 
Fortifications,  Board  of. 

of  Road  Commissioners,  Alaska,  669. 

for  Testing  iron  and  steel.    See  Ordnance  Depart- 
ment. 

of  Visitors.    See  Military  Academy. 
BOARDS: 

Detail,  pay;  restrictions  on,  408. 
BOATS: 

Purchase  or  hire  for  military  use,  535. 
BOND."  See  also  Surety  companies. 

of  Acting  disbursing  clerks,  24. 

Bids  to  be  accompanied  by,  1207. 

on  Contracts  for  public  buildings,  1217. 

of  Disbursing  clerks,  23. 

of  Disbursing  officers,  388. 

Examination  as  to  sufficiency,  394. 

Failure  to  examine  or  renew,  396. 

of  Military  prison  commandant,  482,  486. 

of  Militia  officers.    See  Militia. 

of  Officers  of  Quartermaster  Corps,  387. 

on  Ordnance  issued  to  colleges,  951. 

of  Paymasters,  etc.,  185. 

Premium,  payment  of,  393. 

Regulation  and  increase,  388. 

Renewal,  395. 

of  Special  agents  of  departments,  248. 

Suit  upon,  records  as  evidence,  247. 

Sureties,  duration  of  liability,  396. 

Sureties  notified  of  deficiencies,  397. 

Sureties,  priority,  223. 

Sureties  released  after  5  years,  398. 


BOND— Continued. 

of  Treasurer,  Soldiers'  Home,  1506. 

of  Vessels  during  insurrection,  1440. 
BOND-AIDED   RAILROADS: 

Transportation  of  officers,  686,  687. 

Transportation  of  troops  and  munitions,  531. 
BONUS: 

for  Reenlistment,  706. 

BOOK  OF  ESTIMATES.    See  also  Appropria- 
tions. 

See  also  Estimates. 

Annual  estimates,  executive  departments,  86. 

Date  for  transmission,  87. 

Estimates  for  river  and  harbor  improvements,  98. 

Information  on  lump-sum  appropriations,  96,  96a. 

Proceeds  of  sales,  statement  of,  100. 

Statement  of  business  condition,  102. 
BOOKS: 

See  also  Documents. 

of  Accounting  officers.    See  Accounting  officers. 

of  Disbursing  officers.    See  Disbursing  officers. 

Purchase  of  law  books  restricted,  78. 
BOUNTIES: 

for  Reenlistment  in  Army  reserve,  1031. 

for  Reenlistment  within  three  months,  706. 
BOUNTY  LAND: 

Enlisted  men,  deserters,  1053. 
BRANCH  PRISONS.    See  also  Disciplinary  bar- 
racks. 

See  also  Military  prison. 

Authorization,  476,  476a. 

Change  of  name,  475a. 
BREVET  RANK.    See  also  Rank,  Army. 

Assignment  according  to,  only  in  war,  1004. 

Civil  War  officers  holding,  uniform,  1008. 

Command  under,  right  to,  354, 1003, 1004. 

Dates  from  service  for  which  brevetted,  1001. 

for  Gallantry  in  Indian  wars,  1000, 1002. 

to  Officers  for  heroism  in  war,  999. 

Oflicers  of  Spanish  War,  uniform,  1009. 

Pay,  no  increase  on  account  of,  638. 

Title  according  to  actual  rank,  1006. 

Uniform  according  to  actual  rank,  1005. 

Uniform  of  Civil  War  officers,  1008. 

Uniform  of  Spanish  War  officers,  1009. 

Volunteer  and  militia  officers  eligible,  1385. 

Volunteer  officers  of  Civil  War,  uniform,  1007. 
BRIBERY: 

Acceptance  of  bribe,  penalty,  1253,  1254. 

Offering  bribes,  penalty,  1251. 
BRIGADE: 

Composition,  356,  357. 

Staff  of  commander,  359,  360. 
BRIGADIER  GENERAL,  ARMY: 

Aids  to,  351. 

Command  of,  356. 

Fuel  and  forage  allowed,  554. 

Pay,  635. 

in  Quartermaster  Corps,  office  terminated,  502. 

Relative  rank  with  Navy,  352. 

Staff  of,  359. 
BUILDINGS.    See  also  Public  buildings. 

in  District  of  Columbia,  rental,  118-120. 

Statements  as  to  rented,  99,  99a. 
BUREAU  CHIEFS: 

of   Executive  departments.    See    Executive   de- 
partments. 

of  War  Department.    See  War  Department. 


INDEX. 


707 


BUREAU  OF  INSULAR  AFFAIRS.    See  Insu- 
lar Affairs,  Bureau  of. 
BURIAL  EXPENSES: 

of  Officers,  enlisted  men,  etc.,  1063. 

Transportation  of  remains  of  employees,  84. 
CABINET  OFFICERS: 

For  a  particular  Cabinet  officer,  see  the  specific 
title;  see  also  Executive  departments— Heads  of 
departments. 

Succession  to  office  of  President,  5, 6. 
CABLE  LINES: 

Military,  injury  to,  900. 
CADET: 

Corps.    See  Military  Academy. 

Mess.    See  Military  Academy. 

Service,  not  counted  toward  retirement,  657. 
CALIBERS  OF   GUNS,  852. 
CALIFORNIA  ASYLUM: 

Insane  of  Army,  1526. 
CAMP  EQUIPMENT: 

Issues  for  use  of  Militia,  1358. 

Militia,  appropriations  for,  1351, 1352. 

Returns  of  commanding  officers  of,  573. 
CAMPS   OF  INSTRUCTION: 

Militia,  annual  attendance,  1331. 
CANAL  ZONE.    See  also  Panama. 

Accounts  in,  examination,  etc.,  200a. 

Alien  labor  in,  eight-hour  law,  1225,  1226. 

Tour  of  duty  in,  limit  of,  330a. 
CANDIDATES   FOR   PROMOTION: 

Trial  of,  by  summary  court  prohibited,  p.  616. 
CANNON.    See  also  Ordnance. 

Caliber,  determination  of,  852. 

Eight-hour  law  to  be  observed,  1231. 

Issue  of  obsolete  to  homes,  etc.,  160. 

Public  tests  of  rifled,  851. 

Sale  of  obsolete,  to  public  parks,  840. 

Sale  of  smooth-bore,  experimental  purposes,  841. 
CANNON  BALLS.    See  also  Ordnance. 

Loans  or  gifts,  849. 
CAPITOL: 

Telegraph  lines,  127, 128. 
CAPTAIN,  ARMY: 

of  a  particular  branch  of  the  service,  see  the  specific 
title. 

Fuel  and  forage  allowed,  554. 

Pay,  635. 

of  Porto  Rico  Regiment  recommissioned,  346a- 
346c. 

Relative  rank  with  Navy,  352. 

Vacancies  due  to  reorganization  act,  1101. 
CAPTIVITY: 

Pay  and  allowances  during,  720. 
CAPTURED  COLORS: 

Collection  of,  149. 
CAPTURED   PROPERTY: 

during  insurrections.    See  Insurrection. 
CARRIAGES: 

Purchase  for  executive  departments,  82. 
CARRIERS: 

Collection  from,  for  damages,  845. 
CARTRIDGE   BAGS: 

Material  for,  free  of  duty,  828. 
CASEMATE   ELECTRICIANS: 

See  also  Eleclrkians. 

Increase  of  number  prohibited,  700. 

Pay  for  qualifying,  699. 


CATTLE: 

Driving  of,  on  Government  lands,  1314. 

Driving  of,  on  Indian  country,  1402. 
CAVALRY: 

Bands,  organization,  1076. 

Chaplains,  number  and  pay,  902. 

Colored  troops,  1072. 

Corporals,  increase  of,  1075. 

Depot  for  recruits,  1186. 

Horses,  purchase  of,  539,  540. 

Increase  of  enlisted  men,  1075. 

Medical  personnel  of  volunteer,  1385. 

Military  Academy  datachment,  1170. 

Privates,  increase  of,  1075. 

Promotions  due  to  reorganization  act,  1101-1103. 

Regiments,  drilled  as  infantry,  1073. 

Regiments,  organization,  1071. 

Remount  detachments,  1080. 

Staff  officers,  regimental,  1077. 

Troops,  organization,  1074, 1075. 

Vacancies  due  to  reorganization  act,  1101-1103. 

Veterinarians,  pay  and  retirement,  1078, 1079. 
CEMETERIES,  NATIONAL: 

Burial  in,  those  entitled,  1308, 1309. 

Burial  of  Army  nurses  in,  1309. 

Care  and  maintenance,  1302. 

Graves,  how  marked,  1305. 

Headstones,  1305. 

Jurisdiction  of  United  States,  1310. 

Register  of  burials  to  be  kept,  1305. 

Superintendents,  pay  and  quarters,  1304. 

Superintendents,  qualifications,  1303 
CEMETERIES,  PRIVATE: 

Headstones,  erection  in,  1306,  1307. 

Union  soldiers  interred  in,  1306. 
CERTIFICATES: 

Of  DISCHARGE— 

See  also  Discharge. 

of  Enlisted  men,  in  true  name,  1048. 

Replacing  lost  or  destroyed,  1047. 

Return,  after  settling  accounts,  214. 
of  ELIGIBILITY— 

Rights  and  liabilities  ol  holders,  923,  £24. 
FALSE— 

Penalty,  429. 
of  MERIT— 

Enlisted  men  may  receive,  1018. 

Pay  of  enlisted  men  granted,  719. 

to  Volunteer  forces,  1385. 
to  Revised  Statutes,  312. 
of  Service,  458. 
CERTIFICATION: 

of  Records,  246. 

CHALLENGES.    See  Articles  of  Wa~. 
CHANGE  OF  STATION: 
Excess  over  transportation  allowance,  526. 
While  on  leave,  mileage  to  new  station,  679. 
CHAPLAINS: 

Address  as,  uniform,  all  grades,  910. 
Appointment,  age  limit,  907. 
Appointment,  examination,  906. 
Apportionment  to  organizations,  902-904. 
Assignment,  911-913. 
Command,  right  to,  908. 
Designation,  uniform,  all  grades,  £10. 
Duties,  914-916. 
Examination  for  appointment,  906, 


708 


INDEX. 


CHAPLAINS— Continued. 
Facilities  afforded  by  commanders,  917. 
Field  service,  transportation,  913. 
Instruction  of  enlisted  men,  915. 
Major,  grade  of,  limited,  909. 
at  Military  Academy,  1133. 
Pay  and  allowances,  635,  909. 
Pay,  increased  every  5  years,  652. 
Pensionable  status,  908. 
Post,  office  of,  abolished,  912. 
Post,  qualifications  for,  905. 
Promotions,  909. 
Rank,  908,  909. 

Regimental,  qualifications  for,  905. 
Reports  to  be  submitted  monthly,  916. 
Retirement,  908. 
Transfers,  911,  913. 
of  Volunteer  forces,  1387. 
CHARGES: 

Dismissal  of  employees  upon,  42. 
CHARTER: 

Surety  companies  to  deposit,  391. 
CHARWOMEN: 

in  Office  of  Chief  of  Staff,  362,  362a. 
CHECKS: 

Deposited  in  Treasury,  payment,  242,  243. 
Lost,  issuance  of  duplicates,  245. 
Outstanding,  disposition,  241. 
Pay  accounts,  order  of  indorsee,  648. 
Payment  of  enlisted  men  by,  627. 
CHIEF  OF  ARTILLERY.    See  also  Artillery. 
Appointment,  vacancy  caused,  370. 
Duties,  370. 

General  Staff  Corps,  member,  370. 
Retirement,  370. 
CHIEF  OF  BUREAU  OF  INSULAR  AFFAIRS. 

See  Insular  Affairs,  Bureau  of. 
CHIEF  CLERKS: 
of  Executive  departments.    See  Executive  depart 

ments. 

of  War  Department.    See  War  Department. 
CHIEF  OF  COAST  ARTILLERY.    See  Artillery. 
CHIEF  OF  DIVISION  OF  MILITIA  AFFAIRS: 

Additional  member  of  General  Staff  Corps,  371. 
CHIEF    OF   ENGINEERS.    See  also    Engineer 

Corps. 

to  Determine  character  of  equipment,  etc.,  798. 
may  Employ  retired  officers,  799. 
Granted  use  of  Library  of  Congress,  800. 
CHIEF  LOADERS: 
Additional  pay  for  qualifying  as,  699. 
Authorized  number  not  to  be  increased,  700. 
CHIEF  MECHANICS: 

Pay,  697. 
CHIEF   OF   ORDNANCE.    See   also   Ordnance 

Departmen . 

Duties  enumerated,  823-825. 
may  Employ  draftsmen,  818. 
may  Establish  Ordnance  depots,  825. 
to  Regulate  safe-keeping  of  ordnance,  835. 
Semiannual  report  of,  833 
CHIEF  PLANTERS: 
Additional  pay  for  qualifying,  699. 
Authorized  number  not  to  be  increased,  700. 
CHIEF  OF  QUARTERMASTER  CORPS.     Se 

also  Quartermaster  Corps. 
Appointment,  time  of,  504. 
Qualifications  and  rank,  501. 


5HIEF    SIGNAL   OFFICER.    See   also   Signal 

Corps. 

to  Certify  charges  for  loss  of  property,  1256. 
Duties  in  general,  893. 

to  Formulate  regulations  for  Signal  Corps,  894. 
to  Supervise  military  telegraph  lines,  896. 
}HIEF  OF  STAFF.    See  also  General  Staff  Corps; 

see  also  Staff  Departments. 
Aids-de-camp,  369. 

Clerks,  assignment  restricted,  363,  372,  362b. 
Clerks,  classification  and  pay,  362,  362a,  362b. 
Clerks,  foreign  service,  additional  pay,  362,  362a, 

362b. 

Duties  enumerated,  369. 
to  Supervise  Quartermaster  Corps,  503. 
CHIEF  OF  STAFF  DEPARTMENT.     See  Staff 

Departments. 
CHIEF  OF  TELEGRAPH: 

at  Executive  Office,  881. 
CHIEFS  OF  BUREAUS: 
of  Executive  departments     See  Executive  Depart- 
ments. 

of  War  Department.    See  War  Department. 
CHILDREN: 

Pensions,  relation  to.    See  Pensions. 
CHINESE  RELIEF  EXPEDITION: 

Badges  of,  who  may  wear,  1024. 
CITIZENS     See  also  Naturalization. 
Civil  rights  of.    See  Civil  rights. 
Equal  rights  under  the  law,  1442,  1443. 
Right  to  bear  arms  not  to  be  infringed,  1319. 
Subject  to  military  duty,  age  limit,  327. 
Unneutral  acts  by  foreign,  1474. 
Unneutral  acts,  penalties,  1467-1469. 
CITIZENSHIP.    See   also    Civil   rights;  see   also 

Naturalization. 

Forfeiture  by  desertion,  1050-1052. 
of  Recruits,  in  time  of  peace,  1029. 
CIVIL  ACTIONS.    See  Civil  rights. 
CIVIL  EMPLOYEES.    See  Civilian  employees. 
CIVIL  LIFE: 

Officers  appointed  from.    See  Officer*,  Army. 
CIVIL  OFFICE: 

Officers  accepting.    See  Officers,  A  rmy. 
CIVIL  PENSION  ROLL: 

Establishment  of,  forbidden,  38. 
CIVIL  RIGHTS: 
CITIZENSHIP.    See  Citizenship. 
COMMISSIONERS  TO  ENFORCE— 
Appointment  and  duties,  1447,  1448. 
to  Appoint  persons  to  execute  warrants,  1449. 
Fees,  1451. 

CONSPIRACY  AGAINST— 
Civil  action  against  conspirator,  1445. 
Neglect  to  prevent,  actionable,  1446. 
EMPLOYMENT  OF  MILITARY  FORCE— 
In  Execution  of  judicial  process,  1454. 
by  Persons  appointed  to  serve  warrants,  1449. 
ENFORCEMENT— 
by  District  attorney,  1447. 
Fees  of  district  attorney,  1451. 
Fees  of  persons  appointed  to  execute  process, 

1451,  1452. 

Marshals  to  execute  warrants,  1450. 
EQUAL  RIGHTS— 
All  persons  to  have,  1442, 1443. 
Conspiracy  to  deprive  person  of,  1445, 1446. 


INDEX. 


709 


CIVIL  RIGHTS-Continued. 

CFFENSES— 

Process,  execution  of,  1449, 1450,  1452, 1454. 

Prosecution  authorized,  1447. 

Prosecution  by  Federal  officer,  1447. 

Speedy  trials  directed,  1453. 
PEONAGE— 

Abolished  in  New  Mexico,  1455, 1456. 
SUITS  FOR  VIOLATIONS  OF  RIGHTS— 

Against  person  acting  under  color  of  law,  1444 
CIVIL  SERVICE.    See  also  Classified  civil  service; 

see  also  Executive  departments. 
Appointment  in,  after  examination,  166. 
Classifications  in,  scope  of,  166. 
Preference  to  persons  honorably  discharged  from 

military  or  naval  service,  164,  166. 
CIVIL  WAR: 
Badges.    See  Badges. 
Claims.    See  Claims. 

Deserters,  certain  exempted  from  forfeiture,  1051. 
Pensions.    See  Pensions. 
Retirement,  certain  officers  advanced  grade,  965", 

970. 
CIVIL  WORKS: 

Employment  of  officers  on,  996. 
CIVILIAN  EMPLOYEES: 
of  Arsenals.    See  Armories  and  Arsenals. 
Details  of,  certain  forbidden,  29,  30,  32. 
of  Executive  departments.    See  Executive  depart- 
ments. 

Pay  Clerks.    See  Pay  Department. 
of  Quartermaster  Corps.    See  Quartermaster  Corps. 
Restrictions  on  employment,  28. 
Sales  of  Ordnance  stores  to,  844. 
of  War  Department,  interment,  1063. 
CIVILIAN  PHYSICIANS: 

to  Examine  applicants  for  enlistment,  779. 
CLAIMS.    See  also   Accounting  officers;  see  also 

Attorney  General. 
ALLOWED  BY  TREASURY— 

Reported  annually  to  Congress,  216. 
ASSIGNMENTS  OR  TRANSFERS— 

Before  Allowance,  240. 

BEFORE  COURT  OF  CLAIMS.    See  Court  of  Claims. 
BEFORE  DEPARTMENTS — 

Fees  of  witnesses  who  make  depositions,  135. 

Witnesses  may  be  subpoenaed  by  heads,  134. 
FRAUD— 

Government  employees  interested,  430. 

Making  or  presenting  fraudulent,  223. 

Members  of  Congress  receiving  compensation, 
1246. 

Not  allowed  where  there  is  attempt  at,  287. 
JUDGMENT— 

Final,  to  bar  future  demand,  292. 

Payment  of,  full  discharge,  291. 
JURISDICTION  OVER.    See  also  Court  o    Claims. 

Civil  War  Claims,  277a. 

District  Courts  and  Court  of  Claims,  278. 

Scope,  277. 

SET-OFFS.    See  Court  of  Claims— Set-offs. 
SETTLEMENT— 

before  Allowance,  powers  of  attorney,  240. 

by  Compromise,  238. 

no  Deductions  for  attorney's  fees  in  case  of  offi- 
cers, soldiers,  219. 

no  Interest  before  judgment,  290. 


CLAIMS-Continued. 
SETTLEMENT— Continued. 
Stoppages  may  be  removed,  641. 
by  Treasury  Department,  215. 
against  United  States- 
Civil  War  claims,  jurisdiction,  277a. 
Damages  to  property  due  to  gunfire,  etc.,  162. 
Government  employees  interested,  430. 
during  Insurrection,  against  condemned  vessel, 

1441. 

Loyalty  restriction  repealed,  215a. 
Members  of  Congress  receiving  compensation, 

1246. 
Property  of  officers  and  soldiers   ost,  etc.,  217, 

217a. 

Prosecution  of,  by  ex-employees,  140. 
of  Spanish  War  volunteers,  218. 
WITNESSES— 
Failure  to  attend,  136. 
Fees,  135. 
Subpoenas  for,  134. 
CLASSIFIED  CIVIL  SERVICE.    See  also  Civil 

service. 

Assessment  for  political  contributions,  172-176. 
Efficiency  ratings,  establishment  of,  40. 
Information  may  be  furnished  Congress,  42. 
Promotions,  reductions,  etc.,  40. 
Regulations  for  admission,  prescribed  by  Presi- 
dent, 163. 

Removal  on  charges  in  writing,  42. 
Transfers,  requisites,  36. 
CLEARANCE: 

of  Vessels,  during  insurrection,  1439, 1440. 
of  Vessels,  enforcing  neutrality.    See  Neutrality 
CLEMENCY: 

to  Military  convicts,  488,  488a. 
CLERKS: 

in  a  particular  department  or  office,  see  the  depart- 
ment or  office. 

in  Army.    See  Chief  of  Staff. 
Civil  Service.    See  Civil  Service. 
Executive  departments.    See   Executive   depart- 
ments. 
CLOCKS,  RECORDING: 

Use  in  executive  departments  forbidden,  121. 
CLOSED  PORTS: 

during  Insurrection,  seizure  of  vessels,  303. 
CLOTHING  ACCOUNTS: 

of  Officers,  oath  in  settling,  153. 
CLOTHING,  ARMY.    See  also  Uniform,  Army. 
Allowance  for  ordnance  sergeants,  575. 
Balances  due  soldier,  how  accumulated,  574,  575. 
Balances  due  soldier,  how  paid,  575,  576. 
Cash  to  retired  soldiers  in  lieu  of,  714,  715. 
Contracts  for,  before  appropriation,  1190. 
to  Discharged  military  convicts,  494. 
Diseases,  destroyed  to  prevent  spread  of,  778. 
Gratuitous  issue  to  replace  destroyed,  572. 
of  Militia.    See  Militia. 
Overdrawn  by  soldier,  574. 
Purchase  from  soldiers  prohibited,  220. 
Quantity  and  kind  prescribed  by  President,  571. 
Repairing  and  altering,  limit  of  cost,  577,  578. 
Returns,  quarterly,  by  officers,  573. 
Sale  prohibited,  1262. 
COAST  ARTILLERY.    See  Artillery. 
COAST  ARTILLERY  SCHOOL: 
Items  of  appropriations,  1185. 


710 


INDEX. 


COAST  DEFENSES: 

Sites  for,  procured  by  condemnation,  802. 

Volunteer  forces  for,  organization,  1385. 
COFFEE: 

Fund  for  Militia.    See  Militia. 

and  Sugar,  Ration  of.    See  Rations,  Army. 
COLLECTORS  OF  CUSTOMS.    See  also    Cus- 
toms. 

Duties  of,  during  insurrections,  1434. 

Duties  of,  as  fiscal  agents,  185. 

Employment  of  military  force  by,  1435 

may  Withhold  clearance  to  vessels,  1469a. 
COLLEGES.    See  also  Schools. 

Bond  covering  ordnance  issued,  951-955. 

Details  of  officers  to.    See  Details. 

Issue  of  ordnance  to,  942,  951-955. 

Permits  for  examination  of  ruins,  1286, 1287. 

Sales  of  Army  supplies  to,  951a,  951b. 
COLONEL,  ARMY: 

See  also  Officers,  Army. 

Fuel  and  forage  allowed,  554. 

Maximum  pay,  including  longevity,  654. 

Pay,  635. 

Relative  rank,  with  officers  of  Navy,  352. 
COLORED  TROOPS: 

Cavalry,  two  regiments  authorized,  1072. 

Infantry,  two  regiments  authorized,  1096. 

Instruction  of,  by  chaplains,  915. 
COLORS: 

and  Flags  captured  to  be  collected,  149. 
COMMAND: 

by  Brevet  rank.    See  Brevet  rank. 

of  Brigadier  general,  356. 

Claims  of  officers  holding  higher,  641. 

of  Major  general,  356. 

of  Medical  officers,  355. 

in  Military  Academy.    See  Military  Academy. 

by  Pay  Department  officers,  624. 

Pay  for  exercising  higher.    See  Pay  of  officers. 

by  Retired  officers,  prohibited,  961. 

Retired  officers  withdrawn  from,  986. 
COMMANDANT: 

of  Cadets.    See  Military  Academy. 

of  Military  Prison.    See  Military  Prison. 
COMMANDER- 

of  Army  Corps,  staff,  358. 

of  Division  or  brigade,  staff,  359. 

Navy,  relative  rank  in  Army,  352. 
COMMANDER  IN  CHIEF  OF  ARMY,  2. 
COMMANDING  GENERAL  OF  ARMY: 

May  perform  duties  of  Secretary  of  War,  143. 
COMMANDING  OFFICERS.    See  also  Officers. 

Approval  of  sentences  of,  p.  614. 

to  Report  damage  to  ordnance,  836. 
COMMERCIAL  BUSINESS: 

over  Telegraph  lines.    See  Telegraph  lines. 
COMMERCIAL  INTERCOURSE: 

during  Insurrection,  1421-1426. 
COMMISSARIES.    See  also  Subsistence  Depart- 
ment. 

Additional  pay  for  acting,  revoked,  646. 

Duties  of  regimental,  battalion,  etc.,  498,  499. 

Jurisdiction  over  claims  for  relief  by,  277 

Losses  by,  without  fault,  280. 

to  Perform  Quartermaster  Corps  duties,  938. 
COMMISSARY    GENERAL.     See   also   Subsist- 
ence Department. 

President  may  regulate  and  increase  bond,  185. 


COMMISSARY  SER  GE ANTS.     See  also  Q uarter- 
master  sergeants. 

Authorization  and  duties,  584, 585. 

Designation  changed,  496. 

Duties,  584. 

Number  increased,  585. 

Pay,  584,  695. 

Subject  to  Articles  of  War,  584. 
COMMISSARY  STORES: 

Sales  of,  disposition  of  proceeds,  405. 
COMMISSIONED     OFFICERS.      See     Officers, 

Army. 
COMMISSIONERS: 

to  Protect  civil  rights,  1447, 1448,  1451. 

to  Revise,  simplify,  etc.,  statutes  of  United  States, 

307. 
COMMISSIONS: 

of  Army  officers.    See  Officers,  A  rmy. 

Expenses  of,  not  paid  unless  authorized,  408. 

Payment  of  expenses  of,  190. 

of  Retired  officers,  advanced  in  rank,  971. 
COMMODORES: 

of  Navy,  relative  rank  with  Army,  352. 
COMMON  CARRIERS: 

Obstructing  mails  or  equipment  of,  1465. 
COMMUTATION: 

of  Clothing.    See  Clothing,  Army. 

of  Forage.    See  Forage. 

of  Fuel.    See  fuel. 

to  Militia  officers  at  military  schools,  1334. 

of  Officer  member,  road  commissioners,  669. 

of  Quarters.    See  Quarters,  Army. 

of  Rations.    See  Rations,  A  rmy. 

of  Subsistence  stores.    See  Subsistence,  Army. 
COMPANY: 

of  Cavalry.    See  Cavalry. 

Commander,  settlement  of  accounts,  1260. 

of  Infantry.    See  Infantry. 

of  Instruction,  in  Hospital  Corps,  768. 

at  Military  Academy.    See  Military  Academy. 
COMPENSATION.    See  also  Pay  of  Army. 

of  Enlisted  men.    See  Pay  of  enlisted  men. 

for  Injury.    See  Injury. 

of  Officers.    See  Pay  of  officers. 
COMPROMISE: 

of  Claims,  by  Secretary  of  the  Treasury,  238. 
COMPTROLLER  OF  THE  TREASURY.    See 
also  Accounting  of  public  money. 

Advance  decisions,  may  be  called  upon  for,  202. 

Auditors'  decisions  to  be  revised  by,  209. 

may  Direct  auditing  of  particular  account,  201. 

to  Institute  suit  to  recover  balance  due,  203. 

to  Prescribe  forms  for  keeping  accounts,  200. 

may  Revise  balances  certified  by  auditors,  207. 

Warrants  to  be  countersigned  by,  237. 
CONDEMNATION: 

of  Sites  for  fortifications  and  coast  defenses,  802. 

of  Sites  for  public  buildings,  etc.,  1276, 1277. 
CONDEMNATION  PROCEEDINGS: 

Prizes  employed  in  aid  of  insurgents,  1428. 

Captured  property,  how  instituted,  1430. 
CONDEMNED  VESSELS.  See  Vessels. 
CONFIRMATION: 

Salary  not  paid" recess  appointees  until,  168. 

by  Senate,  list  furnished  accounting  officers,  11. 
CONFISCATION 

of  Property,  during  insurrection.    See  Insurrec 
tion. 


INDEX. 


711 


CONGRESS: 
POWERS— 

Exclusive  legislative  authority  over  the  District 
of  Columbia  and  military  reservations,  1280. 
Militia,  may  call  forth,  1415. 
over  Public  property  and  territory,  1255. 
over  Sale  of  transports.    See  Transports,  A  rmy. 
PROHIBITED  ACTS  BY  MEMBERS— 
Compensated  in  connection  with  claim,  1246. 
Contracting  with  officers,  1248. 
Interest  in  United  States  contracts,  1245-1247, 

1249. 
THANKS— 

Tendered  certain  officers,  927a. 
CONSPIRACY: 

against  Civil  rights.    See  Civil  Rights. 
CONSTITUTIONAL  PROVISIONS: 
Art.  I,  sec.  8, 1280. 
Art.  I,  sec.  8,  paragraph  15, 1415. 
Art.  I,  sec.  9,  paragraph  2,  276. 
Art.  I,  sec.  9,  clause  7, 186.  ^. 

Art.  IV,  sec.  3,  1255. 
Art.  IV,  sec.  4, 1414. 
Second  amendment,  1319. 
CONSTRUCTING  QUARTERMASTER: 

at  Military  Academy,  pay,  1137. 
CONSULAR  OFFICE: 

Acceptance  of,  by  officers,  effect,  997. 
CONTAGIOUS  DISEASES: 
Clothing  destroyed  because  of,  replacing,  572. 
Leave  with  pay  may  be  granted  because  of,  50. 
Measures  for  dealing  with,  at  military  posts,  778. 
CONTINGENT     FUNDS.    See  also  Appropria- 
tions. 

Allotments  of,  188. 

Annual  reports  of  expenditures  from,  79, 80. 
Apportioned  by  monthly  or  other  allotments,  188. 
Apportioned  to  bureaus  or  offices,  75. 
Expenditure  for  commissions,  etc.,  connected 

with  foreign  intercourse  not  restricted,  190. 
of  Military  Academy,  for  rent  of  hotel,  1178. 
Payment  for  telephones  in  private  residences,  83. 
Payment  of  clerks  from,  prohibited,  28,  32,  74. 
Payment  of  membership,  etc.,  dues  from,  81. 
Purchases  from,  limitation  on,  73,  75. 
Purchases  of  law  books  from,  78. 
Purchases  of  newspapers  from,  76,  77. 
Purchases  of  vehicles,  restrictions,  82. 
Subscriptions  to  newspapers,  limitation,  76,  77. 
CONTINUOUS    SERVICE    PAY.    See    Pay   of 

trilisted  men. 
CONTRACT   DENTAL  SURGEONS.    See  also 

Dental  surgeons. 

Assignment  of  pay  accounts,  740. 
Authorized,  qualifications,  etc.,  753,  754. 
Eligible  for  appointment  as  dental  surgeons,  752. 
Longevity  pay,  time  served  as,  counted,  751. 
Sea  travel,  actual  expenses  only,  682. 
CONTRACTOR: 

Supplies  to  be  marked  with  name  of,  1241. 
CONTRACT  SURGEONS: 
Appointment  of,  in  emergencies,  738. 
Assignment  of  pay  accounts,  740. 
Attendance  free  of  charge  on  families  of  officers 

and  soldiers,  742. 

in  Charge  of  hospitals,  extent  of  authority,  739. 
Eligible  for  appointment  in  Medical  Corps,  733. 


CONTRACT  SURGEONS— Continued. 
Eligible  for  Medical  Reserve  Corps,  745. 
Sea  travel,  actual  expenses  only,  682. 
Travel  in  Alaska,  actual  expenses  only,  681. 
CONTRACTS: 
For  supplies  or  services  of  a  particular  kind  or  for  a 

particular  branch  of  the  Government  service,  see 

the  specific  title. 
ADVERTISEMENTS— 

District  of  Columbia  newspapers,  rates,  etc., 
1203, 1204. 

Rate  fixed  at  commercial  rate,  1202. 
APPROPRIATIONS— 

Annual,  for  contracts  made  within  year,  193. 

Contracts  in  excess  of  not  to  be  made,  1191-1193. 
ASSIGNMENT.    See  this  title,   Transfer. 
AUTHORIZATION— 

Necessary  to  making,  exception,  1190. 
BIDS— 

Accompanied  by  guaranty  and  bond,  1207. 

Opening,  bidders  to  be  notified,  1208. 

Opening,  Secretary  of  War  to  make  regula- 
tions, 1206. 

Preference  to  American  material,  1234. 
BOND — 

to  Support  guaranty  to  bid,  1207. 
Copy- 
Affidavit  to  accompany,  1212-1214. 

Filed  in  Returns  Office,  1211. 
FORM— 

to  Stipulate  no  Member  of  Congress  has  interest, 
1215. 

Writing  required;  signed  by  parties,  1211. 
WITH  MEMBERS  OF  CONGRESS— 

Public  officer  making,  penalty,  1248. 

Prohibited,  penalty,  1245-1249. 
OFFENSES— 

Acceptance  of  bribe  by  witness,  1253. 

Bribery  in  connection  with,  penalty,  1251. 

Corporation  agent  acting  as  U.  S.  agent,  1250. 

Members  of  Congress,  procuring,  etc.,  1245-1247 
OPEN  MARKET  CONTRACTS— 

Allowed  if  public  exigency  demands,  1196. 
PAYMENTS— 

Not  to  exceed  amount  due  at  time,  407. 
FOR  PERSONAL  SERVICES — 

Prohibited  if  in  excess  of  law,  exception,  1195. 
PROVISIONS— 

Eight  hours  to  constitute  day's  work,  1218-1232, 

Exempting  U.  S.  from  liability  for  injuries. 

void,  72. 
FOR  PUBLIC  WORKS— 

Preference  to  be  given  American  material,  1234. 
RETURNS— 

Affidavit  of  officer  to  accompany,  1212. 

Filing  in  Returns  Office,  1211. 

Forms  to  be  furnished  for,  1214. 

Omission  of  by  officer,  penalty,  1213. 

Regulations  for  making,  1214. 
TRANSFER— 

Prohibited,  effect  of  transfer,  1233. 
CONTRIBUTIONS: 

Employees  not  to  solicit  political,  172-176. 
CONVERSION: 

of  Public  moneys.    See  Public  moneys. 
CONVICTS,  MILITARY.    See  Disciplinary  bar. 
racks;  Military  prison. 


712 


INDEX. 


COOKING: 

Line  officers  to  superintend,  610. 
Medical  officers  to  superintend,  743. 
COOKS: 
Pay,  695. 

of  Quartermaster  Corps,  numt  er  and  pay,  506a. 
COPYISTS: 
Authority  to  employ,  25. 
Restrictions  on  employment,  28. 
CORPORALS: 
Pay,  697. 

of  Quartermaster  Corps,  number,  506a. 
CORPORATIONS: 

Agents  of,  acting  as  agents  of  United  States,  1250. 
Members  of  Congress  interested  in,  1249. 
CORPS: 

Army,  composition,  357. 
Army,  when  authorized,  357. 
of  Cadets.    See  Military  Academy. 
Commander.    See  Corps  Commander. 
of  Engineers.    See  Engineers,  Corps  of. 
CORPS  COMMANDER: 
Ordnance  officers  assigned  to  staff,  pay,  816. 
Staff  officers  for,  source,  360. 
Staff  of,  358. 
COSTS: 

Court  of  Claims  may  allow,  298. 
COUNCILS: 

Payment  of  expenses,  restriction,  408. 
COUNSEL: 

Employment  of,  prohibited,  138. 
Ex-employees  as,  prohibited,  140. 
for  United  States.    See  Attorney  General 
COUNTERCLAIMS.    See  Court  of  Claims. 
COUNTERFEIT  MONEY: 

Disbursing  officers  to  stamp  or  mark,  414. 
COUNTERFEITING: 

Bonds,  bids,  public  records,  etc.,  penalty,  131. 
COURT  OF  CLAIMS.    See  also  daims. 
APPEALS— 

in  Actions  instituted  by  debtors,  295. 
to  Supreme  Court,  right  to,  296. 
to  Supreme  Court,  time  limit,  297. 
ATTORNEYS— 

Furnished  by  Attorney  General,  293. 
for  United  States,  263. 
COSTS— 

May  be  allowed  in  certain  cases,  298. 
Printing  record,  losing  party  to  pay,  289. 
COUNTERCLAIM.    See,  this  title,  Set-offs. 
EVIDENCE— 

for  Claimant,  cost  of  taking,  286. 
Departments  may  be  called  upon  for,  284. 
Furnished  by  departments,  139. 
JUDGMENTS  AND  DECREES— 
Final,  bar  to  further  demand,  292. 
Interest  on  claims  from  date  of,  290. 
Payment,  full  discharge  of  claim,  291. 
JURISDICTION— 

over  Civil  War  claims  revoked,  277a. 
Concurrent  with  district  courts,  278. 
Disbursing  officers,  relief  from  losses,  280. 
under  Eight-hour  law,  1222. 
Limitation  of  actions,  282. 
Restrictions  on,  281. 
of  Set-offs  and  counterclaims,  277. 
Suits  on  patents  for  use  of  Un.ted  States,  299. 


COURT  OF  CLAIMS— Continued. 
NEW  TRIAL— 

Time  limit  within  which  must  be  granted,  288. 
PETITION— 

Form  as  to  allegations,  etc.,  283. 
Grounds  for  relief  must  be  shown,  285. 
PROCEDURE— 
where  Debtor  alleges  no  settlement  in  3  years, 

294. 

SET-OFFS— 
Jurisdiction  over,  277. 

by  United  States  to  be  considered.  239,  279. 
COURTS,  DISTRICT.    See  District  Courts. 
COURTS  OF  INQUIRY.    See  also  Articles  of  War. 
Eligibility  for  service  upon,  1385. 
Retired  officers  may  be  assigned  to  duty  on,  958. 
COURTS-MARTIAL.    See  also  Articles  of  War. 
COMPOSITION— 
in  General,  p.  614. 

Retired  officers  may  be  members,  958. 
for  Trial  of  militia  officers,  1343. 
Volunteer  and  militia  officers  eligible,  1385. 
FINES,  DISPOSITION  OF — 

Paid  into  Soldiers'  Home  fund,  1507,  l"07a. 
GENERAL  COURTS-MARTIAL— 
Accuser  not  eligible  as  member,  p.  615. 
Appointment,  p.  615. 
Composition,  p.  614. 

Dismissal  of  officers  by,  in  time  of  peace,  992. 
Enlisted  men  as  stenographers  for,  1069. 
Jurisdiction,  p.  615. 

Reappointment  of  officers  dismissed  by,  991 
Trial  of  officers  before,  p.  615. 
Witness  not  eligible  as  member,  p  615. 
at  MILITARY  ACADEMY— 

Superintendent  may  convene,  etc.,  1163 
PUNISHMENT — 

Confinement  in  disciplinary  barracks,  475c. 
of  Death  to  spies  in  time  of  war,  p.  614. 
Penitentiary  sentences  authorized,  475c. 
in  Time  of  peace,  discretion  of  court  limited, 

p.  614. 
REGIMENTAL— 

Jurisdiction  restricted,  924. 
SENTENCES— 

of  Death  to  spies  in  time  of  war,  p  614. 
Detained  pay,  repayment,  727. 
o.  Dishonorable  discharge  may  be  suspended 

1049. 

Effect  on  promotion  of  enlisted  men,  924. 
SPECIAL  COURTS-MARTIAL— 
Accuser  not  eligible  as  member,  p.  615. 
Appointment,  p.  615. 
Composition,  p.  614. 
Jurisdiction,  p.  615. 
Limit  of  punishment  by,  p.  615. 
Witness  not  eligible  as  member,  p.  615. 
SUMMARY  COURTS— 
Appointment,  p.  615. 
Approval  of  sentences  of,  p.  614,  616. 
Composition,  p.  615. 

Execution  of  sentences  after  approval,  p.  616. 
Jurisdiction,  p.  616. 
Limit  of  punishment  by,  p.  616. 
Report  of  number  of  cases  tried  by,  p.  614. 
Trial  of  noncommissioned  officer  by,  p.  616. 
Where  only  one  officer  with  command,  p.  615. 


INDEX. 


713 


COURTS-MARTIAL— Continued. 

TRIAL  BY,  RIGHT  TO — 
Cadets  charged  with  hazing,  1164. 
Officer  dismissed  by  President,  994. 
CUBA: 

Banks  in,  as  depositories  of  public  funds,  182. 

Enlisted  service  in,  counted  double,  1040, 1041. 

Military  details  under  Government  of,  939. 
CULLUM  MEMORIAL  HALL: 

Method  of  selecting  worthy  subjects  for,  1180. 
CUMULATIVE  LEAVE: 

Nurse  Corps  serving  outside  United  States,  771, 
772. 

of  Officers,  662,  664. 
CUSTODIAN: 

Distribution,  etc.,  of  records  By,  penalty,  148. 

Records  of  War  Department,  Secretary  to  bo,  148. 
CUSTOMS: 

Collectors.    See  Collectors  of  Customs. 

Duties,  employment  of  vessels  collecting,  1434. 

House,  removal,  during  insurrection,  1434.  fc 

Officers,  appointment  and  compensation,  1424. 
DAMAGES: 

to  Arms,  report  of,  836. 

DAUGHTERS     OF     AMERICAN      REVOLU- 
TION: 

Unlawful  wearing  of  badge,  penalty,  1025. 
DEATH: 

of  Ex-official,  department  not  be  closed,  123. 

Sentence  of,  to  spies  in  time  of  war,  p.  614. 
DEBTORS: 

Deceased,  priority  of  United  States,  221. 

Insolvent,  priority  of  United  States,  221. 

Priority  of  United  States,  failure  to  recognize,  222. 

no  Settlement  in  three  years,  procedure,  294,  295. 
DEBTS.    See  also  Claims. 

Arrest  for,  enlisted  men  exempt,  1067. 

Auditors  to  superintend  recovery,  206. 

Distress  warrants,  execution,  226-228. 

Due  United  States,  by  employee,  withholding 
pay,  693,  694. 

Method  of  enforcing  set-off,  239. 

Priority  of  United  States,  221,  222. 

Sale  of  lands  under  distress  warrants,  229. 
DECEASED  EMPLOYEES: 

Transportation  of  remains,  84. 
DECEASED  OFFICERS.    See  Officers,  Army. 
DECEDENT  ESTATES: 

of  Army  officers.     See  Officers,  Army. 

of  Enlisted  men.    See  Enlisted  Men. 
DECORATION  DAY: 

Per  diem  employees  to  receive  pay  for,  55. 
DECORATIONS.  See  Foreign  Decorations. 
DECREES: 

of  a  particular  court,  see  the  specific  title. 
DEDUCTIONS: 

from  Pay,  enlisted  men.    See  Pay  of  Enlisted  Men. 
DEFICENCIES: 

Method  of  transmitting  estimates  of,  92. 
DEMOTIONS: 

in  Classified  service.    See  Classified  Civil  Service. 
DENTAL  CORPS: 

Appointments,  qualifications,  etc.,  751. 

Contract  dental  surgeons.    See   Contract  Dental 
Surgeons. 

Dental  Surgeons.    See  Dental  Surgeons. 

Composition,  etc.,  750. 


DENTAL  SURGEONS: 

Appointment  of  contract,  without  examination, 
752. 

Commutation  of  rations  to  acting,  668a,  668b. 

Comprise  part  of  Medical  Department,  728. 

Contract.    See  Contract  Dental  Surgeons. 

Detail  of  one,  to  Military  Academy,  755. 

Increased  to  thirty-one,  755. 

Longevity  pay,  time  served  as  contract,  counted 
751. 

Pay  and  allowances,  750. 

Retirement,  750. 

Travel  in  Alaska,  actual  expenses  only,  681. 
DEPARTMENT: 

of  Justice.    See  Justice,  Department  of. 

of  the  Treasury.    See  Treasury  Department. 

of  War.    See  War  Department. 
DEPENDENT  PARENT: 

Discharge  on  account  of,  1044. 
DEPENDENT  RELATIVES: 

Pensions  to.    See  Pensions. 
DEPOSITARIES    OF    GOVERNMENT    PUB- 

LICATIONS,  1173,  125a. 

DEPOSITARIES  OF  PUBLIC  MONEY.      See 
also  Public  moneys. 

Annual  report  of  unchanged  balances,  183. 

Banks  in  Philippine  Islands,  Cuba,  and  Porto 
Rico  may  be,  182. 

Certain  mints  and  assay  offices  to  be,  181. 

National  banking  associations  designated,  182. 

Where  there  is  no  treasurer,  184. 
DEPOSITIONS.    See  also  Articles  of  War. 

Subpoenas  for  witnesses  for  taking,  134. 

by  Witnesses  as  to  claims,  135. 
DEPOSITS: 

by  Disbursing  officers.    See  Disbursing  officers. 

by  Enlisted  men.    See  Enlisted  men. 

of  Public  moneys.    See  Public  moneys. 
DEPUTY     PAYMASTERS     GENERAL.      See 
also  Paymaster  General. 

Duties,  620. 
DESERTION.    See  also  Article-  of  War. 

Aiding  or  enticing  soldiers  into,  penalty,  1055. 

Applications  for  removal  of  charge,  453,  454. 

Arrest  of  deserters  by  civil  officers,  p.  614. 

Arrest  of  deserters,  who  may  make,  1056-1058. 

Citizenship  not  forfeited  by,  during  peace,  1052. 

Citizenship  rights  forfeited  by,  1050. 

Citizenship  rights  may  be  remitted,  1052. 

during  Civil  War,  certain  exempted,  443, 1051. 

Deserters  not  entitled  to  bounty  land,  1053. 

Deserters  not  to  be  reenlisted,  1027. 

Deserters  who  reenlisted  in  Navy  or  Marines,  445. 

Excluded  from  Soldiers'  Home,  1516. 

Harboring,  etc.,  deserters,  penalty,  1055. 

during  Mexican  War,  removal  of  charge,  449,  450. 

Pay  and  bounty  due,  on  removal  ol  charge,  447. 

Pension  rights  forfeited  by,  1054. 

Removal  of  charge,  effect  on  pay,  etc.,  451. 

Removal  of  charge  from  rolls,  443. 

Removal  of  charge,  pay  for  period  absent,  448,  452. 

Removal  pf  charge,  restrictions  upon,  450. 

Restored  deserters  from  Civil  War,  pension,  446. 

Reward  for  apprehension  of  deserters,  1056-1058. 

Secretary  of  War  may  remove  charge  of,  444. 
DETACHED  SERVICE.    See  also  Details. 

Limitations  on,  penalty  for  violation,  384,  937, 
938*. 

Staff  duty,  certain,  deemed  with  troops,  938. 


714 


INDEX. 


DETACHMENTS: 

of  Enlisted  men  at  remount  depot,  541, 1070. 
of  Enlisted  men  at  service  schoo  s,  11^3. 
in  Hospita  Corps,  organizat-on,  76  . 
of  Marines  serving  with  Army,  rations,  590. 
at  Military  Academy.    See  Military  Academy. 
of  Navy,  on  shore  duty,  equipage,  etc  ,  i>17,  59  . 
Remount.    See  Remount  detachments. 
at  Service  schools,  organization,  1183. 
DETAILS.    See  also  Detached  service. 
CLERKS— 

from  Bureaus  to  General  Staff  forbidden,  363. 

to  Commissions,  boards,  etc.,  408. 

of  Departments  to  duty  in  office  of  President,  12. 

of  Executive  departments,  restrictions,  34. 

from  Field  service  to  departments,  29,  80,  32. 

from  General  Staff  to  bureaus  forbidden,  31, 363, 
362b. 

from  Government  Printing  Office,  restriction, 
33. 

Statement  of,  in  Book  of  Estimates,  102. 
EMPLOYEES.    See  also,  this  title,  Clerks. 

from  Field  service  to  departments,  29,  30. 

as  Telegraph  operators,  on  Capitol  lines,  127. 
ENLISTED  MEN.    See  also  Detachments. 

to  Extra  duty,  for  10  days  or  more,  565. 

to  Extra  duty,  while  in  field,  566. 

of  Hospital  Corps  as  acting  stewards,  767. 

of  Ordnance  Department  as  artificers,  822. 

to  Quartermaster  Corps,  to  be  replaced,  505. 

Retired  on  recruiting  service,  1392. 

as  Stenographers  of  courts-martials,  1069. 
NON-COMMISSIONED  OFFICERS— 

Retired  to  colleges,  etc.,  946. 

Retired  on  recruiting  duty,  1392. 
OFFICERS— 

as  Acting  judge  advocates,  384,  469. 

on  Aviation  duty,  384,  889. 

to  Aviation  section,  889c-889e,  889k. 

of  Cavalry,  on  regimental  staffs,  1077. 

to  Colleges,  etc.,  as  instructors,  U3,  944. 

to  Cuba,  939. 

to  Division  of  Militia  Affairs,  as  chief,  371. 

Eligibility,  prior  service  ji  staff,  379. 

Eligible  for,  restrictions  on,  384,  937-938*. 

of  Field  Artillery  on  regimental  staffs,  1090. 

Field,  restrictions,  limited,  938J. 

to  Foreign  countries,  Cuba  and  Panama,  939. 

on  General  Staff  Corps,  365,  366. 

as  Indian  agents,  940, 1396-1398. 

of  Infantry,  on  regimental  staffs,  1100. 

as  Instructors  in  military  tactics,  943,  944. 

to  Insular  Bureau,  as  additional  assistant,  159. 

to  Insular  Bureau,  as  assistant,  158,  937. 

to  Insular  Bureau,  as  chief,  restriction  on,  384. 

of  Line,  restrictions,  937. 

"Manchu  Law,"  937. 

to  Military  Academy,  1108, 1109. 

to  Military  Academy,  dental  surgeon,  755. 

with  Militia,  District   of  Columbia,  959,  1373, 
1374. 

with  Militia,  inspectors,  etc.,  1332, 1333. 

of  Navy,  to  inspect  army  transports,  306. 

in  Ordnance  Department,  384,  812-815,  813a. 

to  Panama,  939. 

in  Pay  Department,  617,  618. 

to  Philippine  constabulary,  as  chief,  etc.,  384, 
941. 


DETAILS— Continued. 
OFFICERS— Continued. 

to  Porto  Rico  regiment,  to  command,  384. 

in  Quartermaster  Corps,  495,  497,  508,  510,  511. 

to  Quartermaster  Corps,  as  chief,  501. 

Restrictions  on,  384,  937-938*. 

Retired,  as  adjutant  general,  D.  C.  Militia,  95). 

Retired,  to  colleges,  etc.,  945-950. 

Retired,  to  Organized  Militia,  957,  958. 

to  Signal  Corps,  887,  888. 

to  Signal  Corps,  Aviation  Section,  889c-889e. 

to  Staff  Departments.   See  Staff  departments. 

in  Subsistence  Department,  582,  583. 
DETAINED  PAY.    See  Pay  of  enlisted  men. 
DIPLOMATIC   OFFICE: 

Acceptance  of,  by  officers,  effect,  997. 
DISABILITY: 

of  Artisan  or  laborer.    See  Laborers. 
DISBURSEMENT   OF  PUBLIC  MONEY: 
For  a  particular  purpose  or  office,  see  specific  title. 
Accounting  officers.    See  Accounting  officers. 
Accounts.    See  Accounting  of  public  money. 
Additional  compensation  not  to  be  paid  for,  170. 
Appropriations.    See  Appropriations. 
Auditors.    See  Auditors. 
Disbursing  Officers.     See  Disbursing  officers. 
in  Excess  of  appropriations  prohibited,  189. 
Reports  of,  to  be  made  to  Congress,  413. 
Requiring  receipt  in  excess  amount,  418. 
Special  agents  for,  to  give  bond,  248. 
DISBURSING   OFFICERS: 
In  a  particular  office  or  service,  see  the  office  or  serv- 
ice; see  also  Disbursement  of  public  money. 
ACCOUNTS— 

Accessible  to  accounting  officers  of  Treasury, 
124. 

Accurate  entry  of  each  deposit,  etc.,  409. 

Administrative  examination,  198. 

Disbursements  to  be  by  distinctive  items,  410. 

Failure  to  render,  422. 

Inspections  by  Inspector  General,  461. 

Inspections  by  Secretary  of  War,  412,  413 

Monthly,  according  to  appropriations,  416. 

Monthly,  to  bureaus  to  which  they  pertain,  415. 

of  Premiums  on  sale  of  Treasury  notes,  etc.,  402. 

Report  of  unchanged  balances,  183. 

Return  of  checks  unpaid  for  three  years,  241. 

Unchanged  balances  covered  into  Treasury,  244. 
ADVANCES  OF  PUBLIC  MONEY— 

Excepted  from  prohibition  against,  407. 
Appointment,  salary,  and  duties,  23. 
BOND— 

of  Acting  disbursing  clerks,  24. 

Examination  as  to  sufficiency,  etc.,  394. 

Failure  to  examine,  effect,  396. 

Liability  of  principal  under,  when  ended,  396. 

Limitation  on  liability  of  sureties,  398. 

President  may  regulate  and  increase,  388. 

Renewal  every  four  years,  395. 

Required,  23. 

of  Special  agents  employed,  248. 

Sureties  to  be  notified  of  deficiencies,  397. 
COURT  OF  CLAIMS,  RELIEF  IN— 

Decree  by,  280. 

Jurisdiction  of  court,  277. 
DUPLICATE  CHECKS— 

Officer  drawing  original  dead,  245. 


INDEX. 


715 


DISBURSING  OFFICERS-Continued. 
DUTIES— 

Account  for  premiums  or  sale  of  notes,  etc.,  402. 
Allotments  to  be  paid  designated  allottees  by, 

712. 

Counterfeit  money  to  be  marked  by,  414. 
to  Deposit  excess  money  in  Treasury,  400. 
to  Deposit  money  entrusted  to  them,  399. 
Enumerated,  23. 

to  Keep  accurate  entry  of  each  deposit,  etc.,  409. 
OFFENSES— 

Accepting  receipt  for  funds  not  paid  out,  426. 
Certificate,  making  false,  429. 
Conversion  of  public  moneys,  419,  420. 
Deposits,  failure  to  make,  422. 
Embezzlement,  419,  420,  428. 
Embezzlement,  prima  facie  evidence  of,  424, 425. 
Exchange  of  funds  by,  penalty,  401. 
False  entry,  171. 

Receipt  in  excess  amount,  requiring,  418. 
Rendering  of  accounts,  failure  in,  422. 
STATUTES  CONSTRUED  FOR,  202. 
DISBURSING  OFFICERS,  ARMY: 

Accounts,  deposits,  etc.,  inspection  of,  461,  462. 
DISCHARGE: 
CLERKS— 

Restrictions  on,  40,  41. 
ENLISTED  MEN— 

Certificate  issued  under  true  name,  1048. 
Certificate  lost,  etc.,  replacing,  1047. 
Certificate  to  be  returned  after  settlement  of 

accounts,  214. 
Dishonorable,  execution  may  be  suspended, 

1049. 
Dishonorable,  pay  during  suspended  sentence, 

727a. 
Honorable,  on  account  of  dependent  parent, 

1044. 
Honorable,  on  removal  of  charge  of  desertion 

451. 

by  Purchase  in  time  of  peace,  1043. 
Receiving  dishonorable,  reenlistment,  1052. 
Receiving,  expenses  of  sea  travel,  1046. 
Receiving  honorable,  preference  to,  164,  165. 
Receiving  honorable,  transportation  allowed, 

683,  721. 
Receiving,  transportation  to  which  entitled 

1045. 

OFFICERS— 

Actual  expenses  only  for  sea  travel  on,  683. 
Certificate  of  lost,  etc.,  replacing,  1047. 
Evidence  of,  returned  after  settlement  of  ac- 
counts, 214. 

Honorable,  on  failure  on  reexamination,  930. 
Honorable,  travel  allowances,  684. 
of  Medical  Corps,  failure  in  examinations,  735 

736. 

Supernumerary,  after  five  years'  service,  998. 
DISCIPLINARY  BARRACKS.    See  also    Mili- 
tary prison. 
BRANCH  BARRACKS— 
Authorization,  476a. 
COMMANDANT— 
Authorized,  480a. 
Powers  and  duties,  481a. 
Record  of  good  conduct  kept  by,  481a. 
COMPANIES— 
Organization,  1104. 


DISCIPLINARY  BARRACKS— Continued 
CONTROL— 

Vested  in  The  Adjutant  General,  477a. 
CREATION,  475a,  475b. 
DETACHMENT— 
Composition,  704. 
Pay  of  enlisted  men,  704. 
DETENTION  IN — 

Sentences  of,  authorized,  475c. 
DISCIPLINARY  COMPANIES— 
Arming,  etc.,  authorized,  481b. 
Authorized,  481b. 
Noncommissioned  officers  detailed  from  line, 

480a. 

Organization,  481b. 

ENLISTED  MEN.    See  this  title,  Prison  guard. 
GOVERNMENT.    See  this  title,  Control. 
MILITARY  PRISON  CHANGED  TO,  475a,  475b. 
OFFICERS— 
Composition,  480a. 
DetaUed  by  Secretary  of  War,  480a. 
PRISONERS— 

Clemency  to,  authorized,  488a. 
Disciplinary  Companies.    See  this  title,  Dis- 
ciplinary companies. 

Employment  at  trades,  etc.,  authorized,  481a. 
Manufacture  of  military  supplies,  487. 
Parole  authorized,  488b. 
Record  of  good  conduct  kept,  481a. 
Remission  of  portion  of  sentence  authorized, 

488a. 

Restoration  to  duty  authorized,  488a,  488b. 
PRISON  GUARD.    See  also  this  title,  Detachment. 
Battalion  sergeant  major  authorized,  480a. 
Detail  of  enlisted  men  to,  480a. 
Enlisted  men  assigned  from  line,  480a. 
Enlisted  men,  organization  and  pay,  704. 
Organization,  1104,  480a. 
REGULATIONS  TO  BE  PRESCRIBED  BY  SECRETARY 

OF  WAR,  481a. 

DISCIPLINE.    See  Articles  of  War. 
DISEASES.    See  Contagious  Diseases. 
DISMISSALS: 

in  Classified  service,  40. 

DISMISSED  OFFICER.    See  Officers,  Army. 
DISTANT  STATIONS: 
Advances  of  money  to  persons  on  duty  at,  407. 
Advances  of  pay  to  persons  on  duty  at,  649. 
DISTILLERIES: 

in  Indian  country.    See  Indian  country. 
DISTRESS  WARRANTS: 
against  Delinquent  custodians,  224. 
Disposal  of  surplus  moneys  after  satisfying,  230. 
Execution,  method  of,  226,227. 
Form  and  contents  of,  225. 
Injunction  to  restrain,  234,  235. 
Issued,  when  and  by  whom,  231. 
Jurisdiction  of,  232. 

Levy  made  in  pursuance  of,  to  become  lien,  228. 
Other  remedies  of  United  States  not  affected  by, 

23(5. 

Persons  aggrieved  by,  relief,  234,  235. 
Postponement  of  issuance  of,  233. 
Sale  of  lands  under,  method,  229. 
DISTRIBUTION  OF  PUBLICATIONS: 

by  Public  Printer,  exceptions,  85. 
DISTRICT  ATTORNEYS: 
Duties  in  protection  of  civil  rights,  1447, 1451. 
Fees  in  civil  rights  cases,  1451. 


716 


INDEX. 


DISTRICT  COURTS: 

Empowered  to  issue  writs  of  habeas  corpus,  266. 

Jurisdiction  over  claims,  278. 

Jurisdiction  over  offenses  on  high  seas,  300,  301. 
DISTRICT  OF  COLUMBIA: 

Accountants,  payments  to,  restricted,  81a. 

Accounts  of  o  Ticers  in,  accessibility,  212. 

Advertising  in  newspapers  in,  1203, 1204. 

Appointments  to  Military  Academy  from,  1144. 

Certificate  of  inspection  of  fuel  in,  1244. 

Discrimination  against  Army  uniform  in,  1010. 

Fuel  used  in,  inspection,  1242-1244. 

Holidays  in,  days  constituting,  53. 

Inspection  of  fuel,  1243. 

Militia.    See  Militia. 

Rental  of  buildings  in,  99,  99a,  118-120. 

Revised  Statutes,  relating  to  title,  311. 
DIVISION: 

Composition,  356,  357. 

Composition  of  staff  of  commander,  359. 

Ordnance  officers  on  staff  of  commander,  816. 

Staff  officers,  may  be  volunteers,  360. 
DIVISION  OF  INSULAR  AFFAIRS.    See  Insu- 
lar Affairs,  Bureau  of. 
"DOCKERY  ACT:" 

Accounts  to  be  examined  under,  198. 
DOCUMENTS.    See  also  Books;  see  also  Records. 

Appropriations  chargeable  for  printing,  etc.,  114. 

Authorized  number  not  to  be  exceeded,  117. 

Distribution  to  be  made  by  Public  Printer,  85. 

Illustrations  in,  limitation  on,  116. 

Libraries  of  departments  depositaries  of  public, 
125, 125a. 

Restrictions  on  printing  by  departments,  113. 

Unlawful,  concerning  national  defenses,  penalty 

for  making,  etc.,  1317 J. 
DOMESTIC  VIOLENCE: 

Use  of  militia  to  suppress,  1418. 
DONATION  OF  LANDS: 

as  Sites  for  fortifications,  804. 
DOORKEEPER: 

at  White  House,  513. 
DRAFT  ANIMALS.    See  also  Horses. 

Restrictions  upon  purchase,  537,  538. 
DRAFTS.    See  Checks. 
DRAFTSMEN: 

Chief  of  Ordnance  may  employ,  818. 

Chief  Signal  Officer  may  employ,  895. 

Employment  of,  restrictions,  27,  28. 
DREDGING.    See  River  and  harbor  work. 
DUES: 

Payment  from  public  money  prohibited,  81. 
DUPLICATE  CHECKS: 

Issuance  of,  by  disbursing  officers,  245. 
DUTIES: 

Customs  duties.    See  Customs. 

of  Officers.    See  the  officer. 
EASEMENTS: 

For  telephone,  electric,  etc.,  lines,  1283. 
EDUCATIONAL  INSTITUTIONS.   See  also  Col- 
leges; Schools. 

Details  of  officers,  etc.,  at.    See  Details. 

Sale  of  Army  supplies  to,  951a,  951b. 
EFFICIENCY  RATINGS: 

of  Civil  service  employees,  40. 
EIGHT-HOUR  LAW: 

Alien  labor,  Canal  Zone,  not  covered,  1225,  1226. 

Contractors  penalized,  right  of  appeal,  1222. 

Date  effective,  1225. 


EIGHT-HOUR  LAW— Continued. 

General  provisions,  1218,  1219. 

Naval  vessels,  contracts  for,  governed  by,  1228- 
1230. 

Ordnance  purchased  from  firms  observing,  1231. 

Penalty  for  violation,  1220. 

President  may  waive,  during  time  of  war,  1223. 

Previous  contracts  not  affected,  1221. 

Public  works,  contracts  governed  by,  1219. 

River  and  harbor  work  under,  1232. 

Supplies  and  services  excepted,  1223. 

Tests  of  cannon  contracts  to  include,  1231. 
ELECTIONS: 

Presence  of  troops  at,  forbidden,  1457-1461. 
ELECTRICIANS: 

Casemate.    See  Casemate  electricians. 

Master.    See  Master  electricians. 
ELECTRICITY: 

for  Executive  departments,  centracts  for,  1197. 

Sale  of  surplus,  from  Government  plants,  521. 
ELECTRIC  POWER  COMPANIES: 

Right  of  way  for,  over  public  lands,  1283. 
ELIGIBILITY,  CERTIFICATES  OF: 

Holders  of,  rights  and  liabilities,  923,  924. 
EMBEZZLEMENT: 

By  a  particular  officer,  or  of  a  certain  class  of  prop- 
erty, see  the  specific  title. 

EMERGENCY    RATIONS.    See    also    Rations, 
Army. 

Where  issued,  to  be  in  addition  to  regular,  595. 
EMPLOYEES,  CIVIL.    See  Civilian  employees. 
EMPLOYMENT: 

Preference  given  to  discharged  soldiers,  165. 
EMPLOYMENT  OF  MILITARY  FORCE: 

in  Alaska,  as  posse  comitatus,  1477. 

at  Elections  prohibited,  1457-1461. 

to  Enforce  neutrality  of  U.  S.,  1472,  1473,  1472a. 

in  Enforcement  of  civil  rights,  1449,  1454. 

by  Governor  of  Hawaiian  Islands,  1478. 

to  Prevent  vessel  departing  without  clearance, 
1472a. 

Guarding  persons  extradited  for  crimes,  1476. 

in  Indian  country.    See  Indian  country. 

during  Insurrections.    See  Insurrection. 

in  Mexico,  justified,  1475a,  b. 

as  Posse  comitatus,  prohibited,  1480. 

to  Protect  rights  of  discoverer  of  Guano,  1479. 
ENCAMPMENTS: 

of  Militia.    See  Militia. 
ENGINEER: 

Battalions.    See  Engineers,  Corps  of. 

Companies.    See  Engineers,  Corps  of. 

Detachment  at  Military  Academy,  1171. 

School,  equipment  and  maintenance,  1184. 

School,  purpose,  1183. 
ENGINEERS: 

Restrictions  on  employment  of,  27. 
ENGINEERS,  CORPS  OF: 

APPOINTMENTS— 

from  Cadet  Corps,  number,  etc.,  785,  786. 
from  Civil  life,  age,  etc.,  786. 

APPROPRIATIONS— 

Settlement  of  transactions  between,  808. 
Subscriptions  may  be  paid  in  advance,  801. 

BAND— 
Organization,  792. 

BATTALIONS— 

Details  to.    See  this  title,  Details. 
Enlisted  men.   See  this  title,  Enlisted  Personnel. 


INDEX. 


717 


ENGINEERS,  CORPS  OF— Continued. 
BATTALIONS— Continued. 

Medical  personnel  of  Volunteers,  1385. 

Organization,  793. 
Chaplain,  authorization  of  one,  904. 
Chief  of  Engineers.    See  Chief  of  Engineers. 
COMPANIES— 

Officers  for  command,  794. 

Strength  of,  795,  796. 
Composition,  784,  785. 
DETAILS— 

to  Battalions  and  commands,  794. 

Limitation  on,  789. 

to  Superintend  construction  of  public  works, 

.    807. 

as  Superintendent,  War  Department  Building, 

154. 
DISBURSEMENT  OF  PUBLIC  MONEYS— 

by  Officers  on  work  under  their  control,  807. 
Employment  of  additional  persons  in,  161. 
ENLISTED  PERSONNEL— 

Composition,  790. 

to  Constitute  part  of  line  of  Army,  791. 

Duties  and  instruction,  797. 

Equipment  and  supplies,  798. 

Increase  in,  796. 

Organization,  790. 

Pay  of  electricians,  695. 

Pay  of  privates,  698. 

Pay  of  sergeants,  etc.,  695. 
OFFICERS — 

Details  of.    See,  this  title,  Details. 

may  Disburse  public  moneys,  807. 

Increase  in  number,  785. 

Promotions.    See,  this  title,  Promotions. 

Retired,  employment  on  harbor  work,  799. 

Transfer  to  another  corps,  789. 
ORGANIZATION— 

of  Battalions,  793. 

of  Companies,  795,  796. 

of  Corps  of  Engineers,  784,  785. 

of  Enlisted  force,  790. 
PROMOTIONS— 

According  to  seniority,  784. 

Examination  of  officers  for,  788. 

of  Lieutenants,  after  14  years'  service,  386. 
ENLISTED  MEN: 
For  a  particular   class   or   those  in  a  particular 

branch  of  the  service,  see  the  specific  title. 
ABSENCE — 

Due  to  misconduct,  etc.  without  pay,  666. 

Without  leave,  must  be  made  good,  1035. 

Without  leave,  not  to  be  paid  during,  448,  452. 
ARREST— 

for  Debt,  exempt  from,  exception.  1067. 
BADGES.    See  Badges. 

Baggage  lost  in  military  service,  217,  217a. 
BOUNTIES.    See  Bounties. 
CERTIFICATES    OF     MERIT.    See    Certificates    of 

Merit. 
CLA  IMS- 
no  Deductions  for  attorney's  fees,  219. 

for  Property  lost  in  service,  217, 217a. 
CLOTHING.    See  Clothing,  Army. 
COOKING  FOR.    See  Cooking. 


ENLISTED  MEN— Continued. 
CREDIT  FOR  SERVICE— 

See  Pay  of  enlisted  men. 

See  Retirement,  Army. 
DECEASED- 
SCO  also  Articles  of  War. 

Beneficiaries,   payment   to,  in   certain   cases, 
1061, 1062. 

Expenses  of  interment,  1063. 

Removal  of  remains   from  abandoned    posts, 
1063. 

Settling  accounts  of  1059,  1060. 

Transportation  to  national  cemeteries,  1063. 
DEPOSITS  OF  SAVINGS — 

Deposited  hi  Treasury  as  a  separate  fund,  716. 

Interest  on  S5  or  over,  717. 

Payable  on  discharge,  575. 

with  Paymasters,  regulations,  forfeiture,  716. 

Regulations  by  Secretary  of  War,  718. 
DESERTION.    See  Desertion. 
DETACHMENTS.    See  Detachment*. 
DETAILS.    See  Details. 
DISABILITIES— 

Civil  offices,  ineligible  for,  960. 
DISCHARGE.    See  Discharge. 
DUTIES— 

Acting  as  servants  to  officers  not  included,  1068. 
ELIGIBILITY.    See  Certificates  of  eligibility. 
EMPLOYMENT— 

as  Stenographers  of  courts-martial,  1069. 
ENLISTMENT.    See  Enlistment. 
EQUIPMENT.    See  Clothing,  Army. 
Examinations  for  promotion,  920-923. 
FURLOUGH.    See  Furlough. 
Instruction  of,  by  chaplains,  915. 
Letters  of,  may  be  forwarded  unpaid,  251. 
MEDALS  OF  HONOR.    See  Medals  of  honor. 
MEDICAL  TREATMENT— 

Employment  of  extra  nurses  for  care  of,  777. 

of  Families,  free  of  charge,  742. 

in  Private  hospitals  in  certain  cases.  776. 

Ruptured  in  line  of  duty,  truss,  783. 
MERIT,  CERTIFICATES  OF.    See  Certificates  of  merit. 
NATURALIZATION.    See  Naturalization. 
NONCOMMISSIONED   OFFICERS     See  Noncommis- 
sioned officers. 
NUMBER— 

Limited  to  100,000  men,  332. 

Maximum  strength   during   exigencies,  333. 

Not    to    be   increased    by    remount    detach- 
ments, 541. 
OFFENSES.    See  also  Articles  of  War. 

Aiding  or  enticing  soldier  to  desert,  1055. 

Harboring,  concealing,  etc.,  deserter,  1055. 
PAY.    See  Pay  of  enlisted  men. 
PENSIONS.    See  Pensions. 
Promotions  to  second  lieutenants,  920-923. 
Property  lost  in  military  service,  217,  217a. 
QUARTERS.    See  Quarters,  Army. 
RATIONS.    See  Rations,  A  rmy. 
at  RECRUITING  STATIONS— 

Detachments  authorized,  704. 
RETIREMENT.    See  Retirement.  Army. 
SALES  TO— 

of  Subsistence  stores.    See  Subsistence  store*. 


718 


INDEX. 


ENLISTED  MEN— Continued. 
SAVINGS.    See,  this  title,  Deposits  of  savings, 
Tour  of  duty   in   Canal   Zone  and  Philippine 

Islands,  limit  on,  330a. 
TRANSFER— 

to  Hospital  Corps  as  privates,   766,1037. 

to  Navy  or  Marine  Corps,  1036. 
TRANSPORTATION     ON    DISCHARGE.    See    Dis- 
charge. 
ENLISTMENT: 

of  Filipinos,  335. 

IN  FOREIGN  SERVICE.    See  Neutrality. 
FRAUDULENT  ENLISTMENT— 

Punishable  by  court-martial,  1033. 

of  Indian  scouts,  334. 
PREMIUMS— 

Accepted  recruits,  1032. 
QUALIFICATIONS — 

Age  limit,  1026, 1027, 1029. 

Aliens  ineligible  in  peace,  exceptions,  1029. 

Deserters  ineligible,  exception,  1027,  1052. 

Intoxicated  persons  ineligible,  1027. 

Minors  under  16  ineligible,  1027. 

Minors,  written  consent  of  parents,  etc.,  1028. 

Porto  Ricans,  when  eligible,  342. 
REENLISTMENT — 

Age  limit  does  not  apply,  1028. 

in  Army  reserve,  bounty  for,  1031. 

Bonus  for,  within  three  months,  706. 

of  Deserters,  in  time  of  peace,  1052. 

Increased  pay  for,  within  three  months,  1034. 

of  Porto  Ricans  in  Regular  Army,  349. 

Qualifications,  1030,  1052. 
TERM— 

Fixed  at  three  years,  1030. 

Fixed  at  seven  years  in  Army  and  Reserve, 
1031. 

Method  of  determining  continuous  service,  1035. 

Unauthorized  absences  must  be  made  good,  666, 

1035. 
ENSIGNS,  NAVY: 

Relative  rank  with  Army,  352. 
ENVELOPES.    See  also  Mail  matter. 
Executive  departments  to  procure,  254. 
"Official  Business,"  printed  on  certain,  252. 
Official,  penalty  for  private  use,  253. 
"Penalty"  clause  to  be  printed  on,  254. 
Return  penalty  may  be  enclosed,  256. 
EPIDEMIC  DISEASES: 

Measures  for  dealing  with,  in  Army,  778. 
EQUAL  RIGHTS.    See  Civil  rights. 
EQUIPMENT 

of  Soldiers,  sale  prohibited,  1262. 
ESCAPE 

from  Military  prison.    See  Military  prison. 
ESTIMATES 
By  a  partkular  office  or  officer,  or  in  connection  with 

a  particular  subject,  see  the  specific  title. 
BOOKS  OF  ESTIMATES.    See  Book  of  Estimates. 
CONTENTS — 

Amount  for  next  fiscal  year  stated,  88. 

all  Annual,  for  the  public  service,  91. 

Annual,  information  to  accompany,  102. 

Arrangement,  90. 

Changes  desired,  propositions  for,  90. 

Explanation  of  new  items,  89. 

for  Lump-sum  appropriations,  96,  96a. 

Outstanding  appropriations  included,  88. 


ESTIMATES— Continued. 
CONTENTS— Continued. 

of  Special  or  additional  estimates,  91. 

Unnecessary  words  to  be  eliminated,  87a. 

Variation  from  current,  to  be  noted,  89. 
OF   EXECUTIVE    DEPARTMENTS.    See    Executive 

departments. 
FURNISHED  TO  SECRETARY  OF  THE  TREASURY— 

Failure  to  furnish,  87. 

by  October  15,  required,  87. 
PREPARATION— 

Designation  of  official  to  supervise,  87a. 

under  Direction  of  Secretary  of  Treasury,  86. 

Officers'  compensation  founded  by  law,  95. 
SUBMISSION  TO  CONGRESS — 

Through  Secretary  of  the  Treasury,  86,  92. 
EVIDENCE: 

of  Embezzlement,  prima  facie,  424,  425. 
Claims.    See  Claims. 
Compelling  witness  to  furnish,  136. 
Court  of  Claims.    See  Court  of  Claims. 
Original  records  required  in  certain  cases,  247. 
Pamphlet  copies  of  statutes,  321. 
Revised  Statutes  legal  evidence,  310,  318. 
Statutes  at  Large  are  legal  evidence,  321. 
Supplement  to  Revised  Statutes  prima  facie,  320. 
Transcripts  from  Treasury  books,  247,  424. 
EXAMINATIONS: 
For  appointment  of  a  particular  officer,  see  the 

specific  title. 

of  Accounts.    See  Accounting  of  public  money. 
of  Bonds.    See  Bonds. 
under  Civil  service.    See  Civil  service. 
of  Enlisted  men  for  promotion.    See  Second  lieu- 
tenants. 

at  Military  Academy.    See  Military  Academy. 
of  Officers.    See  Officers,  Army. 
Pension  cases.    See  Pensions. 
EXAMINING  BOARDS: 
Promotion  of  enlisted  men,  921. 
Promotion  of  officers.    See  Officers,  Army. 
EXCHANGE: 

of  Funds,  restrictions  upon,  401. 
Post.    See  Post  Exchange. 
of  Typewriters.    See  Typewriters. 
of  Unserviceable  powder  and  shot,  837. 
EXECUTIVE  DEPARTMENTS: 
For  a  particular  department,  see  the  department. 
ABSENCE.    Leaves  of.    See,  this  title,  Employees. 
Accountants,  payments  to,  restricted,  81a. 
Accounts.    See  Accounting  of  public  money. 
Adding  machines.    See,  this  title,  Supplies. 

AD  VERTISEM  ENTS— 

for  Bids  for  supplies,  1196. 

in  District  of  Columbia,  limitations,  1203,  1204. 

in  Newspapers,  written  authority,  1201. 

Rates  to  be  paid  newspapers,  1202. 
Annual  reports.    See,  this  title,  Reports. 
APPROPRIATIONS— 

See  also  Appropriations. 

Estimates  for.    See,  this  title,  Estimates. 

Expenditures  in  excess  of,  prohibited,  188. 

Lump  sum,  payment  of  salaries  restricted,  35. 

Membership  fees,  etc.,  not  to  be  paid,  81. 

Payment  of  accountants  from,  restricted,  81a. 

Payment  for  private  telephones  prohibited,  83. 
ARMS— 

for  Protection  of  public  money,  etc.,  830,  847. 


INDEX. 


719 


EXECUTIVE  DEPARTMENTS— Continued. 
AUTOMOBILES.    See,  this  title,  Vehicles. 
BOOKS— 

See  also,  this  title,  Documents. 

Public  Printer  to  furnish,  112. 
BUILDINGS— 

Public.    See  Public  buildings. 

Rental  in  District  of  Columbia,  118-120. 

Statement  of,  rented,  99,  99a. 
BUREAUS— 

Absence  ol  chief,  who  may  act,  14. 

Action  by  chief  of,  on  report  of  chief  clerk,  22. 

Death  of  chief,  who  may  act,  14. 

Temporary  chief  of,  14. 
CARRIAGES    FOR    OFFICERS    AND    EMPLOYEES, 

82,  82a. 
CHIEF  CLERKS— 

Duties,  20,  21. 

Oaths  of  office  to  employees,  57. 

Oaths  to  travel  accounts,  65. 

Reports  by,  21,  22. 
CLAIMS— 

before  Court  of  Claims.    See  Court  of  Claims. 

before  Departments.    See  Claims. 
CLERKS— 

See  also  this  title,  Employees. 

Appointment  of  women  as,  26. 

Chief.    See  this  title,  Chief  clerics. 

Classification  of,  43. 

Compensation  of,  44. 

Detail,  for  duty  in  office  of  President,  12. 

Disbursing.    See  this  title,  Disbursing  clerks. 

Extra  services,  no  compensation  for,  46,  47. 

Payment  from  contingent  funds  prohibited  28, 
32,  74. 

Performing  duties  of  another,  not  paid  for,  47. 

Temporary,  compensation  of,  45. 
CLOSING — 

on  Death  of  ex-official  prohibited,  123. 
Contingent  Funds.    See  Contingent  funds. 
CONTRACTS— 

See  also  Contracts. 

in  Excess  of  appropriations,  prohibited,  188. 

for  Supplies.    See  this  title,  Supplies. 
Counsel.    See  this  title,  Heads  of  departments. 
Details.    See  this  title,  Employees. 
Disbursements.    See    Disbursements    of    public 

moneys. 
DISBURSING  CLERKS— 

See  also  Disbursing  officers. 

Appointment  and  bond,  23. 

Bond,  acting,  bound  by,  24. 

Books  accessible  to  .accounting  officers,  124. 
DOCUMENTS— 

See  also  this  title,  Bonks. 

Distribution,  lists  furnished  Public  Printer,  85. 

Distribution  by,  prohibited,  exception,  85. 

Printing,  authorized  number  not  exceeded,  117. 

Reports.    See  this  title,  Reports. 

Restrictions  on  printing,  113. 
EMPLOYEES— 

Absence  in  excess  of  leave,  without  pay,  50. 

Accountants,  payments  to,  restricted,  81a. 

Clerks.    See  this  title,  Clerks. 

not  Compensated  for  administering  oaths,  58. 

Compensation  of,  44. 

Deceased,  transportation  of  remains,  84. 


EXECUTIVE  DEPARTMENTS— Continued 
EMPLOYEES— Continued. 

Detail  in  District  of  Columbia  from  without, 
prohibited,  29,  30,  32. 

Details  with  boards,  etc.,  prohibited,  408. 

Details  within  departments,  34. 

Discharge  of,  restrictions,  40. 

Efficiency  ratings,  establishment  of,  40. 

Employment  in  excess  of  authority  prohibited, 
exception,  37,  188, 1195. 

Established  and  fixed,  40a. 

Establishment  of  pension  roll  prohibited,  38. 

False  or  fictitious  entry  or  report,  171. 

may  Furnish  information  to  Congress,  42. 

Hours  of  labor.    See  this  title,  Hours  of  labor. 

Investigating  frauds,  may  administer  oaths,  64. 

Laborers.    See  this  title,  Laborers. 

Leave,  annual,  in  addition  to  sick,  51. 

Leave,  annual,  exclusive  of  Sundays,  etc.,  52. 

Leave,  annual,  with  pay,  50. 

Leave,  with  pay,  contagious  diseases,  50. 

Membership  fees,  etc.,  United  States  not  to 
pay,  81. 

Messengers.    See  this  title,  Messengers. 

Oath  of  office,  form,  59,  60. 

Oath  of  office,  who  may  administer,  57,  62,  63. 

Oaths,  before  whom  may  be  taken,  63. 

Oaths  to  travel  accounts,  65. 

Officers.    See  this  title,  Officers. 

Payments  to  incapacitated,  forbidden,  39 

Payment  from  lump-sum  appropriations  re- 
stricted, 35. 

Per  diem,  to  receive  pay  on  holidays,  54, 55, 56. 

may  Petition  Congress,  42. 

Preference  to  honorably  discharged  soldiers,  41. 

Prohibited  assisting  in  prosecution  of  claims, 
430. 

Prosecution  of  claims  by  ex-employees,  140. 

Reduction  of,  restrictions,  40. 

Removal,  on  charges  in  writing,  42 

Report  of  inefficient,  103. 

Restrictions  on  employment,  27. 

Sick  leave  with  pay,  50. 

Soliciting  contributions,  177. 

Transfer  between  departments,  36. 

Transfer  from  regular  to  lump-sum  rolls,  35. 

Travel  expenses,  limitation  upon,  680a. 

Voluntary  services.    See  this  title,  Voluntary 

services. 

Envelopes.    See  this  title,  Supplies. 
ESTIMATES.    See  also  Estimates. 

Annual,  information  to  accompany,  102. 

Arrangement  to  conform  to  current  acts,  90. 

in  Books  of  Estimates,  86. 

for  Compensation  of  officers,  95. 

Date  for  submission,  87. 

for  Deficiencies,  method  of  transmitting,  92. 

Designation  of  official  to  supervise  preparation, 
87a. 

for  Lump-sum  appropriations,  96. 

Method  of  preparing,  93. 

for  Printing  and  binding,  94. 

for  Printing  and  binding  furnished,  114. 

for  Public  buildings  or  works,  97. 

for  Purchases,  etc.,  of  passenger-carrying  ve- 
hicles, 82a. 

Special  statement  as  to  necessity,  91. 


720 


INDEX. 


EXECUTIVE  DEPARTMENTS— Continued. 
ESTIMATES— Continued. 

Statement  of  rented  buildings,  99. 

Submitted  through  Secretary  of  Treasury,  86. 

Unnecessary  words  to  be  eliminated,  87a. 

Variation  from  current  to  be  explained,  89. 
FORMS— 

Public  Printer  to  furnish,  112. 
HEADS  OF  DEPARTMENTS— 

For  the  head  of  a  particular  department,  see  the 
specific  title. 

Absence  of,  who  may  act,  13. 

Action  by,  on  report  of  chief  clerk,  22. 

Assistant  to  perform  duties  on  death,  etc.,  13. 

Authorized  to  employ  clerks,  etc.,  25. 

Counsel  furnished,  examination  of  witnesses,  137. 

Department   of   Justice    to   furnish   counsel, 
138,  264. 

Employment  of  counsel  prohibited,  138. 

Estimates  by.    See  this  title,  Estimates. 

to  Furnish  data  for  Official  Register,  111. 

Hours  of  labor  designated  by,  48,  49. 

Inventories   and  returns  of  public  property, 
109, 110. 

President  may  require  opinion,  2. 

Purchase  of  newspapers  by,  77. 

Regulations  for  property  returns,  1259. 

Regulations  to  be  prescribed  by,  19. 

Reports  of.    See  this  title,  Reports. 

may  Subpoena  witnesses  as  to  claims,  134. 

Temporarily  act  as  head  of  other  department,  15. 

Temporary  appointments  as,  restrictions,  16, 17. 

Written  authority  for  advertising  required,  1201. 
HOURS  OF  LABOR— 

for  Employees  to  be  not  less  than  seven,  48. 

Extension  of,  if  work  is  in  arrears,  49. 

Extension  of,  permitted,  48. 
ILLUSTRATIONS.    See,  this  title,  Reports. 
LABORERS.    See  also,  this  title,  Employees. 

Authority  to  employ,  25. 

Compensation,  44. 

Employment,  restrictions,  27, 28. 
LAW  BOOKS— 

Purchase  from  contingent  funds,  78. 

Specific  appropriation  necessary,  78. 
LIBRARIES— 

Depositories  of  public  documents,  125, 125a. 
MAGAZINES.    See  this  title,  Periodicals. 
MECHANICS.    See  this  title,  Laborers. 
MESSENGERS.    See  also  this  title,  Employees. 

Compensation,  44. 

Employment  authorized,  25. 

Employment,  restrictions  on,  27,  28. 
NEWSPAPERS.    See  also  this  title,  Periodicals. 

Advertisement  in.    See  this  title,  Advertise- 
ments. 

Expenditures  for,  limited,  76. 

Purchases  from  contingent  funds  limited,  77. 
OATHS.    See  this  title,  Employees. 
OFFICERS.    See  also  this  title,  Employees. 

Estimates  for  compensation  of,  95. 

Payment  from  contingent  funds  prohibited, 
28,  32. 

Performing  duties  of  another  office,  pay,  18. 
PERIODICALS.    See  also  this  title,  Newspapers. 

Purchase  of,  from  contingent  funds  restricted,78. 

Subscriptions  for,  payment  in  advance,  77a. 
PERSONAL  SERVICES.    See  this  title,  Employees. 


EXECUTIVE  DEPARTMENTS— Continued. 
POSTAGE  STAMPS.    See  this  title,  Supplies. 
PRINTING  AND  BINDING  FOR.    See  also  this  title, 
Documents. 

Appropriations  chargeable,  114. 

Detail  from  Printing  Office  for,  33. 

Estimates  for,  94. 

Estimates  furnished  by  Public  Printer,  114. 

Illustrations,  restrictions  on,  116. 
PROPERTY— 

Inventories  and  returns,  109, 110. 

Purchase  of  arms  for  protection,  830,  847. 

Regulations  for  returns,  1259. 
RECORDING  CLOCKS— 

Use,  in  Washington,  foibidden,  121. 
REPORTS— 

Annual  by  heads,  time  for,  104. 

Annual  when  furnished  Public  Printer,  106. 

Failure  to  make  required,  penalty.  110. 

of  Heads,  certain  matter  excluded,  107. 

Illustrations,  restrictions  on,  116. 

of  Inefficient  employees  in  estimates,  103. 

Inventories  and  returns  of  public  property, 
109, 110. 

Monthly,  as  to  condition  of  business,  49. 

Monthly,  by  chief  clerks,  21. 

Printing,  authorized  number  not  exceeded,  117. 

of  Proceeds  of  sales  and  other  receipts,  101. 

Quarterly,  to  President,  108. 

Regulations  for  returns  of  property,  1259. 

of  Typewriters,  etc.,  exchanged,  75a. 
RETURNS.    See  this  title,  Reports. 
•  SERVICES.    See  this  title,  Supplies. 
STATIONERY.    See  this  title,  Supplies. 
SUBSCRIPTIONS.    See  this  title,  Periodicals. 
SUPPLIES— 

Adding  machines,  exchange  authorized,  75a. 

Advertisement  for  bids,  1196. 

Contracts  for  telephone,  electricity,  etc.,  1197. 

Contracts  limited  to  one  year,  1194. 

Envelopes  to  be  procured  by,  254. 

Exchange  of  typewriters,  etc.,  authorized,  75a. 

Open  market  purchases,  1196. 

Postage  supplied  by  Postmaster  General,  126. 

Purchase  of,  restrictions,  75. 

Purchase  through  General  Supply  Committee, 
1197. 

Typewriters,  exchange  authorized,  75a. 
TELEGRAPH  TO  CAPITOL.    See  Telegraph  lines. 
TYPEWRITERS.    See  this  title,  Supplies. 
USELESS  PAPERS— 

Disposition  of,  132,  133. 
VEHICLES— 

Carriages  for  officers,  etc.,  82. 

Purchase  of  passenger-carrying,  resti  icted,  82a. 
VOLUNTARY  SERVICE— 

Acceptance  of,  forbidden,  exception,  37,  188. 
WATCHMEN— 

Employment  authorized,  25. 

Employment,  restrictions  on,  27,  28. 

Salary,  44. 
WOMEN — 

Appointment  of,  as  clerks,  26. 

Salary,  as  copyists,  44. 
EXECUTIVE    OFFICES.    See    President  of  the 

United  States— White  House. 
EXECUTORS: 
Failure  to  recognize  priority  of  United  States,  222. 


INDEX. 


721 


EXPENDITURES: 

Of  a  particular  office  or  service,  see  the  specific  title. 

See  Appropriations. 

See  Disbursement  of  public  money. 
EXPERT  ACCOUNTANTS: 

in  Inspector  General's  Department.    See  Inspec- 
tor General's  Department. 
EXPERT  RIFLEMEN: 

Additional  pay  for  qualifying,  699. 
EXTORTION: 

By  officers,  etc.,  penalty,  1252. 
EXTRA  DUTY: 

Details  on.    See  Details. 

Pay  for.    See  Pay  of  enlisted  men. 
EXTRA  PAY: 

Of  enlisted  men.    See  Pay  of  enlisted  men. 
EXTRAORDINARY  EMERGENCY: 

Mississippi  River  levee  work  considered,  1227. 
FALSE  CERTIFICATE: 

Penalty  for  making,  429. 
FARRIERS: 

Designation  of,  \vith  each  organization,  703. 

Pay,  additional,  acting  as  horseshoer,  697,  698. 
FEES: 

Of  a  particular  officer  or  in  connection  with  a  par- 
ticular proceeding,  see  the  specific  title. 

of  Membership,  etc.,  not  paid  from  United  States 

funds,  81. 
FELONS: 

not  Accepted  for  enlistment,  1027. 

Excluded  from  admission  to  Soldiers'  Home,  1516 
FEMALE  NURSE  CORPS.    See  Nurse  Corps. 
FENCES: 

Destroying,  on  Government  lands,  penalty,  1314. 
FIELD  ARTILLERY.    See  Artillery. 
FIELD  ARTILLERY  MATERIAL: 

Issues  of,  to  militia,  1364. 
FIELD  HOSPITALS.    See  also  Hospitals. 

Organization  of,  in  Hospital  Corps,  768. 
FIELD  MUSICIANS: 

at  Military  Academy,  pay  and  allowances,  1166. 
FIELD  OFFICERS: 

Detached  service,  eligibility  for,  restricted,  938£. 

in  Porto  Rico  Regiment,  345. 

Vacancies  due  to  reorganization  act,  1101. 
FILIPINOS.    See  also  Philippine  Islands. 

Appointment  of  four,  to  Military  Academy,  1143. 

Treatment  of  insane  soldiers,  1527. 
FIRE-CONTROL  EQUIPMENT: 

of  Militia,  transfer  in  time  of  war,  1366. 
FIREMEN: 

Rate  of  pay,  695. 

FIRST     LIEUTENANTS.     See     also     Officers, 
Army. 

Pay,  635. 

Relative  rank  \\  ith  Navy,  352. 
FISCAL  AGENTS: 

Duties  as  to  public  moneys,  185. 
FISCAL  OFFICERS: 

Distress  warrants  issued  against,  when,  232. 
FISCAL  YEAR: 

Begins  July  1,  each  year,  195. 
FLAG  OF  UNITED  STATES: 

to  Consist  of  13  stripes  and  48  stars,  1528. 

Star  to  be  added  for  each  State  admitted,  1529. 
FLAGS: 

Captured,  to  be  collected,  149. 

48985°— 15 46 


FORAGE: 

no  Discrimination  on  account  of  location,  557. 

Furnished  officers  according  to  rank,  554. 

to  Officers  separated  from  horses,  559, 560. 
FOREIGN  ARMIES: 

Observers  on  duty  with,  expenses,  673a. 
FOREIGN  DECORATIONS: 

Acceptance  by  officers,  wearing,  etc.,  1011. 

Tender  of,  to  officers,  how  made,  1012. 
FOREIGN  GOVERNMENTS.    See  also  Foreign 
decorations. 

Accepting  commission  under,  1467. 

Augmenting  forces  of  belligerent,  in  United  States 
1470. 

Enlisting  hi  United  States  for  service  under, 
1468,  1474. 

Fitting  outship  in  United  States  for  service  under, 
1469. 

Furnishing  unlawful  information,  etc.,  to,  pen- 
alty, 1317i-1317i 
FOREIGN  SERVICE: 

Additional  pay  for  clerks,  etc.,  362,  362a,  362b. 

Commencement,  etc.,  of  leaves  while  on,  663. 

Enlisted  men,  counted  double  time.    See  Retire- 
ment, Army. 

Enlisted  men,  increased  pay  for.    See  Pay  of  en- 
listed men. 
.  Nurse  Corps,  increased  pay  for.    See  Nurse  Corps. 

Officers,  increased  pay  for.    See  Pay  of  officers. 
FOREIGN  VESSELS: 

Compelling  departure  of  belligerent,  1473. 
FOREST  RESERVES: 

Rights  of  way  over,  for  telegraphs,  etc.,  1282, 1283. 
FORGERY: 

Bonds,  bids,  public  records,  etc.,  penalty,  131. 
FORMS: 

for  Accounts  prescribed  by  Comptroller,  200. 

Public  Printer  to  furnish  departments,  112. 

for  Returns  to  Returns  Office,  1214. 
FORT  BAYARD  GENERAL  HOSPITAL: 

Commutation  of  rations  for  patients  in,  612. 
FORT  LEAVENWORTH,  KANS.: 

Transfer  of  Military  prison  to,  475. 
FORTIFICATIONS: 

Appropriations,  disposition  of  balances,  192. 

Constructed  by  contract,  after  advertisement,  806. 

Donations  of  sites  for,  acceptance,  804. 

Employment  of  draftsmen  for,  818. 

Enlisted  men  may  aid  and  oversee  work  on,  797. 

Erection  of  temporary,  in  emergencies,  259, 805. 

Examination  of  title  to  lands  acquired  as  sites,  258 

Obtaining,  communicating,  etc.,  unlawful  infor- 
mation concerning,  penalty,  1317i-1317^. 

Officers  constructing,  to  disburse  moneys,  807. 

Procurement  of  sites  by  condemnation,  etc.,  802. 

Sites,  expenditures  for,  restricted,  803. 

Sites  for,  donated,  acceptance,  804. 

Sites  for,  to  include  sites  for  barracks,  803. 

Trespass  upon  or  interference  with,  penalty,  1315. 
FORTS.    See  also  Fortifications. 

Erection  of  temporary,  in  emergencies,  259, 805. 

Examination  of  title  to  land  acquired  as  sites,  25<*. 
FRANKING  PRIVILEGE.    Seealso  Mailmatter. 

Extended  to  all  officers  of  United  States  Govern- 
ment, 255. 
FRAUD: 

in  Connection  with  claims.    See  Claims. 

Offering  bribe  to  officer  to  commit,  penalty,  1251. 

Officers  investigating,  may  administer  oaths,  64. 


722 


INDEX. 


FRAUDULENT  ENLISTMENT: 

Constitutes  military  offense,  1033. 
FREIGHT: 

on  Ordnance  issued,  not  to  be  paid,  848. 
FUEL.    See  also  Forage. 

Certificate  of  inspection  attached  to  voucher,  1244. 

in  District  of  Columbia,  regulations,  1242-1244. 

Furnished  officers  according  to  rank,  554,  555. 

Inspection,  in  District  of  Columbia,  1243,  1244. 
FUNDS.    See  also  Public  moneys. 

Exchange  of,  restrictions  upon,  401. 

Of  Soldiers'  Home.    See  Soldiers'  Home. 
FUNERAL  EXPENSES.    See  Burial  expenses. 
FURLOUGH: 

into  Army  Reserve,  1031. 

Commutation  of  rations  of  enlisted  men,  611. 

Medical  care  of  officers,  etc.,  while  on,  776. 
GARDENER: 

in  Office  of  Chief  of  Staff,  362,  362a. 
GARDENS.    See  Military  posts— Gardens. 
GARRISON  COURTS-MARTIAL: 

See  also  Articles  of  War. 

See  also  Courts- Martial.  • 

Jurisdiction  restricted,  924. 
GAS: 

Proceeds  of  sales  of,  at  Military  Academy,  1178. 
GENERAL: 

Fuel  and  forage  allowed,  554. 

Pay,  635. 
GENERAL  ARMY  SERVICE  DETACHMENT: 

at  Military  Academy,  1170. 

GENERAL  COURTS-MARTIAL.    See    Courts- 
Martial. 
GENERAL  GRANT  NATIONAL  PARK: 

Detail  of  troops  for  protection,  1301. 

Rights  of  way  through,  1282. 
GENERAL  OFFICERS.    See  Officers,  Army. 
GENERAL  PRISONERS: 

See  also  Disciplinary  Barracks. 

See  also  Military  prison. 

Restoration  to  duty,  488a,  488b. 
GENERAL  STAFF  CORPS.    See  also    Chief  of 
Staff. 

Aids-de-camp  not  authorized,  369. 

Chief  of  Artillery  to  be  additional  member,   370. 

Chief  of  Division  of  Militia  Affairs  to  be  additional 
member,  371. 

Civilian  employees.    See  Chief  of  Staff. 

Composition,  366,  367. 

Details  in,  for  period  of  four  years,  366. 

Duties,  368. 

Establishment,  365. 

Expenses  of  observers,  how  paid,  673a. 
GENERAL  SUPPLY  COMMITTEE: 

Duties,  etc.,  1197. 
GOETHALS,  GEORGE  W.: 

Promoted  to  major  general,  927b,  927e. 

may  Retire,  on  application,  927j. 

Thanks  of  Congress  tendered,  927a. 
GORGAS,  WILLIAM  C.: 

Promoted  to  major  general,  927b,  927e. 

may  Retire,  on  application,  927j. 

Thanks  of  Congress  tendered,  927a. 
GOVERNMENT: 

Republican  form,  guaranteed  States,  1414. 
GOVERNMENT  HOSPITAL  FO^v  INSANE: 

Admission  of  insane  of  Army,  1524,  1525. 

Establishment  of,  in  District  of  Columbia,  1524. 
GOVERNMENT  PRINTING  OFFICE: 

Details  of  employees  from,  restricted,  33. 


GOVERNMENT  PUBLICATIONS: 

Depositories  of,  designated,  125, 125a. 
GRADUATES: 

of  Army  schools  for  bakers  and  cooks,  1188. 

of  Military  Academy.    See  Military  Academy. 
GRAND  ARMY  OF  REPUBLIC: 

Loans  or  gifts  of  condemned  ordance,  etc.,  849. 

Unlawfully  wearing  badge  of,  penalty,  1025. 
GRATUITOUS  ISSUES: 

of  Clothing.    See  Clothing,  Army. 

of  Ordnance.    See  Ordnance. 
GRATUITY: 

Beneficiary  to  receive,  to  be  designated,  1061, 1062. 
GUAM: 

Merchandise  for,  by  Army  transports,  530. 

Passengers  to,  by  Army  transports,  528. 
GUANO  ISLANDS: 

Protection  of  rights  of  discoverer,  1479. 
GUN  CARRIAGES: 

Appropriation  for  tests  of,  878. 
GUN  COMMANDERS: 

Additional  pay  for  qualifying,  699. 

Authorized  number  of,  not  to  be  increased,  700. 
GUN  FIRE: 

Claims  for  damages  caused  by,  162. 
GUN  POINTERS: 

Additional  pay  for  qualifying,  699. 

Authorized  number,  not  to  be  increased,  700. 
GUNNERS: 

First  and  second  class,  pay  for  qualifying,  699. 

Master,  rate  of  pay,  695. 
GUNS.    See  Cannon. 
HABEAS  CORPUS: 

Application  for  writ,  269. 

Conditions  under  which  writ  may  issue,  268. 

Directed  to  one  in  possession  of  boly,  270. 

Disposition  of  party  on  summary  hearing,  275. 

in  Hawaii,  suspension  of,  1478. 

Hearing  within  5  days  after  return  of  writ,  274. 

Issue  of  writ,  allowance  and  direction,  270. 

Issue  of  writ,  courts  empowered,  266. 

Issue  of  writ,  powers  of  Federal  judges,  267. 

Prisoner  in  jail,  268. 

Return,  form  prescribed,  272. 

Return,  production  of  body,  273. 

Return,  time  prescribed,  271. 

Summary  hearing,  275. 

Suspension  of  writ,  276. 
HARBOR  DEFENSES: 

Trespass  upon,  penalty,  1315. 
HARBOR  WORKS.    See  River  and  harbor  works. 
HAWAII: 

Assignment  of  pay  of  surgeons  in,  740. 

Employment  of  military  force  in,  1478. 

Enlisted  men,  service  in.    See  Pay  of  Enlisted 
men;  see  Retirement,  Army. 

Habeas  corpus,  governor  may  suspend,  1478. 

Leases  of  lands  in,  for  military  purposes,  1292. 

Milith,  election  of  officers,  law  not  to  apply,  1376. 

Militia  laws  of  United  States  to  apply,  1376. 

Nurse  Corps,  no  additional  pay  for  duty  in,  771. 

Posse  comitatus,  governor  may  summon,  1478. 
HAZING: 

at  Military  Academy.     See  Military  Academy. 
HEADQUARTERS: 

Detail  of  clerks  to  War  Department,  forbidden, 
31,  362b. 

Employees  at,  classification  and  pay,  362,  362a, 
362b. 

Establishment  of,  Secretary  of  War  to  direct,  364. 


INDEX. 


723 


HEADS: 

of  Bureaus.    See  Executive  departments— Bureaus, 

of  Departments.    See  Executive  departments. 
HEALTH  LAWS: 

State,  to  be  observed  by  United  States  officers, 

1402. 
HEAT  AND   LIGHT: 

See  also  Fuel. 

Furnished  officers,  limitations  upon,  556. 
HIGH  SEAS: 

Jurisdiction  over  offenses  or  seizures  on,  309,  301. 

Property  captured  on,  condemnation,  302. 
HODGES,  H.  F.: 

Promoted  to  brigadier  general,  927b,  927e. 

may  Retire,  on  application,  927j. 

Thanks  of  Congress  tendered,  927a. 
HOLIDAYS: 

Annual  leaves  of  employees  not  to  include,  52. 

in  District  of  Columbia,  days  constituting,  53. 

Labor  Day  made  legal  holiday,  56. 

Per  diem  employees  to  receive  pay,  54,  55. 
HOMES  FOR  DISABLED  VOLUNTEER  SO*L- 

DIERS.    See  National  Home  for  Disabled  Volun- 
teer Soldiers. 
HOMESTEADS: 

Acquired  by  soldier,  how,  1270. 

Deduction  for  military  service,  1271. 

Entry  by  agent  of  soldier,  1273. 

Military  service  equivalent  to  residence,  1272. 

Widow  or  children  entitled  to  patent,  1271. 
HONORABLE  DISCHARGE.    See  Discharge. 
HONORABLE   SERVICE   ROLL: 

Establishment  of,  forbidden,  38. 
HORSES: 

Allowance  to  Indian  Scouts  who  furnish,  334,  696. 

Allowance  to  regimental  quartermasters,  554. 

Appropriations  for,  restrictions  upon  use,  541. 

Condemned,  issue  to  Militia,  1364c. 

for  Field  Artillery,  Militia,  number  and  care,  1364a 

Furnished  officers  below  major,  637. 

Issues  to  Militia,  1364b,  1364c. 

Open  market  purchases  of,  541,  542. 

Polo  ponies  for  Military  Academy,  542. 

Purchase,  after  advertisement,  539,  540. 

Purchase  of,  and  mules  after  advertisement,  1235. 

Purchase,  from  officers  ordered  abroad,  558. 

Purchase,  for  issue  to  militia,  1364b. 

Purchase,  limitation  upon,  537,  538. 

Purchase,  regulations  for,  541,  542. 

Purchase,  transportation  from  place  of,  561. 

Sale  of,  in  Indian  Country.    See  Indian  Country. 

Shelter  and  shoeing  of  officers',  559,  560. 

Transportation  of  authorized  number,  561. 

Transportation,  excess  over  authorized,  527. 
HORSESHOER: 

Additional  pay  to  horseshoer,  698. 

Designated,  one  with  each  organization,  703. 
HORSE   SHOWS: 

Expenses  incident  to,  restrictions  upon,  543. 

Officers,  etc.,  may  be  directed  to  attend,  543. 
HOSPITAL  ATTENDANTS: 

Gratuitous  issue  of  clothing  to,  572. 
HOSPITAL  CORPS: 

Acting  cooks,  pay,  695. 

Ambulance  companies,  organization,  76S. 

Companies  of  instruction,  organization,  70s. 

Composition,  756,  757. 


HOSPITAL  CORPS— Continued. 

Comprises  part  of  Medical  Department,  728. 

Detachments,  organization,  768. 

Enlisted  men,  pay,  763-765. 

Enlisted  men,  transfers  to,  from  Army.  766,  1^37. 

Field  hospitals,  organization,  768. 

Hospitals.    See  Hospitals. 

Noncommissioned  officers,  rank  and  pay,  763-765 

Nursa  Corps.    See  Nurse  Corps. 

Organization,  756,  757. 

Privates,  detail  as  acting  stewards,  767. 

Privates,  number  and  duties,  766. 

Privates,  rate  of  pay,  698. 

Sergeants  first-class,  pay,  695. 

Stewards.    See  Hospital  stewards. 
HOSPITAL  MATRONS: 

Employment  of,  authorized,  773. 

Entitled  to  one  ration  daily,  598. 

Pay  and  allowances,  774. 
HOSPITAL  STEWARDS: 

Acting,  eligible  for  appointment,  767. 

Appointment,  examinations  for,  760. 

Appointment  and  number,  758,  759. 

Appointment,  qualifications  for,  761. 

Quarters  for,  constructed  by  contract,  550. 

Quarters  for,  constructed  at  posts  designated,  762 

Quarters,  Secretary  of  War  to  locate,  550. 
HOSPITALS.    See  also  Hospita1  Corps. 

Command  of,  by  contract  surgeons,  739. 

Command  of,  by  volunteer  officers,  1393. 

Commutation  of  rations  for  patients,  612. 

Matrons.    See  Hospital  matrons. 

Nurses.    See  Nurse  Corps. 

Private    treatment  of  Army  personnel  in,  776, 
776a. 

Stewards.    See  Hospital  stewards. 

Supplies  for  sick  in,  what  to  include,  775. 
HOTEL: 

at  Military  Academy,  disposition  of  receipts,  1178 
HOURS  OF  LABOR: 

in  Executive  departments.    See    Executive   de- 
partments. 

for  Laborers,  etc.    See  Laborers. 
HOUSE  OF  REPRESENTATIVES.     See    Con 

gress. 
HYGIENIC  LABORATORY: 

Surgeon  General  member  advisory  board,  781. 
ICE: 

for  Enlisted  men,  where  directed,  594. 

Sale  of  surplus  from  Government  plants,  521. 
ILLUSTRATIONS: 

Restrictions  on  number  printed,  116. 
INCAPACITATED  PERSONS: 

as  Employees,  payments  to,  forbidden,  39. 
INDEBTED  TO  UNITED  STATES: 

Compensation  not  paid  one,  693. 
INDIAN  AGENTS: 

Compensation  for  extra  services,  1398. 

Compensation  for  subagent,  1398. 

Detail  of  Army  officer  as,  1396, 1397. 

Issuo  of  goods  and  money  to  Indians,  1399 

Salo  by,  of  live  stock,  1401. 

Secretary  of  Interior  to  control,  940, 1397. 
INDIAN  COUNTRY.    See  also  Indian  agents:  see 
also  Indian  scouts'  see  also  Indians. 

ARRESTS— 

of  Indians  by  military  force,  1412. 
of  Persons  unlawfully  in,  etc.,  1410. 


724 


INDEX. 


INDIAN  COUNTRY— Continued. 

Distilleries.    See  this  title,  Intoxicating  liquors. 
EMPLOYMENT  OF  MILITARY  FORCE— 
in  Apprehension  of  persons  unlawfully  in,  1410. 
in  Arrest  of  Indians  charged  with  crime,  1412. 
Limit  of  period  of  detention  of  persons,  1411. 
in  Preventing  etc.   hostilities  between  tribes, 

1412. 

in  Removal  of  persons  unlawfully  in,  1409. 
in  Removal  of  unauthorized  settler,  1400. 
INTOXICATING  LIQUORS— 
Distilleries  for  making,  setting  up,  penalty, 

1407. 

Found  concealed  in,  disposition,  1406. 
Introducing  prohibited,  penalty,  1403, 1404. 
Introduction  may  be  authorized,  1403. 1404. 
Prosecution  of  Army  personnel  for  introducing, 

1408. 

Search  for  concealed,  to  be  instituted,  1406. 
Wines  for  sacramental  purposes,  1405. 
PROHIBITED  ACTS.    See  also  this  title,  Intoxicating 

liquors. 

Cutting,  etc.,  trees,  1311. 
Removing  live  stock  without  authority,  1402. 
Settling  upon,  making  survey,  1400. 
INDIAN  RESERVATIONS.    See  Indian  country 
INDIAN  SCOUTS: 
See  also  Indian  country. 
may  Enlist  in  Regular  Army,  334. 
who  Furnish  horses,  etc.,  additional  pay,  334,  696. 
Pay  and  organization,  696. 
Restrictions  upon  purchase  of  horses,  539,  540. 
INDIAN  TRIBES: 

Preventing,  etc.,  hostilities  between,  1412. 
INDIAN  WARS: 

Records  of,  disposition,  441. 
INDIANS.    See  also  Indian  country. 
Arrest  of,  by  military  force,  1412. 
Issuance  of  rations  to,  may  be  authorized,  599. 
Issues  of  goods  and  money  to,  1399. 
Permits  to  enter  Texas,  limitation  upon,  1413. 
Purchases  from,  in  open  market,  1240. 
Sale,  etc.,  of  liquors  to.    See  Indian  country. 
Sale  of  live  stock  for,  1401. 
INFANTRY: 

Bands,  composition  and  organization,  1099. 
Chaplains  for  each  regiment,  902. 
Colored,  two  regiments  authorized,  1096. 
Companies,  composition,  etc.,  1097, 1098. 
Details  on  regimental  staffs,  officers  available, 

1100. 

Regiments,  composition  and  organization,  1095. 
Reorganization  act,  vacancies  due  to,  1101-1103. 
Volunteer,  medical  personnel,  1385. 
INJUNCTIONS 
by  Persons  aggrieved  by  distress  warrants,  234, 

235. 
INJURY 

of  Laborers,  etc.    See  Laborers. 
INSANE  PERSONS: 
California  Asylum  for,  1526. 
Filipino  soldiers,  treatment  of,  1527. 
Government  asylum  for.    See  Government  Hospi- 
tal for  Insane. 

INSIGNIA.    See  also  Badges;  Medals  of  Honor. 
Wearing  unlawfully,  penalty,  1025. 
Worn  in  lieu  of  medals  of  honor,  1014. 


INSPECTIONS: 

Of  an  office  or  establishment.    See  fh  e  specific  title. 
See  also  Inspector  General's  Department. 
of  Accounts.    See  Accounting  of  public  money. 
of  Fuel.    See  Fuel. 
of  Militia.    See  Militia. 

INSPECTOR  GENERAL'S  DEPARTMENT: 
ASSISTANT  INSPECTOR  GENERAL— 

Assistant  adjutants  general  may  act,  437. 
COMPOSITION,  459. 
EXPERT  ACCOUNTANT— 

Actual  expenses  only,  for  sea  travel,  682. 

Authorized,  460. 

Entitled  to  mileage  allowed  officers,  682. 
INSPECTIONS  BY — 

of  Disbursing  officers'  accounts,  412,  461. 

of  Military  prison  accounts,  479. 

Reported  to  Congress,  413,  462. 

of  Soldiers'  Home,  464. 

of  Volunteer  Soldiers'  Homes,  463,  463*. 
OFFICERS— 

Promoted  according  to  seniority,  459. 

Vacancies,  how  filled,  459,  936. 
INSPECTORS 

of  Fuel,  District  of  Columbia,  1243. 
of  Small  arms  practice,  militia,  1357. 
INSTRUCTORS 

at  Military  Academy.    See  Military  Academy. 
at  Service  Schools,  leaves  of  absence,  1187. 
INSULAR  AFFAIRS,  BUREAU  OF: 
Assistant  to  Chief,  detail  of,  157-159,  384. 
Chief,  appointment  of,  156. 
Chief,  rank,  pay,  etc.,  155, 156. 
Details  with,  detached  service  law,  938|. 
Division  of  Insular  Affairs,  continued,  155. 
Scope  of  business  of,  155. 
INSURRECTION: 
CAPTURED  OR  ABANDONED  PROPERTY— 

Trading  in,  by  persons  in  military  service,  1432. 
COMMERCIAL  INTERCOURSE— 

Aliens  included  in  prohibition  against,  1422. 

Fraud,  investigations  to  detect,  1426. 

may  be  Licensed  to  certain  extent,  1423, 1424. 

in  Loyal  sections  controlled  by  insurgents,  1421. 

Offenses  against  restrictions,  penalty,  1425. 

Prohibitions,  extent  of,  1422. 

Transportation  of  suspected  goods  forbidden, 

1431. 
CONFISCATION  OF  PROPERTY— 

Condemnation  proceedings,  where  had,  1428. 

Condemnation  proceedings,  who  may  institute, 
1430. 

Goods  coming  from  hostile  sections,  1420. 

on  Inland  waters,  not  maritime  prize,  1429. 

Proceeds,  disposition  of,  1430. 

Transported  against  orders,  1431. 

Used  in  aiding  insurrection,  1427. 
Customs  duties,  1433-1436. 
PORT  OF  ENTRY— 

Change  of,  by  President,  1433-1436. 

Closing  authorized,  1438. 
Proclamation  to  disperse,  1419. 
in  States.    See  States. 
STATES  IN  INSURRECTION— 

Declaration  of  President,  1420. 
SUPPRESSION— 

Military  forces  may  be  used,  1417, 1418. 

Militia  may  be  called,  1415, 1417, 1418. 
NATIONAL  CEMETERIES.    See  Cemeteries. 


INDEX. 


725 


INSURRECTION-Continued. 

VESSELS— 

Attempt  to  enter  closed  port,  forfeiture,  1436. 
Clearance,  bond  for  specified  delivery,  1440. 
Clearance,  refused,  when,  1439. 
Confiscated,  when,  1420. 
Employment  of,  collecting  revenue,  1437. 
of  Insxirgents,  when  forfeited,  1438. 
Seized,  condemnation  proceedings,  303. 
INTEREST: 

on  Claims,  not  until  after  judgment,  290. 

on  Deposits  by  enlisted  men,  717. 
INTERIOR    DEPARTMENT: 

Contracts  filed  in  Returns  Office,  1211. 

Records  of  Indian  wars  transferred  from,  441. 
INTOXICATING  LIQUORS: 

Sale,  at  Army  posts,  etc.,  prohibited,  1295. 

Sale,  etc.,  to  Indians.    See  Indian  Country. 

Sale,  within  1  mile  of  Soldiers'  Home,  forbidden, 

1523. 
INVASION: 

Militia  may  be  called  forth  to  repel,  1339, 1340. 
INVENTIONS.     See  also  Patents. 

Expenditure  of  public  money  upon,  restricted, 
876. 

Patentable,  expenditures  at  armories,  865. 

Suits  upon,  jurisdiction  of  Court  of  Claims,  299. 
IRON  AND   STEEL,  BOARD  FOR  TESTING. 

See  Ordnance  Department. 
ISTHMIAN  CANAL.    See  Panama  Canal. 
JUDGE  ADVOCATE  GENERAL'S    DEPART- 
MENT: 

Acting  judge  advocates,  detail,  469. 

Composition,  465. 

Details   not    covered  by  detached-service  law 
384,  937. 

Judge  advocate  General,  duties,  471. 

Judge  advocates.    See  Judge  advocates. 

Military  prison.    See  Military  prison. 

Number  of  majors  increased,  466. 

Promotions  in,  how  made,  467. 

Vacancies  in,  method  of  filling,  468. 
JUDGE    ADVOCATES. 

See  also  Courts-martial. 

See  also  Judge  Advocate  General's  Department. 

to  Administer  oaths,  for  certain  purposes,  473. 

Appointment,  qualifications,  468. 

Assignment  of  one  to  Military  Academy,  1116. 

Detail  of  acting,  469. 

under  Direction  of  Judge  Advocate  General,  470. 

Duties,  470. 

Number  increased,  466. 
JUDGMENT: 

on  Claims.    See  Court  of  Claims. 
JURISDICTION: 

of  a  particular  court.    See  the  court. 

over  Claims.    See  Claims. 

over  Offenses  on  high  seas,  300. 
JURY  SERVICE: 

Employees  of  armories  exempted  from,  860. 
JUSTICE,  DEPARTMENT  OF.    See  also  Execu- 
tive Departments. 

Attorney  General.    See  Attorney  General. 

Officers  and  employees,  duties,  138,  263. 
KNOT: 

Worn  in  lieu  of  medal  of  honor,  1017. 
LABOR  DAY: 

made  Legal  holiday,  56. 


LABOR,  DEPARTMENT  OF.    See  Secretary  of 

Labor. 
LABOR,  HOURS  OF: 

in  Executive  departments.    See    Executive    de- 
partments 

of  Laborers,  etc.    See  Laborers. 
LABORERS: 

Beneficiary  in  case  of  death  from  injuries,  67. 

Compensation  for  injury,  to  whom  payable,  69. 

in  Departments.    See  Executive  departments. 

Eight  hours  to  constitute  day's  work,  1218,  1219. 

Evidence  of  disability,  etc.,  to  be  furnished,  68. 

at  Headquarters,  etc.,  pay,  362,  362a,  362b. 

Injured  in  course  of  employment,  compensation, 
66-72. 

Report  of  accidents,  71. 

LAND  FORCES.    See  also  Army:    Militia;    Vol- 
unteer Army. 

Component  parts,  328,  329, 1382. 

Organization  in  exigencies,  1385. 

Strength  of,  in  time  of  war,  1391. 
LAND-GRANT  RAILROADS.    See  Bond-aided 

railroads. 
LANDMARKS: 

Declared  national  monuments,  1285. 
LANDS  INDIAN.    See  Indian  country. 
LANDS,  PUBLIC     See  Public  lands. 
LARCENY: 

of  Public  property,  penalty,  1263. 
LAUNDRIES: 

Government  steam,  restriction  on  work,  521. 
LAUNDRYMEN: 

at  Recruit  depots,  provisions  for  payment,  723. 
LAW: 

Determination   of   questions   of.    See   Attorney 

General. 
LAW  BOOKS: 

Purchase  of,  restricted,  78. 
LEASES: 

of  Lands  in  Hawaii  for  military  posts,  1292. 

of  Public  lands,  1279. 
LEAVES  OF  ABSENCE: 

Arsenals.    See  Armories  and  arsenals. 

Executive  departments.    See  Executive  depart- 
ments. 

Military  Academy.    See  Military  Academy. 

Nurse  Corps.    See  Nurse  Corps. 

of  Officers.    See  Officers,  Army — Absence. 
LEGAL  SERVICES.    See  Attorney  General. 
LETTERS.    See  also  Mail  matter. 

Military  convicts  privileged  to  send  and  receive, 
489. 

Official,  sent  free  of  postage,  252. 

Penalty  for  franking  private,  253. 

of  Soldiers  may  be  forwarded  unpaid,  251. 
LIABILITIES.  See  Outstanding  liabilities. 
LIBRARIES: 

Certain,  made  depositories  of  documents,   125, 

125a. 
LIBRARY  OF  CONGRESS: 

Chief  of  Engineers  granted  use,  800. 
LICENSES: 

to  Conduct  commerce  with  insurgents,  1423-1426. 
LlKl'TKNAXT,  ARMY: 

of  a  particular  arm  of  the  service,  see  the  specific 
title. 

First.    See  First  lieutenants. 

Fuel  and  forage  allowed,  554. 


726 


INDEX. 


LIEUTENANT,  ARMY— Continued. 

Navy,  relative  rank  with  Army,  352 

Second.    See  Second  lieutenants. 
LIEUTENANT  COLONEL,  ARMY: 

Fuel  and  forage  allowed,  554. 

Maximum  pay,  including  longevity,  654. 

Pay,  635. 

Relative  rank  with  Navy,  352. 
LIEUTENANT  COMMANDER,  NAVY: 

Relative  rank  with  Army,  352. 
LIEUTENANT  GENERAL,  ARMY: 

Fuel  and  forage  allowed,  554. 

Pay,  635. 

Relative  rank  with  Navy,  352. 

Termination  of  office,  350. 
LIFEBOATS: 

Equipment  of  Army  transports  with,  536. 
LIGHT.    See  Heat  and  light. 
LIGHT  ARTILLERY.    See  also  Artillery. 

Recruit  depot;  school  for  instruction,  1186. 
LINE  OFFICERS.    See  Officers,  Army. 
LINES  OF  COMMUNICATION: 

Establishment  of,  as  President  may  direct,  1385. 
LIQUORS.    See  Intoxicating  liquors. 
LONGEVITY  PAY.    See  Pay  of  Officers. 
LOYAL  STATES: 

during  Insurrection.    See  Insurrection. 
LUMP-SUM  APPROPRIATIONS.    See  also  Ap 
propriations. 

Estimates  for,  96, 96a. 

Expenditures  from,  restrictions,  35. 

Payment  of  additional  salaries  to  employees  from, 

prohibited,  35a. 
MACHINE-GUN  DETACHMENTS: 

Volunteer  forces,  organization,  1385. 
MACHINE-GUN  UNITS: 

Duty  with,  not  deemed  detached  service,  938J. 
MAGAZINE  RIFLES: 

Issue  to  rifle  clubs  and  schools,  954a,  954b. 

Sale,  to  rifle  clubs,  1367, 1368. 
MAGAZINES.    See  Periodicals. 
MAIL  MATTER.    See  also  Postage. 

Envelopes.    See  Envelopes. 

Franking  privilege  extended,  255. 

Letters.    See  Letters. 

Penalty  for  franking  private,  253. 
'   Registry  of  official,  free  of  postage,  257. 

Return  penalty  envelopes  may  be  used,  256. 
MAILS: 

Obstructing,  penalty,  1465. 
MAJOR,  ARMY: 

In  a  particular  arm  or  department,  see  the  specific 
title. 

Fuel  and  forage  allowed,  554. 

Maximum  pay,  including  longevity,  654. 

Pay,  635. 

Relative  rank  with  Navy,  352. 
MAJOR  GENERAL,  ARMY: 

In  a  particular  arm  or  department,  see  the  specific 
title. 

Command,  of  what  consists,  356. 

Entitled  to  three  aids,  351. 

Fuel  and  forage  allowed,  554. 

Pay,  635. 

Relative  rank  with  Navy,  352. 

Staff  of,  358-360. 
MANCHU  LAW: 

Provisions  and  scope,  384, 937-938J. 


MANEUVERS: 

Damages  to  private  property  caused  by,  162. 
by  Regular  Army  and  militia,  1296-1298. 
MARINE  CORPS: 

Army  supplies  furnished  while  on  shore  duty,  517. 
Articles  of  War,  when  subject  to,  305. 
Deceased  officers  and  men,  settling  accounts,  1060. 
Purchase  of  ordnance  by  officers,  843. 
Purchase  of  quartermaster  supplies  by  officers  of, 

588a. 

Purchase  of  subsistence  by  personnel  of,  588. 
Rations  furnished,  serving  with  Army,  590. 
Sale  of  stores  to  Army  personnel,  588. 
Shore  duty,  subject  to,  304. 
Transfer  to,  by  enlisted  men,  1036. 
MARITIME  PRIZES: 

Captures  on  inland  waters  not  considered,  1429. 
MARKSMEN: 

Additional  pay  for  qualifying,  699. 
MARSHALS: 

Fees  in  civil  rights  actions,  1451. 
Warrants  and  process  to  be  executed  by,  1450. 
MASTER  ELECTRICIANS: 
in  Quartermaster  Corps,  number,  506a. 
Rate  of  pay,  695. 
MASTER  GUNNERS: 

Rate  of  pay,  695. 
MASTER  OF  THE  SWORD: 

Military  Academy,  pay,  etc.,  1131, 1132. 
MATERIALS: 

American,  to  have  preference,  1205,1234. 
Bonds  to  cover  payments  for,  1217. 
Proceeds  of  sales  of  old,  disposition,  404. 
MECHANICS.    See  also  Laborers. 
Designated  as  horseshoer,  pay,  703. 
Eight  hours  to  constitute  day's  work,  1218,  1219. 
Executive  departments,  employment  restricted, 

28. 

in  Field  Artillery,  pay,  697,  698. 
MEDALS     OF     HONOR.     See     also     Badges; 

Insignia. 

Appropriation  available  for,  1017. 
ISSUE  OF— 

to  Militia  and  Volunteers,  authorized,  1385. 

to  Persons  after  separation  from  service,  1014. 

by  President  authorized,  1013. 
REPLACEMENT— 

of  Lost,  1015. 

of  Worn-out,  1016. 

Rosettes  or  insignia  worn  in  lieu,  1014, 1017. 
MEDICAL  CORPS.    See    also     Medical    Depart- 
ment. 
APPOINTMENTS — 

Contract  surgeons  eligible,  733. 

Examination  by  medical  board,  732. 

Limitation  upon  annual  number,  734. 
Composition,  729. 

Comprises  part  of  Medical  Department,  728. 
OFFICERS — 

Assignment  to  duty  by  Secretary  of  War,  741. 

Attendance  on  families  of  officers  and  soldiers, 
742. 

Command,  rank  gives  no  right  to,  355. 

Cooking  by  enlisted  men,  superintendence,  74  5. 

Rank  and  precedence,  730,  731. 

Record  of  sick  and  wounded,  439. 

Saving  clause  in  reorganization  act,  737. 


INDEX. 


727 


MEDICAL  CORPS— Continued. 

PROMOTIONS— 
According  to  seniority,  734. 
after  Examination,  735,  736. 
Examination,  effect  of  failure,  735,  736. 
Limitation  upon  annual  number,  734. 
MEDICAL  DEPARTMENT: 

Accounts,   settlement   with  other  bureaus,  etc., 
775a. 

Composition,  728. 

Contract   dental  surgeons.    See   Contract  dental 
surgeons. 

Contract  surgeons.    See  Contract  surgeons. 

Dental  Corps.    See  Dental  Corps. 

Dental  Surgeons.    See  Dental  surgeons. 

Employment  of  civilian  physicians,  779. 

Enlisted  men.    See  Hospital  Corps. 

Hospitals.    See  Hospitals. 

Hospital  Corps.    See  Hospital  Corps. 

Hospital  Matrons.     See  Hospital  matrons. 

Hospital  Stewards.    See  Hospital  stewards. 

Major  general,  office  to  cease  on  vacancy,  927g.      *• 

Medical  Corps.    See  Medical  Corps. 

Medical  Reserve  Corps.      See   Medical    Reserve 
Corps. 

Nurse  Corps.    See  Nurse  Corps. 

Officers.    See  Medical  Corps. 

Sanitary  equipment,     loan  to  Red  Cross,  775b, 
775c. 

Supplies,  sale  to  American  Red  Cross,  775a. 

Surgeon  General.    See  Surgeon  general. 

Surgeons.    See  Surgeons,  Army. 
MEDICAL  INSPECTORS: 

of  Volunteer  forces,  1393. 

MEDICAL  RESERVE  CORPS.    See  also  Medi- 
cal Department. 

Assignment  to  active  duty,  restrictions,  746. 

Appointments,  contract  surgeons  eligible,  745. 

Appointments,  rights  and  privileges,  744. 

Comprises  part  of  Medical  Department,  728. 

Officers,  when  subject  to  Army  regulations,  747. 

Pay  of  members  on  active  duty,  747. 

Pensions  to  members,  restrictions,  748. 

President  authorized  to  discharge  members,  746. 

Rank  of  members  while  on  active  duty,  744. 

Retirement  of  members,  748,  749. 
MEDICAL  TREATMENT: 

of  Army  personnel  in  private  hospitals,  776,  776a. 

of  Families  of  officers  and  soldiers,  742. 
MEMBERSHIP   FEES: 

Payment  from  public  money  restricted,  81. 
MEMBERS  OF  CONGRESS.    See  Congress. 
MERIT,  CERTIFICATES  OF.     See  Certificates— 

of  Merit. 
MESSENGERS: 

in  Army,  pay,  etc.,  362,  362a,  362b. 

in  Executive  departments.     See    Executive  de- 
partments. 

at  Headquarters,  restriction  on  detail,  31. 
MESS  SERGEANTS: 

Rate  of  pay,  697. 
MEXICAN  WAR: 

Enlistments  in,  desertion  charge  removed,  449, 

450. 
MEXICO: 

Employment  of  armed  forces  in,  justified,  1475a. 

Exportation  of  arms  to  may  be  prohibited,  1475. 

Hostility  to  people  of,  disclaimed,  1475b. 


MILEAGE: 
Of  a  particular  or  class  of  officers,  see  the  specific 

title;  see  also  Transportation. 
Accounts  computed  by  mileage  tables,  676,  678. 
Allowance  if  station  changed  while  on  leave,  679. 
Appropriations  for,  688,  689. 
Computed  over  shortest  route,  675,  678. 
Deductions,  for  transportation  in  kind,  685. 
Deductions  for  travel  on  free,  etc.,  roads,  686,  687- 
of  Officers  detailed  abroad,  673. 
of  Officers  on  discharge,  680. 
Orders  involving,  to  state  duty  enjoined,  677. 
Rate  of  allowance,  7  cents  per  mile,  678. 
Secretary  of  War  to  define  terms  of,  671. 
Travel  and  duty  "without  troops"  to  be  defined 

671. 

Travel  expenses  in  lieu  of,  680. 
MILITARY  ACADEMY: 

Academic  Board,  1162. 
.    ACADEMIC  STAFF— 

not  Entitled  to  separate  command,  1114. 
ADJUTANT— 

Detailed  by  Secretary  of  War,  1108. 
Pay,  1135. 
APPROPRIATIONS.  See,  this  title,   Contingent  fund; 

see,  this  title,  Superintendent. 
ARMY  SERVICE  DETACHMENT.    See  this  title,  En- 
listed men. 

ASSISTANT    INSTRUCTORS.      See    this   title,  In- 
structors. 

ASSISTANT  PROFESSORS.      See   this  title,   Pro- 
fessors. 
BAND— 
Competition  with  civilian  bands  prohibited, 

1167. 

Composition,  1166,  1167. 
Musicians,  number  and  pay,  1165,  1166. 
Music  outside  reservation,  no  extra  pay,  1167. 
BOARD  OF  VISITORS— 
Appointment,  1174. 
Duties,  1175. 
Expenses,  1174. 
BUILDINGS— 

Erection  of  churches,  when  allowed,  1181. 
Hotel,  disposition  of  rent,  1178. 
CADET  BATTALION— 
Composition,  1158. 
Encampments  and  instruction,  1158. 
CADET  MESS— 

Purchases  for,  1136. 
CADETS— 
Appointment — 
of  Cadets  found  deficient,  1162. 
Candidates'  traveling  expenses,  1152. 
Conditional  until  admitted,  1145. 
Date  of  admission  changed,  1149. 
Examination  before  admission,  1147. 
One  year  before  admission,  1145. 
Physical  examination,  1148. 
by  President,  1139. 

Qualifications.    See  this  subdivision,  Quali- 
fications. 

Courts-martial,  1163,  p.  615. 
Dismissal— 

for  Hazing  not  to  be  reappointed,  1164. 
from  District  of  Columbia,  1144. 
Duties.    See  this  subdivision,  Service. 


728 


INDEX. 


MILITARY  ACADEMY— Continued. 
CADETS— Continued. 
Graduates- 
Commissioned  second  lieutenants,  1154,  1155. 
Commission  in  Corps  of  Engineers,  784,  786. 
Detail  as  instructor,  restricted,  1130. 
Mileage  from  home  to  station,  1157. 
Pay  as  second  lieutenant,  1156. 
Hazing — 

Dismissal  for,  authorized,  1164. 
Punishment  prescribed  by  superintendent, 

1164. 

at  Large,  number,  1140. 
Number- 
Authorized  from  States,  etc.,  1139. 
Increased,  1141, 1144. 
at  Large,  limited  to  40, 1140. 
Oath,  1150. 
Pay- 
Commences  at  admission,  1145. 
of  Graduates  commissioned,  1154. 
Rate,  1153. 

from  Philippine  Islands,  1143. 
from  Porto  Rico,  1142. 
Qualifications — 
Age  limit,  1146. 
Educational,  1147. 

Resident   of   State,    etc.,    from   which    ap- 
pointed, 1139. 
Service- 
Articles  of  service,  1151. 
Period  of,  1151. 

Place  of,  as  President  directs,  1159. 
Studies- 
Alcohol  and  narcotics,  1161. 
Military  instruction,  1158. 
Sunday  study  not  required,  1160. 
CHAPLAIN— 

Appointment  and  term  of  office,  1133. 
Pay  and  allowances,  1133. 
COMMANDANT  OF  CADETS— 
Appointment,  by  President,  1108. 
to  Command  battalion  of  cadets,  1112. 
Instructor  of  tactics,  1112. 
Local  rank  lieutenant  colonel  of  Engineers,  1110. 
Pay  of  lieutenant  colonel,  1113. 
Selected  from  any  arm  of  service,  1109. 
Commissary  and  quartermaster,  1136. 
Constructing  quartermaster,  1137. 
CONTINGENT  FUND— 
Annual  accounting,  1178. 
Creation,  1178. 
Courts-martial,  1163,  p.  615. 
Dental  surgeon  detailed,  755. 
ENLISTED  MEN— 

Army  service  detachment,  number,  1170. 
Army  service  men,  pay,  1169. 
Artillerymen  mustered  out  and  reenlisted,  1168. 
Cavalry  detachments,  number,  1170. 
Engineer  detachment,  number  and  pay,  1171. 
Pay,  1176. 
Gas.    Sale  of,  1178. 
GRADUATES.    See  this  title,  Cadets. 
HAZING.    See  this  title,  Cadets. 
HOTEL— 
Disposition  of  rent  from,  1178. 


MILITARY  ACADEMY— Continued. 
INSTRUCTOES— 

Assistant  instructors,  pay,  1127. 

Assistant  instructors  of  tactics,  pay,  1128. 

Detail  of  graduates  as,  restricted,  1130. 

Enumerated,  1106. 

of  Military  Hygiene,  1123. 

Pay,  1125. 

Retirement  status,  1125. 
Leaves  of  absence  to  officers,  1138. 
LIBEAEY— 

Depository  of  Government  publications,  1173. 

Depository  of  public  documents,  125. 

Furnished  copy  of  each  Senate  Document,  1172. 

Pay  of  librarian  and  assistant,  1134. 

Subscriptions,  for,  payment  in  advance,  1178a. 
MASTEE  OF  THE  SWOED — 

Creation  of  office,  1106. 

Duties,  1131. 

Line  officer  to  perform  duties  of,  1131. 

Pay  and  rank,  1132. 
NONCOMMISSIONED  OFFICERS— 

See  also  this  title,  Enlisted  men. 

Pay,  1176. 
OFFICERS.    See  also  throughout  this  title. 

Detailed  from  any  arm  of  service,  1109. 

Enumerated,  1106. 

Rank,  gives  no  right  to  command,  1114. 
Polo  ponies,  purchase  for,  542. 
PEOFESSOES— 

Appointed  by  President,  1108. 

Assistant  professor  of  English,  1122. 

Assistant  professor  of  history,  1122. 

Assistant  professors,  officers  detailed  as,  1108. 

Assistant  professors  of  ordnance,  pay,  1120. 

Assistant  professors,  pay,  1127. 

Associate  professors  of  mathematics,  1117. 

Associate  professors  of  modern  languages,  1118. 

Associate  professors,  rank  and  command,  1126. 

Command  only  in  Academy,  1126. 

Detail  of  graduates,  restricted,  1130. 

of  English,  civilians  to  be  appointed,  1121. 

Enumerated,  1106. 

of  Law,  assigned  from  Army,  1116. 

of  Law,  Judge  Advocate  assigned,  472. 

of  Military  hygiene,  rank,  1124. 

of  Ordnance  and  gunnery,  1119. 

Pay,  restrictions,  1125. 

Rank  in  Army,  1126. 

Retirement  status,  1125, 1129. 
PUECHASES.    See  this  title,  Supplies. 
Quartermaster  and  commissary,  1136. 
SALES— 

of  Gas,  1178. 

of  Unserviceable  instruments,  1179. 
STUDIES.    See  this  title,  Cadets. 
Subscriptions,  payment  in  advance,  1178a. 

SUPEEINTENDENT— 

to  Account  annually  for  contingent  fund,  1178. 
Appointed  by  President,  1108. 
Appropriation  for  contingencies,  1177. 
Command  of  Academy,  etc.,  1111. 
Court-martial  for  trial  of  cadets,  1163,  p.  615. 
Creation  of  office,  1106. 
Leave  of  absence  to  which  entitled,  1115. 
Leaves  of  absence  to  professors,  etc.,  1138. 


INDEX. 


729 


MILITARY  AGADEMY-Continucd. 

SUPERINTENDENT— Continued. 
Pay  of  colonel,  1113. 
Rank  of  colonel  of  engineers,  1110. 
Selected  from  any  arm  of  service,  1109. 

Supervision  by  War  Department,  1107. 

SUPPLIES— 

Purchase,  by  contract  or  otherwise,  1158a. 
MILITARY  ATTACHES.    See  also  Observers. 

Detail  of  retired  officers  as,  673. 

Mileage,  etc.,  to  which  entitled,  958. 
MILITARY    AVIATORS.    See    Signal    Corps- 
Aviation  Section. 
MILITARY  CABLE  LINES: 

Destruction,  injury,  etc.,  penalty,  900. 
MILITARY  COMMISSIONS: 

Personnel,  1385. 

MILITARY  CONVICTS.    See  Military  prison. 
MILITARY  DUTY.    See  Military  service. 
MILITARY      ESTABLISHMENT.      See      also 
Army;  Militia;  Volunteer  forces. 

Permanent,  to  consist  of  Regular  Army,  330.    *• 
MILITARY  EXPEDITIONS: 

in  Violation  of  neutrality,  1471, 1472. 
MILITARY  FORCE.    See   Employment  of  mili- 
tary force. 
MILITARY  HEADQUARTERS: 

Clerks  at,  restriction  on  detail,  31,  362b. 

Employees,  pay,  etc.,  362,  362a,  362b. 

Establishment  of,  364. 
MILITARY  HYGIENE: 

Professor  of,  at  Military  Academy,  1123, 1124. 
MILITARY  INFORMATION: 

Expenses  of  officers  detailed  to  obtain,  673. 
MILITARY  INFORMATION  SECTION: 

Expenses  of  observers  paid  from  appropriation 

for,  673a. 
MILITARY  INSTRUCTION: 

At  a  particular  school,  see  the  specific  title. 

Details  of  officers  as  instructors.    See  Details. 
MILITARY      ORDER      OF      THE      LOYAL 
LEGION: 

Unauthorized  wearing  of  badge,  penalty,  1025. 
MILITARY     PARKS.     See     National    military 

paries. 

MILITARY  POSTS.    See  also    Military  reserva- 
tions. 

Appropriations,  expenditures  restricted,  803. 

Bakeries,  purchase  of  equipment,  1237. 

Barracks.    See  Barracks. 

Chaplains.    See  Chaplains. 

Commissary    sergeants.    See    Commissary    ser- 
geants. 

Contracts  for  repairs,  etc.,  after  advertising,  546. 

Epidemic  and  contagious  diseases,  778. 

Establishment,  Congress  must  authorize,  1289. 

Exchanges.    See  Post  exchanges. 

Gardens,  public  moneys  not  expended  upon,  518. 

Ordnance  sergeant  to  be  at  each,  819. 

Quartermaster  sergeants.    See  Quartermaster  ser- 
geants. 

Quarters.    See  Quarters,  Army. 

Sale  of  intoxicating  liquors  at,  forbidden,  1295. 

Schools,  purchase  of  equipment  for,  1237. 
MILITARY  PRISON  (Sees.  1344  to  1361,  R.  S., 
inclusive,  relating  to  the  Military  Prison  were 
repealed  by  the  act  of  March  4,  1915.    See  Dis- 
ciplinary barracks). 


MILITARY  PRISON-Continued. 

ACCOUNTS— 

Annual  inspection,  479  (repealed). 
BRANCH  PRISONS — 

Authorization,  476  (superseded). 
Changed  to  disciplinary  barracks,  475a,  475b. 
COMMANDANT— 

Bond  of,  482  (repealed). 

Powers  and  duties,  481  (superseded). 

Record  of  good  conduct  kept  by,  488  (super- 
seded). 

Report  cases  of  solitary  confinement,  491  (re- 
pealed). 
COMPANIES— 

Organization,  1104. 
CONTROL— 

Vested  in  Commissioners  of  Soldiers'  Homa,  477 

(repealed). 

CONVICTS.    See  this  title,   Prisoners. 
DETACHMENT: 

Composition,  704. 

Pay  of  enlisted  men,  704. 
ENLISTED  MEN.    See  this  title,  Detachment. 
ESCAPE— 

Officer  suffering  prisoner  to,  penalty,  484  (re- 


Soldier  suffering  prisoner  to,  penalty,  485  (re- 
pealed). 

E  ST  A  B  LISHMENT— 

at  Fort  Leavenworth,  475  (superseded). 

at  Rock  Island,  474  (superseded). 
GOVERNMENT.    See  this  title,  Control. 
INSPECTION— 

of  Accounts,  479  (repealed). 

Annual,  by  Secretary  of  War,  478  (repealed). 
OFFICERS— 

Composition,  480  (superseded). 

Detailed  by  Secretary  of  War,  480  (superseded). 

Not  to  be  interested  in  contracts,  483  (repealed). 
PRISONERS— 

Discharged,  clothing  furnished,  494  (repealed). 

Employment,  disposition  of  proceeds,  486  (re- 
pealed). 

Escape.    See  this  title,  Escape. 

Food,  bedding,  baths,  etc.,  490  (repealed). 

Manufacture  of  military  supplies,  487. 

Privileges  as  to  books,  visitors,  etc.,  489  (re- 
pealed). 

Record  of  good  conduct  kept,  488  (superseded). 

Remission  of  portion  of  sentence,  488  (super, 
seded). 

Restoration  to  duty,  488  (superseded). 

Solitary  confinement  authorized,  491  (repealed). 

Subject  to  Articles  of  War,  493  (repealed). 

Whipping,  branding,  etc.,  prohibited,  492  (re- 
pealed). 

Repealing  provision,  475a,  475b. 
MILITARY  PUBLICATIONS: 

Purchase  of,  for  militia,  1354. 
MILITARY  RECORDS: 
of  Indian  Wars,  441. 
of  Revolutionary  War,  440,  442. 
of  War  of  1812,  440. 
MILITARY  RESERVATIONS.    See  also   Milt- 

tary  Posts;  Reservations. 
Arson  on,  penalty,  1316. 

Excepted  from  laws  relating  to  town  sites,  1269. 
Exclusive  jurisdiction  vested  in  Congress,  1280. 


730 


INDEX. 


MILITARY  RESERVATIONS— Continued, 
in  Hawaii,  leasing  of  lands  for,  authorized,  1292. 
Injury  to  defense  systems,  penalty,  1315. 
Leases  of  lands  within,  authorized,  1281. 
Roads,  etc.,  across,  when  permitted,  1284. 
Unlawful  entry  upon,  penalty,  1317. 
MILITARY  SCHOOLS: 
for  a  particular  school,  see  the  specific  title. 
Militia  officers  attending,  1334. 
MILITARY  SECRETARIES: 

to  General  staff  officers,  prohibited,  369. 
MILITARY  SECRETARY'S  DEPARTMENT. 
See  also  Adjutant  General's  Department;  Record 
and  Pension  Office. 

Changed  to  Adjutant  General's  Department,  436. 
Composition,  434. 
Creation,  434. 
Promotions  in,  434. 
MILITARY  SERVICE: 

Age  limit  of  citizens  liable  to,  327. 
MILITARY  SOCIETIES: 

Badges  of.    See  Badges. 

MILITARY  STOREKEEPER.    See  also  Store- 
keeper. 

at  White  House,  retained,  513. 
MILITARY  SUPPLIES.    See  also  Public  prop- 
erty; Supplies,  Army. 

Damage  or  shortage,  charged  against  pay,  691. 
Manufacture  at  military  prison,  487. 
MILITARY  TACTICS: 

Details  as  instructors  of.    See  Details. 
MILITARY  TELEGRAPH  CORPS: 

Certificates  of  service  in,  458. 

MILITARY  TELEGRAPH  LINES.    See    Tele- 
graph lines. 

MILITARY  TELEPHONE  LINES: 
Destruction,  injury,  etc.,  penalty,  900. 
MILITARY  TRAINS: 

of  Volunteer  forces,  establishment,  1385. 
MILITARY  TRIBUNALS.    See  Courts  Martial. 
MILITIA.    See  also  Volunteer  Army. 
AMMUNITION.    See  also,  this  title,  Arms  and  ac- 
coutrements. 

Exchange  of  old  for  new,  1361. 
Issues  to  Territorial  Militia,  1380, 1381. 
for  Small  arms,  etc.,  issue  to,  1362. 
for  Target  practice  furnished  by  United  States, 

1360. 

Ancient  organizations  to  retain  privileges,  1327. 
Apportionment,  1341. 

APPROPRIATIONS.    See  also  Appropriations. 
Allotments,  purposes  for  which  available,  1355 
Apportionment,  basis  of,  1353. 
for  Anns.    See,  this  title,  Arms  and  accouter- 

ments. 

Disbursement  of  encampment  funds.  1329. 
Payments  for  mileage  from,  628. 
Purchase  of  publications  frcm,  1354. 
Use  for  purchase  of  supplies,  1354. 

ARMS  AND   ACCOUTERMENTS— 

Accountability  for  lost  or  destroyed,  1359. 
Accounted  for  annually,  1358, 1361. 
Appropriation  for  exchange  of,  1363. 
Automatic  pistols  distributed  to,  1370. 
Distribution  to  Territories,  1380, 1381. 
Expenditures  reported  annually  to  Congress, 

1336. 
Field  Artillery  material  issued  to,  1364. 


MILITIA— Continued. 
ARMS  AND  ACCOUTERMENTS— Continued. 

Furnished  by  Secretary  of  War,  1361. 

I  ost,  examination  as  to  responsibility,  1359. 

Purchased  for  cash,  not  exchanged,  1369. 

Small  arms,  new  type,  issued,  1365. 

Title  in  United  States,  1358,  1361. 
Army  officers  detailed  for  duty  with,  957,  958, 

1332. 
ARTICLES  OF  WAR— 

When  subject  to,  1342. 
ARTILLERY — 

Ccast,  withdrawal  of  fire-control  equipment, 

1366. 
BATTALIONS — 

Inspection  of  small-arms  practice  in,  1357. 
BATTERIES— 

Horses  for  field,  number  and  care,  1364a. 

Peace  strength  of  men,  President  may  fix,  1326. 
BOARD  OF  MILITIA  OFFICERS— 

Consultation  with  Secretary  of  War,  1337,  1338. 

Expenses,  1338. 
BRIGADES— 

Composition  in  time  of  war,  357. 

Inspector  of  small-arms  practice  in,  1357. 
CLOTHING.    See  also  Clothing,  Army. 

Allowance  fixed  by  Secretary  of  War,  1362. 

Annual  expenditures  for,  reported,  1336. 
COMPANIES — 

Composition,  1322. 

in  Peace,  President  may  fix  number  of  men, 

1326. 
CORPS— 

Army,  composition,  etc.,  357. 

Engineer  Corps,  number  of  men  in  peace,  1326. 

Hospital  Corps,  number  of  men  in  peace,  1326. 

Independent  corps  to  retain  privileges,  1327. 

Signal  Corps,  number  of  men  in  peace,  1326. 
COURTS-MARTIAL— 

Composition,  militia  officers  in  majority,  1343. 

Failure  to  appear  for  muster,  trial  by,  1346. 
DISTRICT  OF  COLUMBIA— 

Army  officer  adjutant  general,  1373, 1374. 

Commanding  general,  appointment,  rank,  1372. 

Included  in  term  "State  or  Territory,"  1321. 

President  commander  in  chief,  1371. 

Retired  officer  may  be  detailed  adjutant  gen- 
eral, 959. 

Right  of  way  during  parades,  1466. 

Use  of  Washington  Barracks,  1379. 
DIVISIONS— 

Composition  in  time  of  war,  357. 

Inspector  of  small-arms  practice  in,  1357. 
DUTIES — 

See  also,  this  title,  Service. 

to  Serve  upon  call  of  President,  1344. 

Within  or  without  United  States,  1344. 
ENCAMPMENTS: 

Joint,  allotments  may  be  advanced  to  States, 
1328. 

Joint,  commanding  during,  1328. 

Joint,  date  of  payment  and  period,  1330. 

Joint,  disbursement  of  funds  for,  1329. 

Joint,  expenses  reported  to  Congress,  1329. 

Pay  for  period  of  service  on  muster,  1330. 

Practice  marches  required,  1331. 

with  Regular  Army,  1296-1298. 
Enlisted  men  detailed  for  duty  with,  1332. 


INDEX. 


731 


MILITIA— Continued. 
ENROLLMENT— 

of  Eligible  male  citizens,  1322. 
Exemptions  from  militia  duty,  1323, 1324. 
FIELD  ARTILLERY— 

Horses  for,  limit  on,  1364a. 

Issue  of  horses  to,  1364b,  1364c. 
OF  HAWAII.    See  Hawaii. 
HORSES— 

for  Field  Artillery,  number  and  care,  1364a. 

Issue  of  condemned  Army  horses  to,  1364c. 

Purchase  and  issue  to,  1364b. 
INSPECTIONS— 

Detail  of  Army  officers  as  inspectors,  1333. 

States,  etc.,  to  provide  for  annual,  1331. 
INSTRUCTION— 

Detail  of  Army  officers  as  instructors,  1333. 
Maneuvers.    See  this  title,  Encampments. 
MILEAGE— 

Payments  for,  from  militia  appropriations,  628. 
MUSTER.    See  also  this  title,  Service.  ^. 

Failure  to  appear  for,  penalty,  1346. 

Rolls  during  actual  service  to  Adjutant  General, 
1390. 

Without  further  enlistment,  1346. 
OFFICERS— 

Attending  military  schools,  allowances,  1334. 

Disbursing  officer,  accounts,  bond,  1356. 

Disbursing  ration  fund,  bond  not  required, 
1350. 

Inspectors  of  small  arms  practice,  1357. 

of  Territorial,  appointed  by  governor,  1378. 

of  Territorial,  how  elected,  1377. 

O  RG  ANIZ  ATION — 

as  in  Regular  Army,  1325. 
PAY— 

in  Actual  service,  same  as  Army,  636,  1347. 

during  Camp  or  field  service,  1356. 

during  Captivity  by  enemy,  720. 

Commencement  of,  1347. 

Commences  at  date  of  reporting,  1349. 

during  Encampment.    See  this  title,  Encamp- 
ments. 

PENSIONS.    See  Pensions. 

PRACTICE   MARCHES.    See   this   title,    Encamp- 
ments. 
RATIONS— 

Commutation,  to  competitors  in  rifle  matches, 
611a. 

Officers  given  funds  for,  not  to  give  bond,  1350. 
REGIMENTS— 

Inspector  of  small  arms  practice  in,  1357. 
RESERVE  MILITIA— 

Composition,  1322. 

Creation,  1322. 
RETURNS— 

during  Actual  service, to  Adjutant  General,  1390. 

to  President,  by  State  adjutant  general,  1335. 

of  Strength,  annually  to  Secretary  of  War,  1335. 
SERVICE— 

See  also  this  title,  Duties. 

Apportionment  among  States,  1341. 

Call  to  active  service,  by  President,  1339,  1340. 

Called  in  advance  of  volunteers,  1340. 

Congrass  may  call  forth,  1415. 

Failure  to  obey  call,  penalty,  1346. 

during  Insurrections,  1417-1419. 


MILITIA— Continued. 

SERVICE— Continued. 

to  Suppress  insurrection  in  another  State,  1416. 
Term  limited,  1344,  1345. 

"State  or  Territory"  defined,  1321. 

SUPPLIES— 
Purchase  of  publications  authorized,  1354. 

IN  TERRITORIES.    See  also  throughout  this  title. 
Command  vested  in  governor,  1375. 
Distribution  of  arms,  etc.,  1380,  1381. 
General  officers,  how  elected,  1377. 
Officers,  appointed  by  governor,  1378. 

TROOPS— 
Peace  strength  of  men,  President  may  fix,  1326. 

USES.    See  this  title,  Duties. 
MINERAL  LAND: 

of  United  States,  not  to  be  leased,  1279. 
MINES: 

Injuries  to,  penalty,  1315. 
MINORS: 

Enlistment  of.    See  Enlistment. 
MINTS: 

Certain,  to  be  depositories  for  public  funds,  181. 
MISSISSIPPI  RIVER: 

Improving,  exception  to  eight-hour  law,  1227. 

Issue  of  forage,  officers  serving  east  of,  557. 
MONEY.    See  also  Public  moneys. 

Soldiers'  Home,  officers  not  to  borrow,  1513. 
MONTHLY  REPORTS: 

Of  a  particular  department  or  office,  see  the  specific 

title. 
MONUMENTS: 

to  Soldiers,  sale  of  ordnance  for,  840,  84  . 
MOUNTED  OFFICERS.    See  also  Officers,  Army. 

Ordered  beyond  seas,  purchase  of  horses  from,  558. 
MOUNTED  SERVICE   SCHOOL: 

Depot  for  certain  recruits,  1186. 

Establishment,  purpose,  1186. 

Theoretical  and  practical  instruction  at,  1183. 
MOUNTS.    See  Horses. 
MOURNING: 

Public  buildings  not  to  be  draped  in,  122. 
MULES.    See  also  Horses. 

Purchase  of,  by  contract,  after  advertisement, 
1235. 

Purchases,  limitation  upon,  537,  538. 
MUNICIPAL  CORPORATIONS: 

Loans  or  gifts  of  condemned  ordnance  to,  849. 
MUSEUMS: 

Permits  for  examination  of  ruins,  1286,  1287. 
MUSICIANS.    See  also  Bands. 

Rate  of  pay,  in  Army,  698. 
MUSTER   ROLLS: 

of  Militia.    See  Militia. 

Overdrawn  clothing  charged  soldiers  on,  574. 

of  Volunteers.    See  Volunteer  Army. 
MUSTERS: 

of  Militia.    See  Militia. 

of  Volunteers.    See  Volunteer  Army. 
NAME: 

Cerincates  of  discharge  in  true  name,  1048. 
NARCOTICS: 

Study  of,  at  Military  Academy,  116*. 
NATIONAL  BANKING  ASSOCIATIONS: 

Designation  as  depositories  of  public  funds,  182. 
NATIONAL  BANKS: 

Designated  as  depositories,  report  of,  183. 


732 


INDEX. 


NATIONAL  CEMETERIES.    See  Cemeteries. 
NATIONAL  DEFENSES: 
Obtaining,  communicating,  etc.,  unlawful  infor- 
mation concerning,  penalty,  1317J-1317|. 
NATIONAL  FORCES.    See    also     Army;  Land 
forces;  Military  establishment;  Militia;   Volunteer 
Army. 

Composition,  327. 

NATIONAL  GUARD.    See  Militia. 
NATIONAL  HOMES  FOR  DISABLED  VOL- 
UNTEER SOLDIERS.    See     also     Soldiers' 
Home. 

Insane  of,  disposition,  1526. 
Inspection  by  Inspector  General,  463,  463£. 
Obsolete  cannon  may  be  furnished,  160,  850. 
Receipts  and  disbursements,  inspection,  463. 
NATIONAL    MILITARY     PARKS.    See    also 

Military  posts;  National  parks. 
Camps  for  military  instruction,  1297. 
Fields  for  joint  maneuvers,  1296. 
Regulations  for  maneuvers  upon,  1296. 
NATIONAL  MONUMENTS: 

Landmarks,  etc.,  may  be  declared,  1285. 
NATIONAL  MUSEUM: 

Transportation  of  property  for,  532. 
NATIONAL  PARKS.    See  also  National  military 

parks. 

Detail  of  troops  for  protection,  1300,  1301. 
Rights  of  way  over,  revocation,  1282. 
NATIONAL  QUARANTINE.    See  Quarantine. 
NATIONAL  RIFLE  MATCH: 

Rations  to  certain  competitors,  611a. 
NATIVE  ORGANIZATIONS.    See   also    Philip- 
pine Scouts;  Porto  Rico  Regiment. 
Pay  of  enlisted  men,  limitation  upon,  338. 
Pay  of  provisional  officers,  338. 
NATURALIZATION.    See  also  Citizenship. 
of  Aliens  honorably  discharged  from  Army,  1064. 
of  Aliens  honorably  discharged  from  Navy  or 

Marine  Corps,  1065. 

of  Alien  seamen  on  United  States  merchant  ves- 
sels, 1066. 

NAVAL  APPROPRIATION  ACTS: 
Contracts  under,  eight-hour  law  to  govern,  1228, 

1230. 
NAVAL  DETACHMENTS: 

on  Shore  duty,  equipage,  rations,  517,  590. 
NAVAL  FORCES: 

Property  captured  on  inland  waters,  1429, 1430. 
NAVY: 

Deceased  officers  and  men,  accounts,  1060. 
Detachments  on  shore  duty,  equipage,  etc.,  517. 
Detachments  on  shore  duty,  rations,  590. 
Detail  of  officers  to  inspect  transports,  306. 
Enlisted  men,  transfer  to  Navy  from  Army,  1036. 
Loan  of  sanitary  equipment  to  Red  Cross,  775b, 

775c. 

Officers  may  purchase  ordnance  property,  843. 
Officers,  relative  rank  with  Army,  352. 
Paymaster's  clerks,  630. 

Purchase  of  Army  stores  by  Navy  personnel,  588. 
Purchase  of  Quartermaster  supplies  by  officers  of, 

588a. 

Sale  of  stores  to  Army  personnel,  588. 
NAVY  YARD: 

Entering  to  obtain  unlawful  information  con- 
cerning, penalty,  1317i-1317J. 


NEGRO  TROOPS.    See  Colored  troops. 
NEUTRALITY: 

Acceptance  of  commission  from  belligerent,  1467. 
Arming  vessels  for  belligerent  power,  1469. 
Augmenting  force  of  belligerent  vessels,  1470. 
Clearance  to  vessel  may  be  refused,  1469a. 
Employment  of  military  force  in  enforcing,  1472, 

1472b. 
Enlisting  in  United  States  in  belligerent  army, 

1468, 1474. 

Expulsion  of  armed  vessel,  1473. 
Military  expedition,  starting  in  United  States, 

penalty,  1471, 1472. 

Proclamation  against  shipment  of  arms,  1475. 
Vessels   departing   without   clearance,   penalty, 

1469b,  1472a,  1472b. 
NEW  MEXICO: 

Peonage  abolished,  1455, 1456. 
NEWSPAPERS.    See  also  Periodicals. 
Advertisements  in.    See  Advertising. 
Expenditures  for,  by  Executive  departments,  76, 

77. 
Subscriptions,  certain  paid  in  advance,  520,  801, 

1083a,  1178a. 

Subscriptions  for  Coast  Artillery,  1083a. 
Subscriptions  for  Corps  of  Engineers,  801. 
Subscriptions  for  Military  Academy,  1178a. 
Subscriptions  from  quartermaster  funds,  520. 
NOMINATIONS: 

List  of  confirmed,  etc.,  to  accounting  officers,  11. 
NONCOMMISSIONED    OFFICERS.     See    also 

Enlisted  men.    For  a  particular  class  of  noncom- 
missioned officers,  see  the  specific  title. 
Coast  Artillery,  maximum  number,  1088. 
Field  Artillery,  pay,  1092. 
in  Indian  Scouts,  696. 
Military  Academy,  pay,  1176. 
Ordnance  Department,  returns,  834. 
Pay,  695. 

Promotion  to  second  lieutenant,  919. 
Reduction,  courts-martial  sentence,  p.  615. 
Retired,  detail  at  colleges,  etc.,  946. 
Retirement,  after  30  years'  service,  713. 
after  Retirement,  details  to  schools,  etc.,  946. 
Signal  Corps,  quarterly  returns,  901. 
Summary  court,  trial  by,  p.  615. 
NURSE   CORPS.    See  also  Hospital  Corps. 
Commutation  of  quarters,  668a,  668b. 
Composition,  769. 
Cumulative  leave,  771,  772. 
Hospital  Matrons.    See  Hospital  matrons. 
NURSES— 

Additional  pay,  limitation  on,  771. 

Appointment  by  Surgeon  General,  769. 

Burial  in  national  cemeteries,  1309. 

Cumulative  leave,  771,  772. 

Extra  employment  of,  777. 

Number,  769. 

Pay,  771. 

Qualifications,  769. 

Quarters,  commutation  of,  668a,  668b. 

Rations,  commutation  of,  612. 

Rations  in  post  or  regimental  hospitals,  598. 

Rations,  while  on  leave  of  absence,  611. 

Removal,  by  Surgeon  General,  769. 

Reserve  nurses,  assignment  to  duty,  769. 

Traveling  expenses,  allowance  for,  772$. 


INDEX. 


733 


NURSE  CORPS— Continued. 
Organization,  769. 
PAY— 

Longevity  pay,  771. 

of  Superintendent  and  nurses,  769,  771. 
SUPERINTENDENT — 

Allowances,  770. 

Cumulative  leave,  772. 

Pay,  769,  771. 

NURSES.    See  Nurse  Corps. 
OATHS: 
of  a  particular  officer,  see  the  officer.    See  also 

Articles  of  War. 

Before  whom  may  be  taken,  63. 
of  Cadets,  Military  Academy,  Form,  1150. 
to  Clothing  accounts,  who  may  administer,  153. 
Employees  not  compensated  for  administering, 

57,  58. 

Form  of  oath  of  office,  59,  60. 
by  Investigating  boards  or  officers,  64. 
Judge  advocates  to  administer  certain,  473. 
of  Office  of  employees,  disposition,  61. 
of  Office,  who  may  administer,  62. 
in  Postal  service  before  military  officers,  250. 
Summary  court  officers  may  administer,  473. 
to  Travel  accounts,  who  may  administer,  65. 
OBSERVERS: 

Additional  pay  for  qualifying  as,  699. 
of  Foreign  armies  in  field,  expenses  of,  673a. 
Number,  not  to  be  increased,  700. 
OFFICE: 

of  a  particular  officer,  see  the  officer. 
Conspiring  to  prevent  person  holding,  1445. 
Disqualification  for  holding,  130. 
Holding  two  offices  prohibited,  exception,  169, 

990. 

Oath  of.    See  Oaths. 

Officers  accepting  civil.    See  Officers,  Army. 
Recess  appointments,  confirmation,  168. 
no  Salary  unless  office  exists,  etc.,  167. 
OFFICERS.    See  the  officer  or  the  service  in  which 

engaged. 

Army.    See  Officers,  Army. 
Militia.    See  Militia. 

Prohibited  holding  two  offices,  exception,  169, 990. 
Recess  appointments,  8. 
of  Volunteers.    See  Volunteer  Army. 
OFFICERS,  ARMY.     For   a   particular   class   of 
officers,  see  the  specific  title. 
ABSENCE— 

in  Confinement  more  than  3  months,  993. 

Intemperate  habits  or  misconduct,  666. 

Leave,  credit  for  volunteer  service,  664. 

Leave,  cumulative  for  4  years,  662. 

Leave,  in  Philippines  without  return  to  United 

States,  665. 

Leave,    while   outside   United    States,    when 
deemed  to  commence,  663. 

Sickness,  wounds,  etc.,  661. 

Temporarily  in  field,  right  to  quarters,  552. 

Without  leave,  dropped  as  deserter,  992,  993. 

Without  leave,  pay  forfeited,  667. 
ALLOWANCES— 

See  also  Pay  of  Army. 

of  Heat  and  light  restricted,  556. 

Restricted  to  those  provided,  651. 
APPOINTMENTS— 

by  Commission  in  arm  of  service,  926. 

Dismissal  by  court-martial  disqualifies,  991. 


OFFICERS,  ARMY— Continued. 
APPOINTMENTS— Continued. 

of  Enlisted  men  after  examination,  919-923. 

Examining  board  to  determine  fitness,  921. 

of  Noncommissioned  officers,  919. 

Order  and  method,  918. 

to  Staff  Corps.    See  Staff  Departments. 
ASSIGNMENTS.    See  also  Details. 

Cne  regiment  to  another  in  all  arms,  935. 
Badges.    See  Badges. 
BAGGAGE — 

Lost  in  military  service,  217,  217a. 
Brevet  rank.    See  Brevet  rank. 
Cadet  service,   credit  for.    See  Pay   of  Army; 

Retirement,  Army. 
CERTIFICATES— 

of  Discharge,  replacing  lost,  1047. 

of  Eligibility.    See  Certificates  of  eligibility. 
CIVIL  (  FFICE— 

Accepting  or  holding,  vacates  commission,  995. 

Diplomatic  or  consular  acceptance  of,  997. 

Prohibited  being  elected  to,  or  holding,  960. 
CLAIMS  OF— 

Accounting  officers  may  remove  stoppage,  641. 

Deductions  from,  for  attorney's  fees,  219. 

for  Private  property  lost,  etc.,  217,  217a. 
COMMISSIONS— 

Delivery,  9. 

Recorded  and  sealed,  925. 

to  Show  appointment  in  an  arm,  926. 
Commutation  of  quarters.    See  Quarters,  Army. 
COURT-MARTIAL.    See  also  Courts-martial. 

Exempted  from  trial  by  special,  p.  615. 
DECEASED.    See  also  Articles  of  War. 

Expenses  of  interment,  1063. 

Payment  to  beneficiary,  1061, 1062. 

Settling  accounts,  method  of,  1059, 1060. 
Detached  service.    See  Detached  service. 
Details.    See  Details. 
DISABILITIES— 

Civil  office.    See,  this  title,  Civil  office. 

Claims  against  United  States,  assisting  prosecu- 
tion, 430. 
DISCHARGED— 

Evidence  of  honorably,  to  be  returned,  214. 

Honorably,  title  and  uniform,  1008. 
DISMISSED— 

by  Court-martial,  reappointment,  991. 

may  Demand  trial  by  court-martial,  994. 

in  Time  of  peace,  only  by  courts-martial,  992. 
Duties.    Pee,  this  title,  Powers  and  duties. 
EXAMINATIONS— 

for  Appointment,    Pee,  this  title,  A  ppointments. 

for  Promotion.    See,  this  title,  Promotions. 
Forage.     Fee  Forage. 

Foreign  decorations.    See  Foreign  decorations. 
Fuel.    See  Fuel. 

Heat  and  light.    Pee  Heat  and  VjU. 
INDEBTED  TO  UNITED  STATES— 

Pay  may  be  withheld,  694. 
Medals  of  honor.     Pee  Medals  o  honor. 
MEDICAL  CARE— 

Employment  of  extra  nurses,  777. 

in  Private  hospitals,  776. 
Mileage.    Pee  Mileage. 
MOUNTED— 

Additional  pay  to  those  who  provide  mounts 
637. 

Purchase  of  horses,  ordered  beyond  seas,  558. 


734 


INDEX. 


OFFICERS,  ARMY— Continued. 
Noncommissioned.    See    Noncommissioned    offi- 
cers. 

Oath  of  office,  59,  60. 
OFFENSES— 

Claims  against  United  States,  accepting  inter- 
est in,  430. 

Embezzlement  of  public  money,  428. 

Making  false  certificate,  429. 
PATENTS— 

Granted  without  payment  of  fees,  863. 
Pay.    See  Pay  of  officers. 
Pensions.    See  Pensions. 
of  Philippine  Scouts.    See  Philippine  Scouts. 
of  Porto  Rico  Regiment.    See  Porto  Rico  Regi- 
ment. 

POWERS  AND  DUTIES.    See  also  throughout  this 
'title. 

Beneficiary  to  be  designated,  1061, 1062. 

Civil  works,  employment  on,  996. 

Elections,  interference,  penalty,  1457-1461. 

as  Indian  agents,  940, 1396-1399. 

Postal  Service,  may  administer  oath,  250. 

Report  death  of  grantor  of  allotment,  712. 

Returns,  quarterly,  of  equipment,  573. 

Returns  of  signal  property,  901. 
PROMOTIONS— 

All  below  major  to  take  examination,  930. 

of  Appointees  from  civil  life,  931, 932. 

of  Appointees  from  volunteers,  931,  932. 

of  Certain,  for  service  with  Panama  Canal,  927b, 
927e,  927h,  9271. 

Failure  to  pass  examinations,  effect,  930. 

Failure  on  reexamination,  930. 

of  General  officers,  restriction,  972. 

Regimental,  act  to  correct  loss  by,  929. 

Reorganization  act,  vacancies  caused  by,  1101. 

Seniority  to  govern  hi  making,  927,  987. 

by  Seniority  in  particular  arm,  928. 

Subject  to  examination,  933. 

Temporary,  to  vacancies  caused  by  volunteer 

appointments,  1389. 
Quarters.    See  Quarters,  Army. 
Rank.    See  also  Rank,  Army. 

by  Brevet.    See  Brevet  rank. 

Relative,  of  Army  and  Navy,  352. 

Relative,  of  same  grade,  353. 

Relative,  reorganization  act,  not  to  change,  1102. 

of  Resigned  and  discharged,  1008. 
Regimental  promotion.    See,  this  title,  Promo- 

tio7is. 
RESIGNED— 

Title  and  uniform,  1008. 
Retirement.    Fee  Retirement,  Army. 
SALES  TO— 

of  Commissary  stores,  405. 

of  Subsistence  stores.    See  Subsistence  depart- 
ment. 
SERVANTS— 

Enlisted  men  not  to  act  as,  1068. 

Quarters  for,  not  allowed,  G70. 
of  Staff  Corps.    See  Staff  departments. 
Staff  duty,  appointment  to,  without  creating  va- 
cancy, 361. 

Supernumerary.    See  Supernumerary  officers. 
Thanks  of  Congress  tendered  certain,  927a. 
Tour  of  duty  in  Philippine  Islands  and  Canal 

Zone,  limit  of,  330a. 


OFFICERS,  ARMY— Continued. 

TRANSFERS — 

See  also  Details. 

from  Line  to  staff,  rank  in  line,  934. 

One  regiment  to  another  in  all  arms,  935. 
Transportation.    See  Transportation. 
Traveling  expenses.    See  Travel. 
Uniform.    See  Uniform,  Army. 
VACANCIES— 

Caused  by  details  to  Staff  Corps,  how  filled,  383. 

Caused  by  militia  detail,  how  filled,  1333. 

Caused  by  reorganization  act,  1101. 

Caused  by  retirement,  987. 

in  Second  lieutenant's  grade,  how  filled,  922. 

Temporary,  caused  by  volunteer  appointments, 

1389. 
"OFFICIAL  BUSINESS": 

Borne  on  free  mail  matter,  252. 
OFFICIAL  LETTERS.    See  Mail  matter. 
OFFICIAL  REGISTER: 
Data  as  to  salaries,  etc.,  for,  111. 
Data  for,  furnished  Director  of  Census,  105. 
OPEN  MARKET: 
Army  supplies,  purchase  in,  1198-1200. 
Executive  departments,  purchases  in,  1196. 
Horses  may  be  purchased  in,  541,  542. 
Purchase  of  subsistence  stores  in,  589. 
Purchases  from  Indians,  in,  1240. 
OPINIONS. 

of  Attorney  General.    See  Attorney  General. 
of  Heads  of  departments,  2. 
ORDNANCE:    See  also  Ordnance  Department. 
Ammunition.    See  Ammunition. 
APPROPRIATIONS— 

See  also  Ordnance  Department. 

Available  two  years,  831. 

Expenses'  of  manufacture  to  be  prorated,  861. 

Freight  not  to  be  paid  from,  on  issues  of,  848. 

Payment  of  pressing  obligations  from,  832. 

for  Tests  of  gun  carriages,  878. 
Cannon.    See  Cannon. 
DEPOTS— 

Chief  of  Ordnance  may  establish,  825. 
Exchange  of  unserviceable  powder  and  shot,  S37. 
Guns.    See  Cannon. 
IRON  AND  STEEL — 

Board  for  testing.    See  Ordnance  Department. 

Machine  for  testing,  866. 
ISSUES— 

to  Colleges  and  universities,  942,  950-955. 

of  Condemned  to  patriotic  organizations,  regu- 
lations, 849a.  • 

Freight  not  paid  by  Government,  848. 

to  Militia.    See  Militia. 

of  Obsolete  to  national  homes,  850. 

to  Schools  and  rifle  clubs,  954a,  954b. 

of  Small  arms  material  to  schools,  955. 

to  State  soldiers  and  sailors  orphan  homes, 

954,  955. 
LOANS  OR  GIFTS— 

of  Condemned  to  Grand  Army  of  the  Republic, 

etc.,  849. 

Property.    See  this  title  generally. 
PURCHASES— 

of  Articles  involving  secret  process,  829. 

for  Executive  departments,  reimbursement,  830 
SAFE-KEEPING  OF— 

Regulations  to  be  prescribed,  835. 


INDEX. 


735 


ORDNANCE— Continued. 

SALES- 
ID  American  designers,  P46. 

lo  American  Red  Cross,  844. 

of  Armament  for  sentimental  reasons,  845. 

of  Cannon.    See  Cannon. 

to  Civilian  employees  of  Army,  844. 

to  Educational  institutions,  951a,  951b. 

or  Exchange  of  unserviceable  powder  and  shot, 
837. 

to  Executive  departments,  842. 

of  Obsolete  to  patriotic  organizations,  839. 

to  Officers  of  Navy  and  Marine  Corps,  843. 

Proceeds  available  for  replacing,  838, 840. 

of  Unserviceable  powder  and  shot,  837. 
Sergeants.    See  Ordnance  Department— Enlisted 

personnel. 

Stores.    See  this  title  generally. 
ORDNANCE  BUREAU: 

Pay  of  principal  assistant  in,  817. 
ORDNANCE  DEPARTMENT: 
APPROPRIATIONS—  " 

Available  for  payment  of  expenses  of  employees, 
857a. 

Collections  for  damages  credited  to  proper,  845. 

for  Ordnance.    See  Ordnance. 
Armories  and  arsenals.  See  A  rmories  and  arsenals. 
Artificers,  detail  of,  822. 
Board    of    Ordnance    and    Fortifications.    See 

Ordnance  and  Fortifications,  Board  of. 
BOARD  FOR  TESTING  IRON  AND  STEEL— 

Compensation,  867. 

Composition,  866. 

Record  of  tests,  publication  869. 

Tests  for  private  parties,  may  make,  868,  869. 

Testing  machines,  866. 
Bureau,  principal  assistant,  817. 
Cannon.    See  Cannon. 
Clothing  allowance  for  sergeants,  575. 
Composition,  809. 
CONTRACTS— 

Reduced  to  writing  in  certain  cases,  826. 

for  Steel  after  advertisement,  827. 
DISBURSING  OFFICERS — 

Payment  of  pressing  obligations,  832. 
Draftsmen,  employment  of,  818. 
EMPLOYEES— 

of  Arsenals.    See  A  rmories  and  arsenals. 

Office  of  storekeeper  to  lapse,  512. 
ENLISTED  PERSONNEL— 

Composition  and  number,  821. 

Detail  as  artificers,  822. 

Extra  duty  pay,  not  to  receive,  562. 

Ordnance  sergeants,  clothing  allowance,  575. 

Ordnance  sergeants,  commutation  of  rations, 
611. 

Ordnance  sergeants  at  each  military  post,  819. 

Ordnance  sergeants  qualifications,  820. 
OFFICERS— 

Assigned  to  staff  duty,  rank  and  pay,  816. 

Commanding,  to  report  bimonthly,  836. 

Detailed,  Manchu  law  not  applicable,  384,  937, 
813a. 

Detail,  term,  etc.,  812,  813,  813a. 

Examination  for  detail  in,  814. 

Majors,  detail  of,  irrespective  of  continuous  serv- 
ice in,  813a. 

Promotion  of  lieutenants,  386,  787 


ORDNANCE  DEPARTMENT— Continued, 
OFFICERS— Continued. 
Promotions,  according  to  seniority,  81L 
Promotions  made  after  examination,  810. 
Quarters,  brick  house  at  proving  ground  825 a. 
Rank  from  original  detail,  815. 
Term  of  detail,  813. 

Vacancies  filled  by  details,  812-815,  936,  813a 
Ordnance,  sale,  etc.    See  Ordnance. 
Organization,  809. 
PATENTS— 

to  Officers  without  payment  of  fees  863. 
PURCHASES— 

of  Articles  involving  secre   process,  829. 
for  Executive  department,  reimbursement,  831 
of  Material  abroad,  free  of  duty,  828 
for  Philippine   Government,   reimbursement 

830. 

Sales  of  Ordnance,  etc.    See  Ordnance 
Sergeants.    See,  this  title,  Enlisted  Personnel. 
ORDNANCE         AND         FORTIFICATIONS, 

BOARD  OF: 

Allowance  to  officer  members,  877 
Composition,  870-873. 
Duties,  870-875. 

Expenditures  on  tests,  restriction,  87o. 
Experimental  guns,  878. 
Members  not  to  be  interested  in  inventions  before, 

874. 

Salary  of  civilian  member,  873. 
ORGANIZED  MILITIA.    See  Militia. 
OUTDOOR  RELIEF: 

by  Commissioners  of  Soldiers'  ITome,  1518. 
OUTSTANDING  LIABILITIES: 
Certificates  of  Secretary  of  Treasury  as  to,  242. 
Drafts,  etc.,  turned  in  to  Treasury  to  credit  of,  211. 
Payment  of  checks  which  have  been  turned  :n, 

243 

PACIFIC  COAST: 

Quartermaster  supplies  on,  advertisement  neces- 
sary, 1205. 
PACKER: 

in  Office  of  the  Chief  of  Staff,  362,  362a. 
PAMPHLETS.    See  Newspapers. 
PANAMA.    See  also  Pannma  Canal. 
Enlisted  men,  service  in,  counted  double,  1041. 
Officers,  detached  service  in,  937,  938*. 
Officers,  detail  under  government  of,  939. 
Pay,  not  increased  for  service  in,  644. 
PANAMA  CANAL.    See  also  Panama. 
Accounts  of,  examination,  200a. 
Alien  labor,  eight-hour  law  not  applicable,  1225, 

1226. 

Payments  to  for  care  of  Army  sick,  etc.,  776a. 
Rewards  to  officers  assisting  in  construction,  927a- 

927d,  9271. 

Tour  of  duty  in  Canal  Zone,  330a. 
PAPERS: 

Useless,  disposition,  132,  133. 
PARADES: 
Right  of  way  to  troops  and  militia  in  District  o' 

Columbia,  1466. 
PARDONS.    See  also  Disciplinary  Barracks;   Mill- 

irry  Prison. 

Power  to  grant,  vested  in  President  2. 
PARENT: 

Discharge  on  account  of  dependent,  1044. 
PAROLE: 
of  Military  prisoners  authorized,  488b. 


736 


IHDEX. 


PATENTS: 
Members   Ordnance    and   Fortification;    Board 

not  to  be  interested  in  any  considered  by  it,  871. 
to  Officers  without  fee,  when  'or  United  States, 

863. 

Suits  against  United  States  for  infringement,  299. 
PATRIOTIC  SOCIETIES: 
Donation  of  ordnance  to,  849a 
Sale  of  obsolete  small  arms,  etc.,  to,  839. 
Unlawful  wearing  o'  badges,  penalty,  1025 
PAY: 

of  Army.    See  Pay  of  Army. 
Clerks.    See  Pay  Department 
of  Employees  of  arsenals,  854. 
Military  Academy.    See  Military  Academy. 
of  Militia.    See  Militia. 
of  Paymaster's  clerks.    See  Pay  Department 
PAY  ACCOUNTS.    See  also  Pay  of  officers 
Assignment  by  officers,  647,  64S. 
Assignment,  by  surgeons  permitted,  740. 
PAY  OF  ARMY.    See  also  Pay  Department. 
ADVANCEMENT  OF  PAY— 

at  Distant  stations,  649. 

to  Troops  about  to  embark,  650 
ALLOWANCES— 

Clothing.    See  Clothing,  Army. 

Forage.    See  For  age. 

Fuel.    See  Fuel. 

Mileage.    See  Hailenqe. 

to  Officers,  limited,  651. 

Quarters.    See  Quarters,  Army. 

Rations.    See  Rations,  A  rmy. 

Subsistence.    See  Subsistence,  Army 
APPROPRIATION— 

Detained  pay,  repayment  from,  727. 

Disbursed  as  one  fund,  622, 689. 

Disbursed  by  quartermaster  corps,  689. 
ARREARS— 

Not  to  exceed  two  months,  625. 
Enlisted  men.    See  Pay  of  enlisted  men. 
Hospital  Matrons.    See  Hospital  matrons. 
MANNER  OF  PAYMENT— 

in    Advance.     See,    this    title,    Advancement 
of  pay. 

Arrears  not  to  exceed  two  months,  625. 

of  Enlisted  men,  certain  by  check,  627. 

of  Officers,  paid  monthly,  674. 
Militia.    See   Militia. 
Noncommissioned  officers.    See  Noncommissioned 

officers. 

Officers.    See  Pay  of  officers. 
Volunteers.    See  Volunteer  Army. 
PAY  DEPARTMENT: 
ACCOUNTS— 

Analysis  under  heads  of  appropriations,  623. 

Examination  by  Paymaster  General,  .623. 
Assistant   Paymasters    General.    See  Paymaster 

General. 
CLERKS,  PAY— 

Actual  expenses  only  for  sea  travel,  682. 

Appointment  authorized,  629. 

Appointments  of,  discontinued,  633. 

Assignment  to  duty  with  Paymaster  General, 
623. 

Commissary  sergeants  to  act  as,  498. 

Commutation  of  quarters,  668a,  66Sb. 

Designation  changed,  496. 


PAY  DEPARTMENT— Continued 
CLERKS,  PAY— Continued. 

Enlisted  men  as,  629. 

Mileage,  rates  of,  631. 

Pay  ,629, 630. 

Retirement,  age  of,  etc.,  630,  632. 

Subject  to  Articles  of  War,  634. 
Composition,  613. 
CONSOLIDATION— 

into  Quartermaster  Corps,  495. 
Deputy    Paymasters    General.    See    Paymaster 

General. 
OFFICERS — 

Bond,  amount  and  condition,  387. 

Bond,  may  be  increased,  388. 

Command,  rank  gives  no  right  to,  624. 

Promotions  according  to  seniority,  618. 

Vacancies,  how  filled,  617,  618,  933. 
Organization,  613. 

Paymasters.    See  Paymasters,  Army. 
Paymaster  General.    See  Paymaster  General. 
PAY  OF  ENLISTED  MEN.    For  pay  of  a  par- 
ticular class  of  enlisted  men,  see  the  specific  title. 
See  also  Pay  of  Army. 

ADDITIONAL  PAY.    See  also,  this  title,  Extra  duty 
pay. 

for  Certificates  of  merit,  rate,  719. 

Increase  for  reenlistnaent,  1034. 

Increases  in  time  of  war,  705. 

for  Service  outside  United  States,  restrictions, 

642-644. 
ADVANCEMENT  OF  PAY— 

at  Distant  stations,  649. 

to  Troops  about  to  embark,  650. 
ALLOTMENT  OF  PAY— 

to  Families  permitted,  regulations,  711,  712. 
Assignment  before  discharge,  invalid,  726. 
during  Captivity,  720. 

Continuous  Service.    See,  this  title,  Service  Pay. 
DEDUCTIONS.    See  also,  this  title,  Stoppiges. 

for  Absence  due  to  intemperance,  etc.,  606. 

for  Absence  without  leave,  448. 

Amounts  due  traders,  etc.,  at  recruit  depots,  723. 

for  Damages  to  arms,  etc.,  690. 

for  Soldiers'  Home  fund  discontinued,  722. 

Subsistence  store?,  amounts  due,  725. 

Tobacco,  amount  due  for,  724. 

Unauthorized  absence  on  31st,  626. 
Deposits  of  pay.  See  Enlisted  men. 
DETAINED  PAY— 

by  Sentence  of  court-martial,  repayment,  727. 
EXTRA  DUTY  PAY— 

Prohibited  if  receiving  increased  pay,  564, 56S. 

Prohibited  in  time  of  war,  exception,  567,  705. 

Rates  of,  562,  563. 

Increased.    See  this  title,  Additional  pay. 
MANNER  OF  PAYMENT— 

in    Advance.    See,    this    title,    Advancement 
of  pay. 

by  Checks  at  risk  of  United  States,  627. 
RATES— 

for  Ordinary  service,  698. 
Retained  pay  abolished,  707. 
Retired  pay.    See  Retirement  Army. 
Saving  clause,  702. 
Savings.    See  Enlisted  men. 


IKDEX. 


737 


PAY  OF  ENLISTED  MEN— Continued. 
SERVICE  PAY— 

Credit  for  service  in  Philippine  Scouts,  710. 

Credit  for  service  in  volunteers,  709. 

Rate,  when  paid,  etc.,  708. 
STOPPAGES.    See  also,  this  title,  Deductions. 

Desertion,  removal  of   charge.    See  Desertion. 

by  Sentence  of  court-martial,  repayment,  727. 

Travel  pay  on  discharge,  721. 
during  Suspended  sentence  of  dishonorable  dis- 
charge, 727a. 
beyond  UNITED  STATES— 

Rate,  restrictions,  642-645. 
WAR  PAY- 

Increase  of  20  per  cent,  705. 
PAY  OF  OFFICERS.     For  pay  of  a  particular  class 

of  officers,  see  the  specific  title.    See  also  Pay  of 

Army. 
ADDITIONAL  PAY— 

Brevet  rank  does  not  give,  638. 

for  Exercising  higher  command,  restrictions, 
639,  640. 

for  Foreign  service,  642-645. 

below  Major,  who  furnish  mounts,  637. 

for  Service  outside  United  States,  restrictions, 

642-644. 

Advancement  at  distant  stations,  649. 
Assignment  authorized,  647,  648. 
DEDUCTIONS.    See  also,  this  title,  Stoppages. 

for  Absence  due  to  intemperence,  666. 

for  Absence  without  leave,  661. 

for  Damages  to  arms,  etc.,  690,  691. 

Indebtedness  to  United  States,  694. 

for  Subsistence  stores  purchased,  692. 
Forfeiture.    See,  this  title,  Stoppages. 
Increased.    See,  this  title,  Additional  pay. 
LONGEVITY  PAY— 

below  Brigadier  general,  rate,  652. 

no  Credit  for  cadet  service,  657. 

Credit  for  service  in  Navy,  656. 

Credit  for  volunteer  service,  655. 

Limitation  upon  amount  of,  653. 

Retired  officers  not  to  receive,  exception,  659. 
MANNER  OF  PAYMENT— 

in  Advance  at  distant  stations,  649. 

Monthly  by  paymasters,  674. 
Maximum  amount  for  certain,  654. 
RATES— 

for  Different  grades,  fixed,  635. 
REPAYMENT  TO  UNITED  STATES— 

for  Defect  in  title  to  office,  etc.,  457. 
Retired  pay.  See  Retirement,  Army. 
Saving  clause,  702. 

Service  pay.    See,  this  title,  Longevity  pay. 
STOPPAGES.    See  also,  this  title,  Deductions. 

Forfeiture  by  unauthorized  absence,  667. 

Removal  by  accounting  officers,  641. 

for  Unauthorized  absence  on  31st,  626. 
beyond  UNITED  STATES— 

Rate,  restrictions,  642-645. 
WAR  PAY— 

When  officer  holds  higher  command,  639. 
PAYMASTER  GENERAL.    See  also  Pay  De- 
partment. 

Deputy  paymasters  general,  duties,  620. 
Duties,  under  direction  of  President,  619. 
Paymasters.  See  Paymasters,  Army. 

48985°— 15 47 


PAYMASTER  GENERAL— Continued. 
Paymaster's  accounts,  to  examine,  etc.,  623. 
Paymaster's  clerks,  duty  in  office  of,  623. 
Table  of  distances  to  be  prepared  by,  676. 
PAYMASTERS,  ARMY.    See  also  Pay  Depart- 
ment. 

Accounts.    See  Pay  Department. 
Additional  paymasters,  appointment,  614. 
Additional  paymasters,  duties,  621. 
Additional  paymasters,  term  of  service,  615. 
Bond,  President  may  regulate  and  increase,  185. 
Claims  of,  for  relief,  before  Court  of  Claims,  277. 
Clerks.    See  Pay  Department. 
Duties,  621. 

Losses  by,  without  fault,  decrees  in  cases  of,  280. 
PENALTY  ENVELOPES.    See  Envelopes. 
PENITENTIARIES.    See  also  Articles  of  War. 
Officers  in  confinement  in,  dropped,  993. 
Sentences  to  confinement  in,  authorized,  475c. 
PENSION  ROLL: 

Civil,  establishment  of,  forbidden,  38. 
PENSIONS: 
ARMY— 

Persons  entitled,  restriction,  1482, 1493. 
ASSIGNMENT— 

by  Inmates  of  Soldiers'  Home,  1520. 
Beneficiaries.    See,  this  title,  Persons  Entitled  to 

Receive. 
CHILDREN'S  PENSIONS— 

Increase  for  each  child  under  16,  1497. 

Rate  increased,  1498. 

Under  16  years  of  age,  entitled,  1496. 
CIVIL  WAR.    See  also  throughout  this  title. 

Deserters  restored,  entitled  to  pension,  446. 
CLAIMS— 

Absence  on  sick  leave,  how  regarded,  1494. 
Dependent  relatives  entitled,  1500. 
DISABILITIES— 

Arm  or  leg,  loss  of,  1488. 

Contracted  in  line  of  duty,  1483. 

Foot  or  hand,  loss  of,  1489. 

Hand  and  foot,  loss  of,  1487. 

Hand  or  foot,  loss  of,  1489. 

Leg  or  arm,  loss  of,  1488. 

Permanent,  specific,  1486. 

Requiring  constant  attendance,  1490. 

Requiring  frequent  attendance,  1491. 
PAYMENT— 

to  Soldiers'  Homes  of  inmates'  pensions,  1520. 
PERSONS  ENTITLED  TO  RECEIVE— 

Children.    See  this  title,  Children's  pensions. 

Dependent  relatives,  1500. 

Deserters,  after  removal  of  charge,  446,  451. 

Enumerated,  1481-1483. 

Medical  Reserve  officers,  restrictions,  748. 

Militia  personnel,  disability  in  actual  service 

•  1348. 

Period  of  service,  1495. 

Volunteers,  same  status  as  regulars,  1394. 

Widows.     See  this  title,  Widows'  pensions. 
RATES— 

See  also  this  title,  Disabilities. 

According  to  rank,  1484,  1485. 

for  Disability  requiring  attendance,  1490,  1491. 

Division  of  $18  rate,  1492. 

for  Permanent  specific  disabilities,  1486. 
REMARRIAGE— 

of  Widow,  etc.,  not  to  bar  right  af,  1501, 


738 


INDEX. 


PENSIONS— Continued. 

SOLDIERS'  HOMES— 
Assignment,  etc.,  of  inmates'  pensions,  1520. 

WIDOWS'  PENSIONS — 
Addition  for  each  child  under  16,  1497. 
Commencement  at  death  of  husband,  1496. 
Marriage,  restrictions  as  to  time,  1499. 
Rate,  etc.,  1496. 
Kate  increased,  1498. 
Remarriage  not  to  bar  right  of,  1501. 
PEONAGE: 

Abolished  in  New  Mexico,  1455,  1456. 
PER  DIEM  ALLOWANCE: 

of  Inspectors  of  Panama  Canal  accounts,  200a. 

for  Members  Ordnance  Board,  877. 

to  Receive  pay  for  holidays,  54-56. 
PERIODICALS.    See  also  Newspapers. 

Subscriptions,  payment  in  advance,  77a. 
PERMITS: 

for  Examination  of  ruins,  etc.,  1286,  1287. 
PERSONAL  INJURIES: 

to  Laborers,  artisans,  etc.    See  Laborers. 
PERSONAL  PROPERTY.    See  Public  property. 
PERSONAL  SERVICES.    See  Executive  depart- 
ments. 
PETITION: 

to  Congress,  by  employees  permitted,  42. 

to  Court  of  Claims.    See  Court  of  Claims. 
PHILIPPINE     CONSTABULARY.    See     also 
Philippine  Islands. 

Chief  and  assistants,  detail  of,  384,  941. 

Chief  and  assistants,  detail  not  covered  by  de- 
tached-service law,  937. 

Chief  and  assistants,  rank  and  pay,  941. 

Philippine  Scouts  may  assist,  340. 
PHILIPPINE   ISLANDS.    See  also   Philippine 
Constabulary;  Philippine  Scouts. 

Appointments  from,  to  Military  Academy,  1143. 

Banks  in,  designation  as  United  States  deposi- 
tories, 182. 

Contract  surgeons  in,  assignment  of  pay,  740. 

Discrimination  against  uniform,  penalty,  1010. 

Employees  detailed  in,  pay,  362b. 

Enlisted  service  in,  counted  double,  1040, 1041. 

Insane  Filipino  soldiers,  treatment  of,  1527. 

Leave  of  absence  in,  commencement,  etc.,  665. 

National  defense  secrets,  courts  in,  given  juris- 
diction over  offenses  hi  connection  with,  1317|. 

Service  on  transports,  pay  for  foreign  service,  645. 

Shelter  of  troops  in,  reports  of  expenditures,  548. 

Tour  of  duty  of  officers  in,  330a. 

Transfer  of  stores  to  Government,  417. 
PHILIPPINE     SCOUTS.     See    also    Philippine 
Islands. 

Captain  of,  creation  of  office,  etc.,  339. 

Captain  of,  limitation  of  number,  etc.,  339. 

Commissioned  service  in,  by  enlisted  men.    See 
Pay  of  Enlisted  Men;  Retirement,  Army. 

Enlisted  men,  pay  and  allowances,  338. 

Enlistment  of  native  troops  authorized,  335. 

Excepted  from  limitation  on  tour  of  duty,  330a. 

Insane,  care  and  treatment  of,  1527. 

Lieutenants,  natives  may  be  appointed,  337. 

Officers,  provisional,  pay,  338. 

Officers,  selection  for  command,  336. 

may  Serve  under  Constabulary  officers,  340. 
PHOTOGRAPH: 

Unlawful, penalty  for  making, etc.,  1317i-1317f. 


PHYSICIANS: 

Employment  of  civilian,  779. 
PHYSIOLOGY  AND  HYGIENE: 

Study  of,  at  Military  Academy,  1161. 
PISTOLS: 

Automatic,  distribution  to  Militia,  1370. 
PLEDGE: 

Receiving  public  property  as,  penalty,  220. 
PLOTTERS: 

Additional  pay  for  qualifying,  699. 

Authorized  number  not  to  be  increased,  700. 
POLITICAL  CONTRIBUTIONS: 

Soliciting  by  officers  prohibited,  172-176. 
POLO  PONIES: 

Purchase  of,  for  Military  Academy,  542. 
PORT  OF  ENTRY: 

during  Insurrections.    See  Insurrection. 
PORTO  RICO.    See  also  Porto  Rico  Regiment. 

Banks  in,  designation  as  United  States  deposito- 
ries, 182. 
.  Citizens  of,  appointed  to  Military  Academy,  1142. 

Citizens  of,  may  reenlist  in  Army,  349. 

Citizens  of,  may  be  second  lieutenants  in  Porto 
Rico  Regiment,  342,  347. 

Discrimination  against  uniform,  penalty,  1010. 

Enlisted  service  in,  counted  double,  1040, 1041. 

Enlisted  men,  service  in,  pay,  644. 

Surgeons  in,  assignment  of  pay,  740. 
PORTO  RICO  REGIMENT: 

Captains,    recommissioned    in    Regular    Army, 
346a-346c. 

Commanding  officer,  detail,  384. 

Creation,  341. 

Designation  changed,  344. 

Detached-service  law  does  not  cover  duty  with, 
937. 

Enlisted  men ,  service  in.    See  Pay  of  enlisted  men; 
Retirement,  Army. 

Enlisted  men,  pay  and  allowances,  341,  342. 

Enlistment,  term  of,  341-343. 

Field  officers,  appointment  and  number,  345. 

Officers,  appointment  and  pay,  341. 

Officers,  pay  and  allowances,  348. 

Officers,  promotion,  limitation,  342. 

Officers,  promotions  by  seniority,  348. 

Officers,  recommission,  346,  346a. 

Officers,  retirement,  348. 

Service  outside  island  of  Porto  Rico,  349. 

Vacancies  in   grade  of  second  lieutenant,  how 

filled,  342,  347. 
PORTS: 

Closed  during  insurrection.    See  Insurrection. 
POSSE  COMITATUS: 

Army  not  to  be  used  as,  exceptions,  1477, 1480. 

Civil  rights  cases,  aid  of  process,  1449. 

in  Hawaii,  governor  may  summon,  1478. 
POST  BAKERIES: 

Purchase  of  equipment  for,  1237. 
POST  CHAPLAINS.    See  Chaplains. 
POST  COMMISSARY  SERGEANTS.    See  Com- 
missary sergeants. 
POST  EXCHANGES: 

Public  buildings,  when  may  be  used  for,  1294. 

Public  funds  not  to  be  expended  upon,  1294. 

Public  transportation  may  be  furnished,  1294. 

Sale  of  intoxicating  liquor  in,  prohibited,  1295. 
POST  GARDENS: 

Public  moneys  not  to  be  expended  upon,  518. 


INDEX. 


739 


POST    ORDNANCE    SERGEANTS.    See    also 

Ordnance  sergeants. 
Pay,  695. 
POST      QUARTERMASTER       SERGEANTS. 

See  Quartermaster  sergeants. 
POST  SCHOOLS: 

Purchase  of  equipment  for,  1237. 
POST  TRADERS,  723. 
POSTAGE  STAMPS.    See  also  Mail  matter. 

Official  use,  Postmaster  General  to  furnish,  126. 
POSTAL  SERVICE: 

Persons  in,  to  take  oath,  before  whom,  249, 250. 
POSTMASTER  GENERAL: 
to  Furnish  postage  stamps  for  official  use,  126. 
Oath  of  office,  before  whom  may  be  taken,  249, 

250. 

POSTS.    See  Military  posts. 
POWDER.    Sale  or  exchange  of  unserviceable,  837. 
POWERS  OF  ATTORNEY: 

to  Receive  payment  of  claims,  240. 
PRACTICE  MARCHES: 
of  Militia.    See  Militia. 
PREMIUMS: 
for  Accepted  recruits,  1032. 
on  Bonds,  maximum  rate,  etc.,  393. 
on  Sales  of  Treasury  notes,  accounting  for,  402. 
PRESIDENT  OF  THE  UNITED  STATES.    For 
other  matters  over  which  the  President  has  less 
direct  control,  see  the  specific  title. 
APPOINTMENTS — 
of  Chaplains,  902-904. 
of  Commanding  general,  District  of  Columbia 

Militia,  1372. 

at  Military  Academy,  1108. 
of  Officers  after  adjournment  of  Senate,  9. 
Power  to  make,  7. 
of  Volunteer  officers,  1386. 
Without  consent  of  Senate,  10. 
ARMY.    See  also  throughout  this  title. 
Commander  in  Chief,  2. 
Commissions  to  be  signed  by,  925. 
Enlisted  strength  of  line,  1105. 
Medals  of  honor,  1013. 
Paymasters,  etc.,  may  increase  bonds,  185. 
Punishments,  limit  of,  prescribed,  p.  614. 
during  Recess  of  Congress,  8. 
Regulations,  publication  of,  324. 
Retiring  boards,  review  of  proceedings,  980. 
Sale  of  military  stores,  1261. 
Transportation  of  troops,  preference  to,  525. 
Uniform  and  clothing  issues  prescribed,  571. 
ENLISTED  MEN— 
Certificates  of  merit  for,  1018. 
Citizenship,  may  remit  loss  of  rights,  1052. 
EXECUTIVE  DEPARTMENTS— 
to  Designate  acting  chiefs  of  bureaus,  146. 
Designate  acting  heads,  15. 
Insurrections.    See  Insurrection. 
MARINE  CORPS— 
Shore  duty,  304. 
Military   Reservations.    See,  this    title,    Public 

lands. 
MILITIA— 

Appointments.    See,  this  title,  Appointments. 
Apportionment  to  States,  1341. 
Commander  in  Chief  of  District  of  Columbia, 

1371. 

Enlisted  strength  of  company,  troop,  etc.,  1326. 
Use  of,  to  suppress  domestic  violence,  1418. 


PRESIDENT  OF   THE   UNITED   STATES- 

Continued. 

NEUTRALITY,  ENFORCEMENT  OP.    See  Neutrality. 
Office.    See,  this  title,  White  House. 
OFFICERS— 

Brevets.    See  Brevet  rank. 

Dismissed  by,  right  to  trial,  994. 

Engineers,  duty  outside  profession,  789. 

Examination  prescribed  by,  930. 

Retirement,  at  discretion  of  President,  963. 
PAY  OF  ARMY— 

Advances  to  persons  at  distant  stations,  649. 
POWERS  AND  DUTIES.    See  also  throughout  this 
title. 

Buildings  erected,  consent  of  States,  1275. 

Civil  Service,  regulations  for  admission,  163. 

Extradited  persons,  protection  of,  1476. 

Foreign  intercourse  fund,  payments  from,  190. 

Lands  held  in  trust,  obtain  release,  1279. 

Naval  officers  to  inspect  Army  transports,  306. 

Opinions  of  department  heads,  may  require,  2. 

Pardons,  2. 

Transfer  officers  from  retired  to  active  list,  958a, 
958d. 

Treaties,  7. 
PROCLAMATIONS— 

Calling  for  volunteers,  1384. 

of  Neutrality,  penalty  for  violation,  1475. 
PUBLIC  LANDS— 

Military  Reservations,  disposition  of  useless, 
1281. 

Reservation  of  parcels  of  land,  1285. 

Unlawful  enclosures,  removal,  1318. 
RATIONS— 

Issuance  to  Indians  at  posts,  599. 

Substitute  equivalent,  593. 
SUCCESSION  TO  PRESIDENCY— 

Eligibility  rules  same  as  for  election,  6. 

Order  of,  5. 

of  Vice-President,  4. 
TERM  OF  OFFICE— 

Commencement,  3. 

Four  years,  1. 
WAR— 

Transportation  of  troops,  preference  to,  525. 
WHITE  HOUSE— 

Chief  of  telegraph  at,  881. 

Detail  of  clerks  to  duty  in,  12. 

Military  storekeeper,  retention  of,  513. 
VOLUNTEER  FORCES— 

Officers,  appointment,  1386. 

Organization  into  brigades,  etc.,  1385. 

Proclamation  calling  for,  1384. 
PRINCIPALS: 

on  Bonds,  duration  of  liability,  396. 
PRINTING  AND  BINDING: 
Appropriations  for,  availability,  115. 
Cost,  in  Court  of  Claims,  losing  party  to  pay,  289. 
Estimates  for,  information  to  accompany,  115. 
for  Executive  departments.   See  Executive  Depart- 
ments. 

for  Quartermaster's  Department,  1236. 
PRIORITY: 
of  Surety  on  bonds,  223. 
of  United  States,  221,  222. 
PRISONERS.    See  also  Articles  of  War. 
at  Disciplinary  barracks.    See  Disciplinary  bar- 
racks. 
at  Military  Prison.    See  Military  Prison. 


740 


INDEX. 


PRISONERS— Continued, 
of  War,  medical  care,  776. 
of  War,  pay  while  held,  720. 
PRISONS.    See  also  Disciplinary  barracks. 
Military  Prison.     See  Military  prison. 
Officers  in  confinement  dropped,  993. 
PRIVATE  PROPERTY.    See  Property. 
PRIVATES.    See  also  Enlisted  men. 
in  Hospital  Corps.    See  Hospital  Corps. 
Pay,  for  different  arms  of  service,  698. 
Pay,  in  staff  departments,  698. 
of  Quartermaster  Corps,  number,  506a. 
PRIZES: 

Captured  from  insurgents,  condemnation,  1428. 
Defrauding  United  States  of  captured,  penalty, 

1267. 

to  Graduates  of  school  for  bakers  and  cooks,  1188. 
PROCEEDS  OF  SALES.    See  Sales. 
PROCLAMATION     OF     PRESIDENT.       See 

President  of  the  United  States. 
PROFESSORS: 

at  Military  Academy.    See  Military  Academy. 
PROMOTIONS,  ARMY: 
of  a  particular  class  of  officers  or  enlisted  men.    See 

the  specific  title. 
ENLISTED  MEN— 

to  Second  lieutenants,  provisions  for,  919-921. 
OFFICERS— 

in  a  particular  corps  or  department.    See  the  spe- 
cific title. 

Line.    See  Officers,  Army. 
Staff  Departments.     See  Staff  departments. 
PROPERTY.    See  also  Public  property. 
Captured  on  high  seas,  jurisdiction  over,  302. 
Civil  rights  with  respect  to,  1443. 
Confiscation  of.    See  Insurrection. 
Damage  to,  from  gunfire,  etc.,  claims  for,  162. 
Destruction.    See  Articles  of  War. 
during  Insurrection.    See  Insurrection. 
Lost  in  military  service,  claims  for,  217,  217a. 
PROVING   GROUND: 

Brick  house  on,  not  "public  quarters,"  825a. 
PROVISIONAL   REGIMENT: 

In  Porto  Rico.    See  Porto  Rico  regiment. 
PUBLIC  ANIMALS.    See  Horses. 
PUBLIC    BUILDINGS.     For  a  particular  build- 
ing, see  the  specific  title.    See  also  Buildings. 
APPROPRIATION— 

Cost  of  construction  not  to  exceed,  1191, 1192. 
for  Sites,  cost  not  to  exceed,  1193. 
Unexpended  balances  available,  192. 
CONSTRUCTION— 

Cost  not  to  exceed  appropriation,  1191. 
Limit  of  cost,  at  posts,  without  approval,  546. 
by  Quartermaster's  department  by  contract, 

546. 

CONTRACTS— 
after  Advertising  in  quartermaster  department, 

546. 

Appropriations.    See  this  title ,  A  ppropriatiow. 
Bonds,  to  cover  labor  and  material,  1217. 
Bonds,  suits  for  labor  and  material  on,  1217. 
Eight-hour  law  to  be  observed,  1219. 
Separate  for  two  or  more,  1209. 
Draping  in  mourning  prohibited,  122. 
ESTIMATES— 
Plans  to  accompany,  97 


PUBLIC  BUILDINGS— Continued. 

for  Post  Exchanges,  518. 

Preference  to  American  material,  1234. 

SITES — 

Cost  not  to  exceed  appropriation,  1193. 
Title  to  be  approved  by  Attorney  General,  1290. 
Title  papers  to  Attorney  General,  1290. 
PUBLIC  BUSINESS: 

Condition  of,  in  Book  of  Estimates,  102. 

in  Executive  departments,  report  of,  108. 

Extension  of  hours  of  labor  when  in  arrears,  49. 

Monthly  report  as  to  condition,  49. 
PUBLIC  DOCUMENTS.     See  Documents. 
PUBLIC  FUNDS.    See  also  Public  moneys. 

Militia  officers  furnished  for  coffee,  etc.,  1350. 
PUBLIC  IMPROVEMENTS.     See  Public  build- 
ings. 
PUBLIC   LANDS.     See  also  Public  property. 

Conveyed  to  individuals  for  use  of  United  States, 
1278. 

Homesteads  on.    See  Homesteads. 

Inclosures,  destroying  or  invading,  1314. 

Leasing  of  certain  authorized,  1279. 

Military  reservations.    See  Military  reservations. 

Monuments  of  surveys,  molesting,  1313. 

Purchases  of,  must  be  authorized,  1274. 

Removing  unlawful  enclosures,  1318. 

in  Reservations  not  subject  to  preemption,  1268. 

Rights  of  way  across,  forfeited,  when,  1283. 

Rights  of  way,  granting,  1282,  1283. 

Rights  of  way,  revocation,  1282. 

Trees  on,  penalty  for  chipping,  etc.,  1312. 

Trees  on,  penalty  for  cutting,  1311,  1313. 
PUBLIC  MONEYS.    See  also  Public  property. 

Accounting.    See    Accounting   officers,-   Account- 
ing of  public  money. 

Accounts,  failure  to  render,  421. 

Advance,  certificate  to  requisitions,  237.  ' 

Advances  forbidden,  exceptions,  407. 

Bankers  receiving  on  deposit,  etc.,  penalty,  427. 

Conversion  of,  419,  420,  426. 

Delinquent  custodian,  distress  warrant,  224. 

Depositories.    See  Depositories  of  public  money. 

Deposits,  failure  to  make,  422. 

Disbursement.     See     Disbursement     of    public 
money. 

Disbursing  officers.    See  Disbursing  officers. 

Drawn  only  in  accordance  with  appropriations, 
1S6. 

Duties  of  fiscal  agents,  185. 

Embezzlement,  419,  420,  428,  1263. 

Embezzlement,  evidence  of,  at  trial,  424. 

Embezzlement,  refusal  to  pay  draft  evidence,  425. 

Exchange  of  funds,  restrictions,  401. 

Fraudulent  receipts  or  vouchers,  426. 

Gross  amount  received  paid  into  Treasury,  403. 

Penal  provisions,  to  whom  applicable,  423. 

Premiums  received  on  sale  of  notes,  etc.,  402. 

Requisitions  for  advances,  disapproved,  when,  196. 

Warrants,  requirements,  237. 
PUBLIC  PARKS: 

Sale  of  obsolete  cannon,  etc.,  to,  840. 
PUBLIC  PRINTER.    See  also  Printing  and  bind- 
ing. 

Distributing  material,  etc.,  transferred  to,  85. 

Estimates  by,  to  departments,  114. 

Forms,  etc.,  furnished  departments,  112. 


INDEX. 


741 


PUBLIC  PRINTER-Contimiod. 
Publications  to  be  distributed  by,  85. 
Report  of  departments,  date  furnished,  106. 
PUBLIC  PROPERTY.     For  property  of  a  particu- 
lar department  or  office,  see  the  specific  title.    See 

also  Public  lands. 
DISPOSAL  OF— 

See  also  this  title,  Sales. 

Congress  empowered  to  make,  1255. 

of  Damaged  or  unsuitable,  1261. 

by  Sokiiert  prohibited,  1262. 
Inventory.    See  this  title,  Returns. 
ISSUES— 

See  also  this  title,  Sales. 

of  Arms,  etc.,  to  departments,  847. 
Loss  OF — 

Affidavit  of  commanding  officer,  1260. 

Affidavit  of  company  commander,  1260. 

Certificates  forwarded  accounting  officer,  1257. 

Charge  certified  to  accounting  officer,  1256. 

Officer  may  relieve  hinself  of  liability,  1258.    - 

Regulations  by  heads  of  departments,  1259. 
OFFENSES— 

Embezzlement,  penalty,  1263,  1264. 

Theft,  penalty,  1263,  1264. 

Receiving  stolen  property,  penalty,  1266. 

Robbery,  penalty,  1265. 
RETURNS — 

Failure  to  make,  penalty,  110. 

by  Heads  of  departments,  109. 
SALES.    See  also  this  title,  Disposal  of. 

Expenses  of,  paid  from  proceeds,  406. 

to  Philippine  Government,  proceeds,  417. 

Proceeds,  annual  statement  of,  101. 

Proceeds  from,  disposition,  403,  404. 
STATUTES  AT  LARGE— 

Preserved  as,  323. 
TRANSPORTATION— 

by  Quartermaster's  Department,  532. 
PUBLIC  RECORDS.    See  Records. 
PUBLIC  WORKS.    See  also  Public  Buildings. 
Bids,  separate  proposals  for  two  or  more,  1209. 
Eight-hour  law  to  be  observed,  1219. 
Estimates  to  be  accompanied  by  plans,  97. 
Preference  to  American  material  1234. 
Rivers  and  harbors.    See  River  and  harbor  works. 
PUNISHMENTS.    For  a  particular  offense     Seethe 

specific  title.  See  also  Articles  of  War. 
by  Courts-martial.  See  Courts-martial. 
Limit  of,  for  Army,  prescribed  by  President,  p. 

614. 

of  Military  convicts.    See  Military  prison. 
PURCHASES: 
of  a  particular  article  or  class  of  articles.    See   he 

specific  title. 

from  Contingent  funds.    See  Contingent  funds. 
of  Discharge.    See  Discharge. 
PURCHASING  OFFICERS: 
Funds  may  be  kept  in  personal  possession,  592. 
Trading  in  subsistence  stores  prohibited,  591. 
QUARANTINE. 

Epidemic.    See  Contagious  diseases. 
State  health  laws  to  be  observed,  14G2. 
Stations  under  Secretary  of  the  Treasury,  1463. 
Vessels  entering,  etc.,  against  regulations,  1464. 
QUARTERMASTER  AND  COMMISSARY  OF 

CADETS: 
at  Military  Academy.    See  Military  Academy. 


QUARTERMASTER     CORPS.    See    also    Pay 

Department;  Quartermaster's  Department;  Sub- 
sistence Department. 
APPOINTMENTS— 

by  Detail,  how  made,  495. 
APPROPRIATIONS— 

Available  for  purchase  of  reserve  supplies,  616a 

Expenditures  for  subscriptions  in  advance,  520. 

Pay  of  Army  disbursed  by  officers  of,  689. 

for  "Supplies    Services,  and  Transportation" 

created,  689a. 
BRIGADIER  GENERAL— 

Permanent  vacancy,  to  cease  and  determine 

502. 

Chief.    See  Chief  of  Quartermaster  Corps. 
CIVILIAN  EMPLOYEES— 

Authorized  to  enlist  in,  505. 

Certain,  replaced  by  enlisted  men,  505. 

Restrictions  upon  salary  and  number,  570. 
Commissary    sergeants.    See     Commissary    ser- 
geants. 
CONTRACTS— 

Certain,  reduced  to  writing,  1211a. 
Creation,  495. 
DUTIES— 

Disbursement  of  Army  pay  appropriation,  689. 

Disbursement  of  various  appropriations,  689a. 

Enumerated,  500. 
ENLISTED  MEN— 

Authorization,  to  replace  civilian  employees, 
505. 

Composition  and  pay,  506a 

Composition  and  decrease  of,  505,  506. 
Establishment,  495. 
OFFICERS— 

Brigadier  generals,  decrease  of  one,  502. 

Composition,  497. 

Details  of,  how  made,  495. 

Duties,  500. 

to  Form  one  list  for  filling  vacancies,  495. 

Number  of,  from  captains  to  colonels,  497. 

Regimental    commissaries,    etc.,    to    perform 
duties,  498. 

Six  captains  promoted  to  major,  496. 

Vacancies,  how  filled,  495,  497. 
Quartermaster  sergeants.    See  Quartermaster  ser- 
geants. 

Supervision  by  Chief  of  Staff,  503. 
SUPPLIES— 

Sale  to  Navy  and  Marine  officers,  588a. 
QUARTERMASTER      GENERAL.     See     also 

Quartermaster's  Department. 
in  Absence,  officer  detailed  to  act,  146. 
Account  to  Secretary  of  War  for  money  every  3 

months,  1259}. 

Charges  against  officers  for  loss  of  property,  1256. 
Money  in  hands  of  subordinates,  not  liable  for,  387. 
Property  in  hands  of  subordinates  not  liable,  387. 
Regulations  for  property  accountability  to  be 

prescribed  by,  1259}. 
QUARTERMASTER  SERGEANTS: 
Authorization  and  appointment,  514,  514a. 
Designation  changed,  496. 
Duties,  514. 
Number,  506a. 
Pay  and  allowances,  514,  695. 
Qualifications  for  appointmeat,  514a. 
Supplies.    See  Quartermaster's  Department. 


742 


INDEX. 


QUARTERMASTERS,  ARMY: 
Claims  of,  jurisdiction  of  Court  of  Claims,  277. 
Losses  by,  Court  of  Claims  decree,  280. 
any  Officer  may  act  temporarily,  499. 
Regimental,  battalion,  etc.,  duties,  498,  499,  938. 
Regimental,  horses  allowed,  554. 
QUARTERMASTER'S    DEPARTMENT.     See 

also  Quartermaster  Corps. 
APPOINTMENTS— 

Discontinued,  details  in  lieu  thereof,  936. 
APPROPRIATIONS— 

Contracts  for  stores  in  advance  of,  1190. 

Expenditures  from,  restricted,  1291. 

Payments  from  total  available  balance,  523. 

for  Shelter  of  troops  in  Philippines,  548. 
CIVILIAN  EMPLOYEES— 

Number  limited,  569,  570. 

Salaries  limited,  569,  570. 
Composition,  507. 

Consolidation  into  Quartermaster  Corps,  495. 
DUTIES— 

Deductions  from  mileage  allowances,  685. 

Supplies,  purchase  and  distribution,  515. 

Supplies,  etc.,  to  naval  and  marine  detach- 
ments, 517. 

Transportation  for  Army,  515. 
ENLISTED  MEN— 

Army  service  detachment,  number,  1170. 

Army  service  men,  enlistment  of,  1168. 

Army  service  men,  no  extra  pay,  1169. 
OFFICERS— 

Bond,  President  may  increase,  388. 

Bonds,  sum  and  condition,  387. 

Contracts,  not  to  be  interested  in,  519. 

Disabilities,  519. 

Duties,  515. 

Increase  in  number,  508. 

Transportation  of  property  for  surveys,  532. 

Vacancies  in  certain  grades,  how  filled,  511. 
Organization,  507. 
PRINTING — 

Contract,  after  advertising,  exception,  1236. 

Done  by  Government  Printing  Office,  1236. 
PROMOTIONS— 

by  Seniority,  509. 

Property.    See,  this  title,  Supplies. 
Quartermaster  General.    See  Quartermaster  Gen- 
eral. 

Quartermaster  sergeants.    See  Quartermaster  ser- 
geants. 

Quartermasters.    See  Quartermasters  Army. 
STOREKEEPER— 

Abolishment  of  office,  512. 
Supervision  by  Chief  of  Staff,  503. 
SUPPLIES— 

Accountability  system  to  be  prescribed,  1259J. 

Contracts  for,  before  appropriation,  1190. 

Issued  to  militia,  title  in  United  States,  1358. 
1361. 

Proceeds  from  sales,  availability,  522. 

Purchase  from  Indians,  1240. 

Purchase  of,  on  Pacific  coast,  1205. 
Transportation.    See  Transportation. 
QUARTER'S,  ARMY.     For  a  particular   class   of 

officers  or  enlisted  men,  see  the  specific  title. 
Assignment  of,  in  kind,  according  to  rank,  551. 
Barracks.    See  Barracks. 


QUARTERS,  ARMY— Continued. 

Brick  house  at  proving  ground   not    "public 
quarters,"  825a. 

Commutation  for  details  abroad,  673. 

Commutation,  duty  "without  troops,"  671. 

Commutation  rates,  670. 

Commutation  to  retired  officers  at  colleges,  945, 
946. 

Commutation  of,  where  no  public  quarters,  668, 
668a. 

Heat  and  light  for  authorized  allowance,  556. 

for  Militia  officers  attending  schools,  1334. 

for  Officers,  limit  of  cost,  at  posts,  547. 

Officers  temporarily  on  duty  in  field,  552,  672. 

Permanent,  cost  limited,  547. 

"Public  quarters  available,"  Secretary  of  War  to 
determine,  668b. 

for  Servants  not  allowed,  670. 
RAFTS: 

Army  transports  to  be  equipped  with,  536. 
RAILROADS.    Bond-aided.          See    Bond-aided 

Railroads. 

RANK,  ARMY.     For  rank  of  a  particular  class  of 
officers  or  enlisted  men,  see  the  specific  title. 

Army  Register  to  contain  lineal,  326. 

Brevet.    See  Brevet  Rank. 

Equal,  may  not  be  held  in  both  line  and  staff, 
934. 

Lineal,  advancement  of  officers  who  lost  by  regi- 
mental promotion,  929. 

Officers,  precedence  fixed  by  service,  1126. 

Officers,  volunteer  service  does  not  affect,  1007. 

Relative,  between  officers  of  same  grade,  353. 

Relative,  with  officers  of  Navy,  352. 

Relative,  reorganization  act  not  to  change,  1102. 
RATIONS,  ARMY.     For  a  particular  class  of  offi- 
cers or  enlisted  men,  see  the  specific  title. 

Cash  to  retired  enlisted  men  in  lieu  of,  714,  715. 

Coffee  and  sugar,  commutation  of,  601,  602. 

Coffee  and  sugar,  in  kind  issued  weekly,  600. 

Commutation  to  competitors  in  rifle  matches, 
611a. 

Commutation,  to  enlisted  men,  on  furlough,  611. 

Constituents,  change  by  President,  593. 

Constituents  prescribed  by  President,  593. 

Emergency,  in  addition  to  regular,  595. 

Enlisted  men  entitled  to  one  daily,  596,  597. 

Interest  of  certain  officers  in  purchase  or  sale  pro- 
hibited, 591. 

Issuance  to  Indians,  may  be  authorized,  599. 

to  Naval  or  marine  detachments,  590. 

Sale  to  officers,  amount  deducted  from  pay,  692. 

Sale,  to  officers  in  field  authorized,  605. 

Special  for  soldiers  recovering  from  sickness,  594. 

Supplies  for,  purchase  of,  586. 
REAL  PROPERTY: 

Civil  rights  of  citizens  with  respect  to,  1443. 
REAPPROPRIATION: 

Of  unexpended  balances,  191a. 
REAR  ADMIRALS,  NAVY: 

Relative  rank  of,  with  officers  of  the  Army,  352. 
REBELLION.     See  also  Insurrection. 

Militia  may  be  called  to  suppress,  1339,  1340. 

War  of.    See  Civil  War. 

RECEIVERS  OF  PUBLIC   MONEYS.          See 
also  Public  moneys. 

Duties  of,  as  fiscal  agents,  185. 


INDEX. 


743 


RECESS  APPOINTMENTS.    See  Appointments. 
RECORD  AND  PENSION  OFFICE.     See  also 
Adjutant  General's  Department:    Military  Secre- 
tary's Department. 

Appropriations,  availability,  435. 

Assistant  chief,  rank,  433. 

Chief,  rank,  433. 

Establishment,  432. 

Merged  into  Military  Secretary's  Department, 434. 

Pension  business  of  War  Department,  438. 

Records  of  militia  in  war,  filed  in,  439. 

Records  of  volunteer  armies,  custody,  432,  438. 

Records  of  volunteers,  on  disbandment,  439. 

Records  of  wars  prior  to  Civil  War,  custody,  441. 

Removal  of  charge  of  desertion  on  rolls,  443, 454. 
RECORDING  CLOCKS: 

Use,  in  executive  departments,  forbidden,  121. 
RECORDS.    See  also  Documents. 

Destruction,  mutilation  of  public,  penalty,  129. 

Destruction,  etc.,  of  public,  by  custodian,  130. 

as  Evidence.    See  Evidence. 

False  or  fictitious  entry  by  custodian,  171. 

Forgery,  etc.,  public,  penalty,  131. 

of  Indian  wars,  441. 

Preservation,  regulations  by  department  heads, 
19. 

of  Revolutionary  wars.    See  Revolutionary  War. 

of  War  of  1812,  440. 
RECRUITING.    See  also  Enlistment. 

of  Volunteers.    See  Volunteer  Army. 
RECRUITING  DUTY: 

Assignment  of  retired  officer  to,  958. 
RECRUITING  STATIONS: 

Detachments  at,  composition,  pay,  etc.,  704. 
RECRUITS: 

Debts  due  traders,  etc.,  deducted  from  pay,  723. 

Employment  of  physicians  to  examine,  779. 

Mounted  service  school,  depot  for  certain,  1186. 

Premium  for,  accepted,  1032. 

Volunteers.    See  Volunteer  Army. 
RED  CROSS.    See  American  National  Red  Cross. 
REENLISTMENT.    See  Enlistment. 
REGIMENTAL  COURTS-MARTIAL.    See  also 
Courts- Martial. 

Jurisdiction  restricted,  924. 
REGIMENTAL  QUARTERMASTER: 

Horses  allowed,  554. 
REGIMENTS: 

Cavalry,  1071,  1072. 

Field  Artillery,  1090. 

Infantry,  1095,  1096. 
REGISTER.    See  Army  Register. 
REGISTERED  MAIL.    See  Mail  matter. 
REGULAR  ARMY.    See  also  Army. 

Composition,  331. 

Comprises  permanent  military  establishment,  330 

Constitutes  part  of  land  forces,  328,  329. 

Enlisted  strength  of  line,  332. 

Lieutenant  general  in,  abolished,  350. 
REGULAR  ARMY  AND  NAVY  UNION: 

Badges  of,  who  may  wear,  1021,  1022. 
REGULATIONS,  ARMY: 

President  authorized  to  make,  324. 

Volunteer  forces  subject  to,  1385. 
RELATIVE  RANK.    See  Rank,  Army. 
RELIGIOUS  ORGANIZATIONS: 

Members  of  certain,  exempt  from  Army  duty, 
1324. 


REMAINS: 

of  Civil  employees  who  die  abroad,  1063. 
of  Officers  and  enlisted  men,  1063. 
REMOUNT  DEPOTS: 

for  Volunteer  forces,  establishment,  1385. 
REMOUNT  DETACHMENTS: 
of  Cavalry,  at  remount  depots,  1080. 
Enlisted  men,  organization,  541,  1070. 
REMOVAL: 

of  Civil-service  employees,  42. 
of  Desertion  charge.    See  Desertion. 
REMUSTER: 

of  Volunteers.    See  Volunteer  Army. 
REPEAL: 

of  Acts  in  revision  of  Revised  Statutes,  314. 
REPORTS: 
of  a  particular  office  or  officer,  or  on  a  particular 

subject.    See  the  specific  title. 
of  Executive  departments.    See  Executive  depart- 
ments. 
REPRIEVES: 

Power  in  President,  to  grant,  2. 
REQUISITIONS: 

for  Advances  of  money,  237. 

RESERVATIONS.    See  also  Military  Posts;  Mili- 
tary Reservations;  Public  Lands. 
Inclosures  on,  breaking,  etc.,  penalty,  131 4. 
Rights  of  way  across,  1282,  1283. 
Survey  monuments  on,  molesting,  penalty,  1313. 
Timber  on,  cutting,  etc.,  penalty  1311,  1312. 
Unlawful  inclosures,  removal,  1318. 
RESERVE  MILITIA.    See  Militia. 
RESTORATION  TO  DUTY: 
of  Civil  deserters,  etc.,  pension,  446. 
of  Military  convicts,  488,  488a,  488b 
RETAINED  PAY: 

Abolished,  exception,  707. 
RETIREMENT,  ARMY: 
of  a  particular  class  of  officers  or  enlisted  men.    See 

the  specific  title. 
ENLISTED  MEN— 

Allowance  in  cash  in  lieu  of  clothing,  etc.,  715. 
Application  after  30  years'  service,  713, 1038. 
Commissioned  service  in  Porto  Rico  Regiment 

or  Philippine  Scouts,  709,  710. 
Credit  for  Army,  Navy,  or  Marine  service,  1038. 
Credit  for  Civil  War  service,  713, 1039. 
Credit  for  foreign  service,  1040,  1042. 
Credit  for  war  service,  1039. 
Detailed  on  recruiting  duty,  1392. 
Pay,  75  per  cent  of  rank  on  which  retired,  1038. 
NONCOMMISSIONED  OFFICERS.    See  also  this  title, 

Enlisted  men. 

Application,  after  30  years'  service,  713. 
Detail  on  recruiting  service,  1392. 
Detail  to  schools,  etc.,  pay,  946. 
OFFICERS— 

on  Army  Register,  988. 
ARTICLES  OF  WAR— 

Subject  to  988. 

ASSIGNMENT  TO  DUTY.    See  also,  this  subdivi- 
sion, Transfer  to  Active  List. 
Active  duties  to  which  assignable,  958. 
with  District  of  Columbia  militia,  959,  1373. 
to  Educational  institutions,  915-950. 
in  Recruiting  volunteers,  1392. 
on  River  and  harbor  work,  799. 
at  Soldiers'  Koine,  956. 


744 


INDEX. 


RETIREMENT,  ARMY— Continued. 
OFFICERS— Continued. 
ASSIGNMENT  TO  DUTY— Continued 

with  State  militia,  etc.,  957,  958. 

in  War,  restriction,  pay,  961. 
Command,  withdrawn  from,  986. 
DISCIPLINE— 

Subject  to  Articles  of  War,  988. 
GROUNDS  FOR  RETIREMENT— 

Age  62  years,  963. 

Age  64  years,  964. 

Application  after  30  years'  service,  962. 

Application  after  40  years'  service,  962,  964 

Cadet  service  not  counted,  657. 

Credit  for  volunteer,  etc.,  service,  655. 

Disability,  968,  981,  982. 

of  General  officers,  restriction,  972. 

Length  of  service,  963. 

Not  affected  by  act  of  June  30, 1882,  965. 

for  Panama  Canal  service,  certain,  on  appli- 
cation, 927j. 

Physical  disability  for  promotion,  930,  931. 

Staff  detail  does  not  postpone,  380. 
Hearing,  entitled  to,  983. 

Limited  list.    See,  this  subdivision,   Number. 
NUMBER— 

Limited  list  of  three  hundred  and  fifty,  966. 

Unlimited  list,  transfers  from  limited,  967. 

Unlimited  retired  list,  965. 
PAY— 

on  Active  duty,  974,  975. 

Additional,  for  holding  another  office,  990. 

on  Duty  at  colleges,  etc.,  949. 

on  Duty  at  Soldiers'  ITome,  956. 

Longevity  prohibited;  exception,  659. 

Rates,  658. 

Wholly  retired,  660. 
PROMOTION— 

Withdrawn  from  line  of,  986. 
RANK— 

Advanced,  for  Civil  War,  etc.,  service,  969a. 

Advanced,  for  service  on  Panama  Canal,  927d. 

Brigadier  generals,  certain,  advanced,  970. 
RANK  ON  RETIREMENT— 

Actual  rank  held  at  time  of,  984. 

Advanced,  for  certain  service,  969a. 

Advanced  for  Civil  War  service,  969. 

Advanced  for  service  on  Panama  Canal,  927c. 

of  Chief  of  Staff  bureau,  376,  973. 

Commissioned  in  advanced,  971. 

If  retired  for  disability,  985. 
Retiring  Board.    See  Retiring  Board. 
Secretaries  to,  not  authorized,  989. 
Territorial  appointments,  960. 
TRANSFER  TO  ACTIVE  LIST.    See  also,  this  sub- 
division, Assignment  to  Duty. 

Examination  for  promotion  required,  958c. 

Officers   previously    transferred    entitled    to 
benefits,  958e. 

of  Officers  retired  for  physical  disability  au- 
thorized, 958a,  958d. 

with  Rank  to  which  entitled,  958b. 
UNIFORM— 

of  Rank  at  which  retired,  988. 
Unlimited  list.    See  this  subdivision,  Number. 
VACANCIES  CAUSED  BY — 

Filled  by  promotion  in  order,  987. 


RETIRING     BOARDS       See    also    Retirement, 
Arm;/. 

Composition,  convening,  976. 

Findings,  items  prescribed,  979. 

Findings,  revision  by  President,  980. 

Oath  of  members,  977. 

Officers  entitled  to  hearing  before,  983. 

Organization,  976. 

Powers  and  duties,  978. 
RETURNS: 

of  Militia.    See  Militia. 

of  Property.    See  Public  property. 

of  Volunteers.    See  Volunteer  Army. 
RETURNS  OFFICE: 

Filing  of  contracts  in.     See  Contricts. 
REVENUE-CUTTER  SERVICE: 

Transportation  to  personnel  on  transports,  529. 
REVIEWING  AUTHORITY.     See    Courts-mar- 
tial. 
REVISED  STATUTES: 

Accrued  rights  not  affected  by  revision,  315. 

Certificate  to,  by  Secretary  of  State,  312,  318. 

Citation,  manner  of,  313. 

First  edition  1874,  308. 

Printed  copies  as  evidence,  310,  318. 

Repeal  of  acts  embraced  in  revision,  314. 

Repeal  of  certain  sections  relating  to  militia,  1320. 

Revision,  acts  after  December  1, 1873,  not  affected, 
317. 

Revision  authorized,  307. 

Revision,  scope,  313. 

Second  edition,  318. 

Sections,  arrangement,  reason,  316. 

Supplement  of  1891,  as  evidence,  320. 

Supplement  of  1891,  authorized,  319. 

Title  of  revision,  311. 
REVOCABLE  LICENSES: 

to  Use  public  lands.    See  Public  lands. 
REVOLUTIONARY  RECORDS: 

Appropriation  for  collecting,  etc.,  442. 

Publication  by  Pecretary  of  War,  442. 

Transfer  to  Secretary  of  War,  440. 

Transfer  to  War  Department,  442. 
REWARDS: 

for  Apprehension  of  deserters,  1056-1058. 

for  Apprehension  of  military  convicts,  1058. 

to  Employees,  for  suggestions,  861. 
RIFLE  CLUBS: 

Issue  of  rifles  and  ammunition  to,  954a,  954b. 

Results  of  practice,  filed,  1368. 

Sale  of  rifles,  etc.,  to,  price,  1367, 1368. 
RIGHT  OF  APPEAL: 

from  Court  of  appeals.    See  Court  of  appeals. 
RIGHT  OF  WAY: 

to  Militia  in  District  of  Columbia,  1466. 

over  Public  lands.    See  Public  lands. 
RIGHTS: 

Accrued,  not  affected  by  revision  of  R.  S.,  315. 

Civil.    See  Civil  Rights. 
RIVER  AND  HARBOR  WORKS: 

Annual  estimates  to  be  submitted,  98. 

Appropriations,  unexpended  balances,  192. 

Dredging,  etc.,  eight-hour  law  applicable,  1232. 

Employment  of  retired  officers  on,  799. 

Two  or  more  may  be  included  in  contract,  1210. 
R  'AD.3: 

Across  military   reservations,  when   permitted 
1284. 


INDEX. 


745 


ROBBERY: 

of  Public  property  from  agent,  penalty,  126,3. 
ROCK  EXCAVATION: 

and  Dredging,  eight-hour  law  applicable,  1232. 
ROSETTES: 

Worn  in  lieu  of  medals  of  honor,  1014, 1017 
SADDLERS: 

Rate  of  pay,  697. 
SALARY.    See  Pay. 
SALES: 

of  a  particular  article  or  class  of  supplies.    See 
specific-title. 

of  Public  property,  in  general.    See  Public  prop- 
erty. 
SANITARY  EQUIPMENT: 

Loan  to  Red  Cross,  775 b,  775c. 
SATURDAYS: 

Half  holiday  in  District  of  Columbia,  53. 
SCHOOLS.    See  also  Colleges. 

for  Bakers  and  cooks,  prizes  for  graduates,  1188.  - 

Detachments  at,  organization,  1183. 

for  Enlisted  men  at  posts  and  garrisons,  1293. 

for  Fire  for  Field  ArtiUery,  object,  1183. 

Issue  of  rifles  and  ammunition  to  certain,  954a, 
954b. 

of  Line,  army,  object,  1183. 
SCOUTS.    See  Indian  scouts;  Philippine  Scouts. 
SEA  TRAVEL.    See  also  Transportation. 

Enlisted  men  on  discharge,  to  \\  hat  entitled,  1046. 

Officers  on  discharge,  actual  expenses  only,  C83. 

Surgeons,  etc.,  actual  expenses  only,  682. 

What  to  constitute,  682. 
SEAL  OF  UNITED  STATES: 

Adoption,  1530. 

Affixed  to  commissions  of  civil  officers,  1531. 

Custody  in  Secretary  of  State,  1331. 
SEAL  OF  WAR  DEPARTMENT: 

Commissions  of  officers  issued  under,  925. 
SEAMEN: 

Alien,  naturalization  of,  1066. 
SEAS: 

Jurisdiction  over  offenses  committed  on  high,  300. 

Seizures  on,  condemnation  proceedings,  301,  302. 
SECOND    LIEUTENANTS,   ARMY^    See   also 
Officers,  Army. 

Appointment  from  enlisted  men,  920-923. 

Appointment  of  noncommissioned  officers,  919. 

Pay,  635. 

of  Porto  Rico  Regiment,  qualifications,  347. 

Relative  rank  with  officers  of  Navy,  352. 

Vacancies,  order  and  method  of  filling,  918. 
SECRETARY  OF  THE  INTERIOR.    See  also 
Executive  departments— Heads  of  departments: 
Interior  Department. 

Authorized  to  grant  rights  of  way,  1282, 1283. 

Indian  agents,  under  orders  of,  940, 1397. 
SECRETARY  OF  LABOR.    See   also  Executive 
departments— Heads  of  departments. 

Duty  with  regard  to  claims  for  injuries,  66. 
SECRETARY  OF  SENATE: 

Distribution  of  Senate  documents,  1172. 
SECRETARY  OF  STATE.    See   also    Executive 
departments— Heads  of  departments. 

Custody  of  seal  of  United  States,  1531. 

Duties,  with  reference  to  Revised  Statutes.    See 
Revised  Statutes. 


SECRETARY  OF  THE  TREASURY.    See  also 
Executive    departments— Heads    of    departments; 

Treasury  Department. 

Accounts.    See  also  A  ccounting  of  public  money. 
Accounts,  regulation  by,  196. 
Advance  of  money,  action  on  requisitions,  237. 
Appropriations,  disposition  of  balances,  191,  192. 
Claims.    See  Claims. 
Contracts  for  electricity  made  by,  1197. 
Delinquent  accounts,  report  of,  199. 
Designation  of  public  depositories,  182. 
Distress  warrants.    See  Distress  warrants. 
Estimates.    See  Estimates. 
Outstanding  liabilities,  certificate  as  to,  242. 
Quarantine  stations  under  control  of,  1463. 
Records,  copies  of,  by,  246. 
Set-offs  of  United  States,  enforcing,  239. 
Supplies  for  departments,  purchase  of,  1197. 
Surety  companies.    See  Surety  companies. 
Warrants  to  be  signed  by,  237. 
SECRETARY  OF  WAR.    For    particular    mat- 
ters relating  to  the  War  Department,  see  the 

specific  titles.    See  also  Executive  departments- 
Heads  of  departments;  War  Department. 
Acting  Secretary  designated  by  President,  143. 
ASSISTANT  SECRETARY— 

Appointment,  142. 

Creation  of  office,  142. 
Claims.    See  Claims. 
Clothing.    See  Clothing,  Army. 
CONTRACTS— 

Bids,  regulations  for,  1206. 

for  Supplies,  supervision  over,  1189. 
Creation  of  office,  141. 
DISCIPLINARY  BARRACKS— 

Clemency  and  restoration,  488a. 

to  Exercise  supervisory  control  over,  477a. 

Report  of  affairs  of,  477a. 
ESTIMATES— 

Fortifications,  report  on  employees,  818. 

for  River  and  harbor  works,  98. 

Signal  Office,  report  of  employees,  895. 
INSPECTIONS— 

of  Disbursements,  and  necessity  therefor,  412. 

Reports  of,  to  Congress,  462. 
MANEUVERS— 

Regulations  for,  1298. 

Report  to  Congress  of  joint,  1329. 
Mileage.    See  Mileage. 
Militia.    See  Militia. 
OPEN-MARKET  PURCHASES— 

Approval  of,  exceeding  $500,  1200. 

Exceeding  $200,  reported  to,  1198,  1199. 

of  Horses,  may  fix  maximum  price,  541, 542. 
POWERS  AND  DUTIES.    See  also  throughout  this 
title. 

Approval  of  expenditures  for  buildings,  1291. 

Custodian  of  propeity  of  department,  148. 

Duties  enumerated,  147. 

Flags  and  colors,  captured,  collected,  149. 

Guns,  determination  of  bore  and  caliber,  852. 

Indian  country,  removal  of  cattle,  1402. 

to  Inspect  military  prison  annually,  478. 

Military  forces,  instruction,  1297. 

Military  records,  collection,  etc.,  440,  442. 

Permits  for  examination  of  ruins,  etc.,  1286. 

Public  property,  inventory  and  retain,  109. 


746 


INDEX. 


SECRETARY  OF  WAR— Continued. 

POWERS  AND  DUTIES— Continued. 
Statue  of  Liberty,  to  keep  in  repair,  1288. 
Supervision  of  department,  147. 

Public  lands.    See  Public  lands. 

Quarters.    See  Quarters,  Army. 

REPORTS— 

Annual,  to  include  reports  of  inspections,  462. 
of  Disciplinary  Barracks  affairs,  477a. 
of  Inspections  of  accounts,  to  Congress,  412,  413. 
Militia,  expenditures  for  arms,  etc.,  1336. 

SUPPLIES— 

Prescribe  kinds,  etc.,  to  be  purchased,  516. 
Regulations  for  transportation,  etc.,  516. 

Transportation  of  troops.    See  Transportation. 
SECRET-SERVICE  AGENCIES: 

Established  by  volunteer  forces,  1385. 
SEIZURES: 

of  Property  on  high  seas,  condemnation,  301. 
SENTENCES.    See  Punishments. 
SEQUOIA  NATIONAL  PARK: 

Detail  of  troops  for  protection,  1301. 

Rights  of  way  through,  1282. 
SENATE.    See  Congress. 
SENATE  DOCUMENTS: 

Military  Academy  Library  furnished,  1172. 
SERGEANTS.    See  also  Noncommissioned  officers. 

Commissary.    See  Commissary  sergeants. 

Mess,  pay,  697. 

Ordnance.    See  Ordnance  Department. 

Pay,  695. 

Quartermaster.    See  Quartermaster  sergeants. 
SERUMS: 

Surgeon  General,  member  of  board  on,  780. 
SERVANTS: 

Enlisted  men  not  to  be  used  as,  1068. 

for  Officers,  quarters  not  allowed,  670. 
SERVICE  SCHOOLS: 

Civilian  employees,  pay,  362,  362a,  362b. 

Detachments  of  enlisted  men,  organisation,  1183. 

Instructors,  leaves  of  absence,  1187. 

Purchases  of  horses  for,  542. 

for  Theoretical  and  practical  instruction,  1183. 
SERVICES: 

for  E xecutive  departments .    See  Executive  depart- 
ments. 

for  Military  establishment,  contracts,  1189. 

Voluntary,  prohibited,  exception,  37. 
SET-OFFS: 

to  Claims.    See  Court  of  Claims. 
SETTLEMENT: 

of  Accounts.    See  Accounting  of  public  money. 

of  Claims.    See  Claims. 
SETTLERS: 

on  Indian  lands,  removal  of  unauthorized,  1400. 
SHARPSHOOTERS: 

Additional  pay  for  qualifying,  699. 
SHEEP: 

Driving,  etc.,  across  military  reservations,  1284. 
SHELTER  OF  TROOPS: 

in  Philippines,  report  of  expenditures  for,  548. 
SHOOTING  GALLERIES: 

Authorization,  to  be  open  to  militia,  553. 

Militia  appropriations,  may  be  expended  1353. 
SHORE  DUTY: 

of  Marine  detachments.    See  Marine  Corps. 

of  Naval  detachments.    See  Navy. 


SIBERT,  WILLIAM  L.: 
Promoted  to  brigadier  general,  927b,  927e. 
may  Retire,  on  application,  927j. 
Thanks  of  Congress  tendered,  927a. 
SICK  LEAVE: 

with  Pay,  may  be  granted,  to  employes,  50. 
SICK  REPORTS: 

of  Volunteers,  disposition,-  439. 
SICKNESS: 

Absence  of  officers  on  account  of,  661. 
SIGNAL  CORPS.    See  also  Chief  signal  officer. 
Appointments  and  promotions  in,  884. 
Appropriations  for  support,  882. 
AVIATION  DUTY— 
Details  on,  number  and  term,  889. 
Pay  and  allowances  while  on,  889. 
AVIATION  SECTION— 
Accidents,  payment  to  beneficiary  in  case  of 

death  by,  889n. 

Aviation  examining  boards,  composition,  889k. 
Aviation  mechanicians,  authorized,  number. 

889i. 

Aviation  mechanicians,  pay,  889j. 
Aviation  students,  qualifications,  etc.,  889d, 

889e. 

Composition,  889b,  889d,  889i. 
Creation,  889a. 
Duties  enumerated,  889a. 
Enlisted  men  instructed  in  art  of  flying,  889j. 
Enlisted  men,  number  and  pay,  889b,  889i,  889j. 
Military  aviator,  office  created,  889g. 
Military  aviator,  qualifications  for,  889k,  889m. 
Officers,  detailed  from  line,  889c-889e,  889k. 
Officers,  inefficient,  termination  of  detail,  S89f. 
Officers,  number  and  pay,  889b,  889h. 
Officers,  qualification  certificate  required,  889k. 
Officers  rated  in  two  classes,  889g. 
Pay  of  enlisted  men  studying  art  of  flying,  889j. 
Pay  of  junior  and  military  aviators,  889h. 
Qualification  certificates,  issue,  8891. 
Qualification  certificates  required,  889k. 
Composition,  879,  880. 
Draftsmen,  employment  of,  895. 
ENLISTED  PERSONNEL— 
Additional,  for  Aviation  Section,  889b. 
Composition,  890-892. 
Increase  for  Alaska  and  Philippines,  891. 
Increase  in  time  of  war,  892. 
Organization,  890-892. 
Pay,  G98. 

Return  of  stores  in  possession  of,  901. 
Exchange  of  typewriters,  etc.,  883a. 
Military  telegraph.    See  Telegraph  lines. 
OFFICERS— 

Additional  for  Aviation  Section,  889b. 
of  Aviation  Section.    See  this  title,   Aviation 

Section. 
Detailed  as  chief  of  telegraph  bureau,  Executive 

Office,  881. 

Detailed  in,  to  be  irom  grade  of  vacancy,  888. 
Detailed  from  line,  886,  887,  936. 
Examined  for  appointment,  or  promotion,  884. 
Lieutenants  promoted,  after  14  years,  386. 
Promotions  by  seniority,  885,  886. 
Return  of  stores  in  possession  of,  901. 
Vacancies  which  can  not  be  filled  by  promo- 
tions, 887. 


INDEX. 


747 


SIGNAL  CORPS— Continued. 

Organization,  879,  880. 
PROPERTY— 

Regulations  for  keeping  to  be  prescribed,  894. 
SALES— 

Proceeds  available  for  replacement,  883. 
SIGNAL  OFFICERS— 

Employment  of  additional  persons,  161. 

Employment  of  draftsmen,  895. 
VACANCIES  FILLED— 

by  Details  from  lino,  886,  887,  936. 

by  Promotion,  885,  886. 
of  Volunteer  forces,  1386. 
SIGNAL  SCHOOL,  ARMY,  1183. 
SITES: 

for  Fortifications.    See  Fortifications. 
for  Public  buildings.    See  Public  buildings. 
SKETCH: 

making,  etc.,  unlawful,  concerning  national  de- 
fenses, penalty,  13171-1317$. 
SKILLED  DRAFTSMEN.    See  Draftsmen.      - 
SMALL  ARMS: 

Militia,  supplied  with.    See  Militia. 
Obsolete,  sale  to  patriotic  organizations,  839. 
Practice,  appropriations  for,  availability,  831. 
Practice,  inspectors  of,  in  militia,  1357. 
SOLDIERS.    See  also  Enlisted  men. 
Discharged,  preference  to,  in  civil  service,  40,  41. 
Outfits  of,  not  to  be  sold,  1262. 
SOLDIERS'  HOME.    See  also  National  Home  for 

Disabled  Volunteer  Soldiers. 
ACCOUNTS.    See  also  Accounting  of  public  money. 

Adjustment    by    War    Department    Auditor 

limited,  1509. 
ADMISSION— 

Contributors  to  support  of  Home,  1515. 

Convicts,  deserters,  drunkards,  excluded,  1516. 

Disabled  soldiers,  veterans  of  wars,  1514,  1515. 

Regulars  or  Volunteers  wounded  in  duty,  1515. 
BOARD  OF  COMMISSIONERS— 

Choice  of  retired  officers  for  duty,  956. 

Composition,  quorum,  powers,  and  duties,  1502. 

Gifts,  authorized  to  receive,  1508. 

Pensions,  regulation  of  payment,  1520. 

to  Recommend  officers  for  appointment,  1505. 

Report  annually  to  Secretary  of  War,  1504. 

Sites  for,  purchase  of,  approval,  1503. 
BUILDINGS— 

Erection,  approval  of  Secretary  of  War,  1512. 

Erection  by  commissioners,  approval,  1503. 
DISBURSEMENTS — 

Over  $5,000,  approval  necessary,  1512. 
Discharge.    See  this  title,  Inmates. 
FUNDS — 

Accounts.    See  this  title,  Accounts. 

Borrowing  on  credit  of  home,  forbidden,  1513. 

Custody,  transfer  in  certain  cases,  1511. 

Custody  in  Treasurer  of  United  States,  1511. 

Deductions  from  pay,  707,  722, 1508. 

Deposited  in  Treasury,  interest,  1510. 

Disbursement  over  $5,000,  approval,  1512. 

Fines  of  courts-martial,  1507,  1507a. 

Forfeitures  for  desertion,  1507. 

Gifts,  1508. 

for  Support,  source  of,  1507. 
GOVERNOR— 

Appointment,  1505. 

Deputy  governor,  appointment,  etc.,  1505 

One  for  each  site,  removal,  1505. 


SOLDIERS'  HOME— Continued. 

Grounds,  purchase  of,  1512. 
INMATES— 

Discharge,  regulations  for,  1517. 

Outdoor  relief,  1511, 1518. 

Pensions.    See  this  title,  Pensions  of  Inmates. 

Subject  to  Articles  of  War,  etc.,  1521. 

Uniform  furnished  free,  1522. 
INSPECTION— 

by  Board  of  Commissioners,  1502. 

by  Inspector  General  annually,  464. 
LIQUOR— 

Sale  within  1  mile  prohibited,  1523. 
OFFICERS— 

Borrowing  on  credit  of  home,  forbidden,  1513. 

Enumerated,  appointment  and  removal,  1505. 

Retired  officer,  assigned  to  duty  at,  956. 

Selected  by  President,  1506. 
Outdoor  relief,  1511, 1518. 
PENSIONS  OF  INMATES— 

Allotment  to  dependent  relatives,  1520. 

on  Death,  without  heirs,  escheat,  1520. 

Paid  to  pensioner  at  discharge,  1520. 

Payment  to  treasurer  of  home,  in  trust,  1520. 

Surrendered  to  home,  1519. 
Secretary,  1505. 
Sites,  selection  of,  1503. 
SUPPLIES— 

Purchase  on  contract  from  lowest  bidder,  1512. 
TREASURER— 

Bond,  1506. 

Secretary  to  be,  1505. 

SOLDIERS'  HOMESTEADS.    See  Homesteads. 
SOLITARY  CONFINEMENT: 

of  Military  convicts,  reported,  491. 
SPANISH-AMERICAN  WAR: 
Badges.    See  Badges. 

Uniform,  etc.,  of  discharged  Volunteers,  1009. 
SPECIAL  AGENTS: 

for  Disbursement  of  money,  bond,  248. 
SPECIAL     COURTS-MARTIAL.     See     Courts- 
Martial. 
SPEEDY  TRIAL: 

of  Offenders  against  civil  rights,  1453. 
SPIES: 

in  Time  of  war,  death  sentence  authorized,  n.  614. 
STAFF  COLLEGE: 

to  Provide  theoretical,  etc.,  instruction,  1183. 
STAFF  DEPARTMENTS.     For  a  particular  de- 
partment, see  the  specific  title. 
CHIEFS  OF— 

Appointment  of  detailed  officer,  375. 

Appointment  from  line  officers,  373. 

Appointment  from  staff  officers,  374. 

Rank  and  pay  fixed,  373. 

Retired,  rank  and  pay  fixed,  376, 973. 
Enlisted  men.    See  Enlisted  men. 
Noncommissioned  officers.    See  Noncommissioned. 

officers. 
OFFICERS— 

Detailed  from  line,  378. 

Eligibility  for  detail,  restrictions,  937-938J. 

Eligibility  for  redetail,  379. 

Promotion,  by  seniority,  377. 

not  Reappointed,  return  to  former  grade,  382. 

Relative  rank  in  corps  or  arm  held,  381. 

Retirement  before  completion  of  detail  380. 

Term  of  detail,  379. 

Transfer  from  line,  934. 

of  Volunteers.    See  Volunteer  Army. 


748 


INDEX. 


STAFF  OFFICERS.  ARMY: 

on  Staff  of  a  particular  officer.    See  the  officer. 

Detail  from  Artillery  captains,  etc.,  1090. 

Details  from  Cavalry  captains,  etc.,  1077. 

Details  from  Infantry  captains,  etc.,  1100. 

Detailed,  without  creating  vacancy  in  line,  361. 

Regimental,  deemed  duty  "with  troops,"  385, 938. 

in  Staff  departments.    See  Staff  departments. 

of  Volunteers.    See  Volunteer  Army. 
STAMPS.    See  Postage. 
STATE  DEPARTMENT: 

Secretary.    See  Secretary  of  State. 

Tender  of  foreign  decorations  through,  1012. 
STATE  HEALTH: 

Officers  of  United  States  to  observe,  1462. 
STATE     SOLDIERS'    AND     SAILORS'     OR- 
PHANS' HOMES.    See  also   National   Home 
for  Disabled  Volunteer  Soldiers. 

Issue  of  ordnance  to,  authorized,  954,  955. 
STATE,  WAR,  AND  NAVY  BUILDING.    See 
also  Public  buildings. 

Superintendent,  duties,  etc.  154. 
STATES: 

Government,  republican  form  guaranteed,  1414. 

Insurrection  against  United  States.    See  Insur- 
rection. 

Insurrection,  suppression  by  militia,  etc.,  1416. 

Militia.    See  Militia. 

Volunteers.    See  Volunteer  Army. 
STATIONERY: 

for  Executive   departments,    contracts    limitei, 

1194. 
STATUE  OF  LIBERTY: 

Secretary  of  War  to  keep  in  repair,  1288. 
STATUTES  AT  LARGE.    See  also  Revised  Stat- 
utes. 

Contents,  321. 

as  Evidence,  321. 

Preserved  and  delivered  to  successor  323. 

Publication  and  distribution,  322. 
STEEL: 

Contracts  for,  after  advertisement,  827,  1239. 

Testing.    See   Ordnance   Department — Board  for 

Testing  Iron  and  Steel. 
STENOGRAPHERS: 

Employment  of  enlisted  men  as,  1069. 
STOLEN  PROPERTY: 

Penalty  for  receiving,  1266. 
STOPPAGES  OF  PAY.    See  Pay  of  enlisted  men; 

See  Pay  of  officers. 
STOREKEEPER: 

Bond,  387. 

Office  of,  abolished,  512. 

at  White  House,  continued  on  rolls,  513. 
SUBPOENAS: 

of  Witnesses  to  claims.    See  Claims. 
SUBSCRIPTIONS: 

for  Coast  Artillery,  payment  in  advance,  10S3a. 

for  Engineer  Corps,  payment  in  advance,  801. 

for  Executive  departments,  payment  in  advance, 
77a. 

for  Military  Academy,  payment  in  advance,  1178a. 

for  Quatermaster  Corps,  payments  advance,  520. 
SUBSISTENCE,  ARMY: 

of  Army  sick,  etc.,  in  Canal  Zone,  776a. 

Furnished  discharged  enlisted  men,  683,  721,  1046. 

Furnished  officers  on  discharge,  083. 

Rations.    See  Rations,  Army. 

Stores.    See  Subsistence  Department. 


SUBSISTENCE      DEPARTMENT.     See     also 

Quartermaster  Corps;  Staff  departments 
APPROPRIATIONS— 

Certain  to  constitute  one  fund,  689a. 

Use  for  subsistence  of  Army  sick  in  Canal  Zone, 

776a. 

Commissaries.    See  Commissaries. 
Commissary  General.    See  Commissary  General. 
Commissary  sergeants.    See  Commissary  sergeants. 
Composition,  580. 

Consolidation  into  Quartermaster  Corps,  495. 
DUTIES— 

Sales.    See,  this  title,  Stores. 

Sales  to  officers  and  men  at  cost,  587. 

Rations,  purchase  of  supplies  for,  586. 

Supply  rations  to  naval,  etc., detachments,  590. 
OFFICERS.    See  also,  this  title,  Duties. 

Bonds  and  condition,  387. 

Bonds,  regulation  and  increase,  388. 

Details  of,  581-583, 936. 

Disabilities,  591. 

Duties,  586. 

Funds  for  stores  may  be  kept  in  possession,  592. 

Promotions  by  seniority,  581. 

Vacancies,  filled  by  detail,  582,  583,  936. 
Organization,  580. 
Rations.    See  Rations,  Army. 
STORES— 

Contracts  for,  provisions,  1238. 

Credit  sales  to  men,  deduction  of  amount  due, 
725. 

Credit  sales  to  officers,  deduction  from  pay,  692. 

Credit  sales,  report  to  Paymaster  General,  587. 

Embezzlement,  penalty,  1264. 

Funds  for  may  be  kept  in  possession,  592. 

Interest  of  officers  in  purchases,  etc.,  prohib- 
ited, 591. 

Proceeds  of  sales  available  for  replacing,  607. 

Proceeds  of  sales  covered  into  Treasury,  609. 

Proceeds  of  sales  not  reported  to  Treasury,  603. 

Purchases  for  current  year  authorized,  1190. 

Purchases  for  officers  and  men,  589. 

Regulations  by  Secretary  of  War,  516. 

Sales  to  other  bureaus  of  War  Department,  604' 

Sales  to  another  executive  department,  604. 

Sales  to  officers  and.  men  at  cost,  587. 

Sales  to  officers  and  enlisted  men,  603. 

Sales  to  officers,  etc.,  of  Navy  and  Marine  Corps, 
588. 

Sales  of  tobacco  to  enlisted  men,  603. 
SUGAR: 

and  Co  Tee,  ration  of.     See  Rations,  Army. 
SUITS: 

on  Accounts,  for  recovery  of  balance  due,  203. 
before  Court  of  Claims.     See  Court  of  Claims. 
Evidence  in.    See  Evidence. 
for  Labor  and  materials,  bonds  to  cover  cost, 

1217. 

SUMMARY  COURT.    See  Courts-martial. 
SUNDAYS: 

Annual  leave  of  employees  not  to  include,  52. 
SUPERINTENDENTS: 
of  Assay  offices,  181. 

of  Military  Academy.    See  Military  Academy. 
of  Nurse  Corps.     See  Nurse  Corps. 
of  State,  War,  and  Navy  Building,  154. 
SUPERIOR  OFFICERS: 
Permitting  detachment  of  ineligible  officers,  937. 


INDEX. 


749 


SUPERNUMERARY  OFFICERS: 
Discharge,  on  application,  pay,  998. 
SUPPLEMENT: 

to  Revised  Statutes.    See  Revised  Statutes. 
SUPPLIES.     For  a  particular  article,  see  the  specific 
title. 

Army.    See  Supplies,  Army. 

Executive  departments.     See   Executive  depart- 
ments. 
SUPPLIES,  ARMY.    See  also  Public  property. 

Advertising  and  award  of  contract,  1199. 

Contractor's  name  to  be  marked  on,  1241. 

Contracts,  direction  of  Secretary  of  War,  1189. 

Damage  or  shortage,  charged  against  pay,  691. 

Manufacture  at  military  prison,  487. 

Proceeds  of  sales  to  colleges,  etc.,  951b. 

Purchases,  after  advertisement,  exception,  1198. 

Purchases  in  open  market,  1198-1200. 

Quartermaster's    supplies.    See    Quartermaster's 
Department. 

Reserve,  appropriations  available  for,  616a. 

Sales  to  educational  institutions,  951a,  951b. 

Sales  to  Philippine  Government,  proceeds,  417. 

Subsistence  stores.    See  Subsistence  Department. 

Transportation  by  private  parties,  538. 

Transportation,  United  States  vessels  preferred, 

152. 
SUPPLY   COMMITTEE.     See    General   Supply 

Committee. 
SUPREME  COURT  OF  UNITED  STATES: 

Appeal  to,  from  Court  of  Claims,  295-297. 

Habeas  corpus,  writs  of,  may  be  issued,  266,  267. 
SURETIES.    See  Bonds;  Distress  warrants;  Surety 

companies. 
SURETY  COMPANIES: 

Acceptance  as  security,  389. 

Agent  for  service  of  process,  390. 

Authority  to  do  business  must  be  granted,  391. 

Capital  of  $250,000  required,  391. 

Charter,  etc.,  deposited  in  Treasury,  391. 

Premium,  maximum  chargeable,  393. 

Statements,  quarterly,  to  Treasury,  392. 
SURGEON  GENERAL.    See  also    Medical  De- 
partment. 

Artificial  limbs  furnished  officers,  etc.,  782. 

Board  on  serums,  etc.,  members  of,  783. 

Contract  surgeons,  appointment  by,  738. 

Hygienic  Laboratory,  board,  member  of,  781. 

Losses  of  property,  to  certify  charges  for,  1256. 

with  Rank  of  major  general,  927f,  927g. 

Trusses  furnished  soldiers,  etc.,  783. 
SURGEONS,   ARMY.    See    also  Civilian    physi- 
cians. 

Contract.-    See  Contract  surgeons. 

Dental.    See  Dental  surgeons. 
SURVEYS: 

Mark,  etc.,  of,  penalty  or  disturbing,  1313. 

Property  for,  transportation  of,  532. 
TABLE  OF  DISTANCES.    See  Mileage. 
TACTICAL   ORGANIZATIONS.    See  the  organ- 
ization. 
TARGET  PRACTICE: 

Claims  for  damages  to  property  from,  162. 

Issue  of  rifles  and  ammunition  to  schools  and 
clubs  for,  954a,  954b. 

Militia.    See  Militia. 


TARGET  RANGER: 

Authorization,  open  to  militia,  etc.,  553. 

Militia  appropriation  available  for,  1353. 
TAYLOR  SYSTEM: 

Officers  prohibited  installing,  864a. 
TELEGRAPH  CORPS: 

Certificates  of  service  to  members  of,  458. 
TELEGRAPH  LINES: 

in  Alaska,  commercial  business  over,  897. 

in  Alaska,  estimates,  899. 

in  Alaska,  by  foreign  governments   prohibited, 
897. 

Connecting  Capitol  and  departments,  128. 

Military,  penalty  for  destruction,  etc.,  900. 

Military,  receipts  from  commercial  business,  89a 

Military,  under  Chief  Signal  Officer,  896. 

Operators  for  Capitol  line,  detail  of,  127. 

Washington- Alaska  line,  receipts,  899. 
TELEPHONE  LIN.E   : 

Military,  destruction,  etc.,  penalty,  900. 
TELEPHONE  SERVICE: 

Executive  departments,  contracts  for,  1197. 

Long-distance  calls  from  residences,  83. 

Private,  not  to  be  paid  from  public  funds,  83. 
TEMPORARY  CLERKS: 

in  Executive  departments,  compensation,  45. 
TERRITORIES.    See  also  Hawaii. 

Discrimination  against  uniform,  penalty,  1010. 

Militia.    See  Militia. 
TESTIMONY.    See  Evidence. 
TEXAS: 

Permits  to  Indians  to  enter,  prohibited,  1413. 
THEATERS: 

Discrimination  against  uniform  in,  penalty,  1010. 
TIME  CLOCKS.    See  Recording  clocks. 
TIME-MEASURING  DEVICES: 

Use  prohibited,  864a. 
TITLES: 

to  Sites  for  fortifications.    See  Fortifications. 
TOBACCO: 

Officers  not  to  be  interested  in  purchase,  591. 

Sale  to  enlisted  men  at  cost,  606. 

Sale  to  soldiers,  deductions  from  pay,  724. 
TORPEDO  STATION: 

Obtaining,  communicating,  etc.,  unlawful  infor- 
mation concerning,  penalty,  1317J-1317J. 
TOXINS: 

Surgeon  General  member  of  board  on,  780. 
TRANSFERS: 

in  Executive  Departments.    See  Executive  De- 
partments—Employees. 

of  Enlisted  men.    See  Enlisted  men. 

of  Officers.    See  Officers,  Army. 

from  Retired  to  active  list.    See  Retirement,  A  rmy. 

TRANSPORTATION.     For  a  particular  class  of 

articles,  see  the  specific  title.    See  also  Travel. 

of  Army  supplies.    See  Supplies,  Army. 

on  Army  transports,  restrictions,  528-530. 

Contracts  for  means  of,  advertisement,  1235. 

Enlisted  men,  on  discharge,  683,  1045,  1046. 

of  Horses  for  officers,  to  place  of  station,  561. 

Mileage.    See  Mileage. 

Nurse  Corps.    See  Nurse  Corp*. 

Officers  detailed  abroad,  673. 


750 


INDEX. 


TRANSPORTATION— Continued. 

Officers,  on  discharge,  6S3. 

to  Officers  in  kind,  deducted  from  mileage,  685. 

of  Officers,  over  land-grant  railroads,  686, 687. 

Officers,  restriction  as  to,  533. 

Purchase  of  draft  animals,  restrictions,  537, 538. 

Purchase  or  hire  of  vehicles,  etc.,  535. 

Reimbursement  for  excess  baggage,  etc.,  526,  527. 

of  Remains  of  officers,  etc.,  who  die  abroad,  1063. 

of  Troops,  by  land-grant  railroads,  531. 

of  Troops,  preference  to,  in  time  of  war,  525. 

of  Troops,  under  direction  of  Secretary  of  War, 

524. 
TRANSPORTS,  ARMY.   See  also  Transportation. 

Inspection  by  Naval  officers,  306. 

Intoxicating  liquors  not  to  be  sold  on,  1295. 

Safety  equipment  required,  536. 

Sale,  consent  of  Congress  necessary,  150. 

Service,  discontinuance  of,  authority,  151. 

Steamships,  purchase  for  use  as  authorized,  534. 

Use,  restrictions,  528-530. 

TRAVEL.    See  also  Transportation;   Traveling  ex- 
penses. 

Accounts,  oaths  to,  who  may  administer,  65. 

Allowances  of  officers  on  discharge,  684. 

Mileage.    See  Mileage. 

of  Officers,  necessity  for,  to  be  certified,  675. 

Without  troops  in  Alaska,  actual  expenses  only, 
681. 

Without  troops,  Secretary  of  War  to  define,  671. 
TRAVELING  EXPENSES: 

of  Civil  officers  and  employees,  limitations  upon, 
680a. 

Military  Academy  candidates,  1152. 

Militia  officers,  board  of,  per  diem,  1338. 

to  Militia  officers,  etc.,  attending  schools,  1334. 

Officers  on  instruction  tours,  in  lieu  of  mileage, 

680. 

TREASURER    OF    THE    UNITED  STATES. 
See  also  Public  moneys. 

Appointed  by  President,  178. 

Assistants.    See  Assistant  Treasurers  of  the  United 
States. 

Authorized,  178.    . 

Duties  enumerated,  179. 

Duties  as  fiscal  agents,  185. 

Report  on  unchanged  balances,  183. 
TREASURY  DEPARTMENT: 

Appropriations.    See  Appropriations. 

Assistant  Treasurers.    See  Assistant  Treasurers  of 
the  United  States. 

Claims.    See  Claims. 

Claims  allowed,  report  to  Congress  of,  216. 

Records  of,  as  evidence,  246,  247. 

Secretary.    See  Secretary  of  the  Treasury. 

Treasurer.    See  Treasurer  of  the  United  States. 
TREATIES: 

Power  to  make,  vested  in  President,  7. 
TREES: 

Blazed,  to  make  surveys,  cutting,  penalty,  1313. 

on  Public  lands,  cutting,  etc.,  penalty,  1311, 1312. 
TRESPASS: 

on  Harbor  defenses,  penalty,  1315. 

on  Public  lands.    See  Public  lands. 
TRIAL: 

Speedy,  in  civilrights  cases,  1453. 
TROOPS.    See  also  Troops  of  the  line. 

of  Cavalry.    See  Cavalry. 

Pay.    See  Pay  of  A  rmy. 


TROOPS— Continued. 

Right  of  way  to,  in  District  of  Columbia,  1466. 

Transportation  of.    See  Transportation. 
TROOPS  OF  THE  LINE: 

Artillery.    See  Artillery. 

Cavalry.    See  Cavalry. 

Coast  Artillery.    See  Artillery. 

Enlisted  strength  of  organizations,  1105. 

Field  Artillery.    See  Artillery. 

Infantry.    See  Infantry. 
TRUMPETERS: 

Rate  of  pay,  698. 
TRUSSES: 

Furnished  soldiers,  ruptured  in  line  of  duty,  782. 
TYPEWRITERS: 

Exchange,  by  departments,  authorized,  75a. 

Exchange,  by  Signal  Corps,  883a. 
UNIFORM,  ARMY.    See  also  Clothing,  Army. 

of  Civil  War  officers  who  resigned,  1007, 1008. 

Discrimination  against,  penalty,  1010. 

Officers,  according  to  actual  rank,  1005. 

Prescribed  by  President,  571. 

Retired  officers,  according  to  rank,  988. 

Spanish  War  officers  who  resigned,  etc.,  1009. 
UNION  VETERANS  ASSOCIATIONS: 

Unauthorized  wearing  of  badge,  penalty,  1025. 
UNITED  SPANISH  WAR  VETERANS: 

Unauthorized  wearing  of  badge,  penalty,  1025. 
UNITED  STATES: 

Claims.    See  Claims. 

Flag.    See  Flag  of  United  States. 

Seal.    See  Seal  of  United  States. 

Vessels.    See  Vessels. 
UNIVERSITIES.    See  Colleges. 
USELESS  PAPERS: 

in  Executive  departments,  disposition,  132, 133. 
VACANCIES: 

in  a  particular  office,  or  department,  or  branch  of  the 
service,  see  the  specific  title. 

Caused  by  retirement.    See  Retirement,  Army. 

in  Line  of  Army.    See  Officers,  Army. 

in  Staff  departments.    See  Staff  Departments. 
VEHICLES: 

Hire  or  purchase  for  official  purposes,  535. 

Purchase   for   Executive   departments,   restric- 
tions, 82,  82a. 
VESSELS: 

Clearance  may  be  refused,  1469a. 

Contracts  for,  eight-hour  law  applicable,  1228- 
1230. 

Departing   without  clearance,   penalty,   1469b, 
1472a,  1472b. 

Insurrection,  use  in.    See  Insurrection. 

Neutrality,  enforcement  of.    See  Neutrality. 

Obtaining,  communicating,  etc.,  unlawful  infor- 
mation concerning,  penalty,  1317J-1317f . 

Purchase  or  hire  for  official  use,  535. 

Quarantine.    See  Quarantine. 

of  United  States  preferred  for  transportation,  152 

Use  as  cruisers  and  transports,  payment,  534. 
VETERINARIANS: 

of  Artillery  Corps,  pay,  1078. 

of  Cavalry,  entitled  to  retirement,  1079. 

of  Cavalry,  pay,  1078. 

of  Coast  Artillery,  entitled  to  retirement,  1079. 

Commutation  of  quarters,  668a,  668b. 

Duties,  animals  to  be  cared  for  by,  544. 

Retirement,  1079. 

Sea  travel,  actual  expenses  only  allowed,  682, 


INDEX. 


751 


VICE-ADMIRAL,  NAVY: 

Relative  rank  with  officers  of  Army,  352. 
VICE      PRESIDENT      OF      THE      UNITED, 

STATES.    See  also  President  of  the    United 

States, 

Exempt  from  militia  duty,  1323. 
Term  of  office,  commencement  of,  3. 
VIRUSES: 

Board  on,  Surgeon  General  member,  780. 
VOLUNTARY  SERVICE: 

Acceptance  of,  forbidden,  exception,  37,  1195. 
VOLUNTEER  ARMY.    See  also  Militia;  Volun- 
teers. 

Appointments  in,  1384. 
ARTILLERY— 

Medical  personnel  of  regiments,  1385. 
BRIGADES— 

Composition,  357. 

Organization  of,  authorized,  1385. 
CAVALRY— 

Medical  personnel  of  regiments,  1385. 
Chaplains,  1387. 

Constitutes  branch  of  Army,  328. 
Corps,  Army,  357. 
Desertion.    See  Desertion. 
DIVISIONS— 

Compositions,  357. 

Organization  of,  authorized,  1385. 
ENGINEERS — 

Battalions,  medical  personnel,  1385. 
ENLISTED  MEN— 

Apportioned  among  States,  etc.,  1384. 

Authorization  for  enlistment,  1384. 

Certificates  of  merit  may  be  issued,  1385. 

Pay.    See,  this  title,  Pay. 
Enlistment.    See,  this  title,  Recruiting. 
ENROLLMENT— 

of  Militia  organizations,  1384. 

Period  of,  same  as  for  Regular  Army,  1383. 

Proclamation  to  State,  number  for  each  arm' 
etc.,  1384. 

Restricted  to  time  of  war,  etc.,  1383. 
Exempted  persons,  1324. 
GOVERNMENT— 

Subject  to  Army  Regulations,  1385. 
HOSPITAL  STEWARDS— 

Appointment  in  Regular  Army,  761. 
INFANTRY— 

Regiments,  medical  personnel,  1385. 
MACHINE  GUN  DETACHMENTS— 

Organization  as  President  directs,  1385. 
Maximum  strength,  1391. 
Medals  of  honor.    See  Medals  of  honor. 
MEDICAL  DEPARTMENT— 

Inspectors  detailed  with  each  army,  etc.,  1393. 

Officers  of,  command  to  which  entitled,  1393. 

Organization,  as  President  directs,  1385. 
MILITARY  PRISONS.    See  also  Military  prison. 

Organization,  as  President  directs,  1385. 
MUSTER.    See  also  Muster  rolls. 

Out  on  termination  of  war,  etc.,  1383. 

Rolls  to  Adjutant  General  for  file,  1390. 
Nurses  authorized,  1384. 
OFFICERS— 

Additional  for  drilling  recruits  authorized,  1391. 

Appointed  by  President,  1386. 

Appointment,  preference  to  certain  classes,  1388, 


VOLUNTEER  ARMY— Continued. 
OFFICERS— Continued. 

Appointment  of  Regular  Army  officers,  361. 

Appointments  above  colonel  prohibited,  1386. 

Appointments  from  Regular  Army,  1388. 

Assignment  and  transfer,  1393. 

Authorization  for  appointment,  1384. 

Brevet  rank  may  be  conferred,  1385. 

Commissioned  in  arm  of  service,  1386. 

Defect  in  title  to  office,  etc.,  pay,  457. 

Eligible  for  service  on  courts-martial,  1385. 

Medical,  command  by,  1393. 

of  Militia,  appointed  in  volunteers,  1384. 

Number  restricted,  1386. 

Pay.    See,  this  title,  Pay. 

Promotions,  1385. 

Staff.    See,  this  title,  Staff  officers. 
Organization,  1385. 
PAY.    See  also  Pay  of  A  rmy. 

during  Captivity,  720. 

of  Enlisted  men  fixed,  1394. 

to  Heirs  of  officer  whose  muster  is  amended,  456. 

of  Officers  not  duly  mustered,  455. 

of  Officers  same  as  for  Regular  Army,  1394. 

Similar  to  that  of  Regular  Army,  636. 
Paymasters.    See  Paymasters. 
Pensions.    See  Pensions. 
Promotions,  1385. 
RECRUITING — 

Additional  officers  for,  authorized,  1391. 

Employment  of  retired  noncommissioned  offi- 
cers, etc.,  on,  1392. 

Employment  of  retired  officers  in,  1392. 

Secretary  of  War  to  have  direct  control,  1391. 
RECRUITS— 

Additional  officers  for  drilling  authorized,  1391. 
REGULATIONS— 

Subject  to  Army  Regulations,  1385. 
RELIGIOUS  ORGANIZATIONS— 

Member  of  certain,  exempt  from  duty,  1324. 
REMOUNT  DEPOTS— 

Organization,  as  President  directs,  1385. 
Repeal  of  former  volunteer  acts,  1395. 
RETURNS— 

to  Adjutant  General,  1390. 

of  Disbanded  organizations,  filing,  439. 

Rendered  to  The  Adjutant  General,  439. 

of  Sick  and  wounded,  disposition,  439. 
SECRET-SERVICE  AGENCIES— 

Organization,  as  President  directs,  1385. 
SERVICE— 

Termination  of,  1383. 
SIGNAL  CORPS— 

Medical  personnel,  1385. 

Organization  as  in  Regular  Army,  1385. 
STAFF  OFFICERS — 

Additional  authorized,  1387. 

Appointed  by  President,  1387. 

for  Commands,  authorized,  360. 

Number  and  rank  authorized,  1387. 

Number,  restriction  on,  1387. 
VO  LUNTEERS.    See  also  Volunteer  A  rmy. 
Claims  for  service  during  Spanish  War,  218. 
Homes  for.    See  National  Home  for  Disabled  Vol 

unteer  Soldiers. 

Service  in.    See  Pay  of  A  rmy;  Retirement. 
Uniform  and  title  of  those  mustered  out,  1009. 


752 


INDEX. 


VOTERS.    See  also  Elections. 

Officers  attempting  to  fix  qualifications,  1459. 
WAGONERS: 

Rate  of  pay,  697. 
WAGONS: 
Purchase  of,  by  contract,  after  advertisement, 

1235. 
WAR: 

Articles  of.    See  Articles  of  War. 
Civil  War.    See  Civil  War. 
Claims.    See  Claims. 
Pensions.    See  Pensions. 
Records  of  a  particular .    See  the  specific  title. 
Transportation,  preference  to  troops,  525. 
WAR  COLLEGE,  ARMY: 

Establishment,  scope,  etc.,  1182. 
WAR  DEPARTMENT.    See  also  Army;  Execu- 
tive departments. 
ACCOUNTS.    See  also  Accounting  of  public  money. 

Settlement  of,  between  bureaus,  808. 
Assistant  Secretary.    See  Secretary  of  War. 
Auditor.    See  Auditor  for  War  Department. 
BUREAUS— 

Settlement  of  accounts  with  Medical  Depart- 
ment, 775a. 

Supplies,  etc.,  procured  for  another  bureau, 

payment,  417a. 
CHIEF  CLERK— 

Appointed  by  Secretary,  144. 

Custody  of  papers  in  absence  of  Secretary,  144. 

Requisitions,  etc.,  when  may  sign,  145. 
CLERKS.    See  also,  this  title,  Employees. 

in  Chief  of  S  taff's  O  ffice.    See  Chief  of  Staff. 

Details  of,  restricted,  363. 

at  Military  headquarters.    See  Military  head- 
quarters. 

to  Retired  officers,  forbidden,  989. 

at  Service  schools,  pay,  362,  362a. 
DISBURSING  OFFICERS.    See  Disbursing  officers; 

see  Disbursing  officers,  Army. 
EMPLOYEES— 

Additional  pay  prohibited,  exception,  161. 

Additional,  prohibited,  penalty,  161. 

Clerks.    See,  this  title,  Clerks. 

Inteiment,  1063. 

Insular  officers.    See  Insular  Affairs,  Bureau  of. 
PROPERTY— 

Custody  in  Secretary  of  War,  148. 
Record  and  Pension  Office.    See  Record  and  Pen- 
sion Office. 
Secretary.    See  Secretary  of  War. 


WAR  OF  1812: 

Records  of,  transferred  to  Secretary  of  War,  440 
WARRANTS: 

in  Civil  rights  cases,  1449, 1450. 

Distress.    See  Distress  warrants. 

for  Public  money,  requirements,  237. 
WASHINGTON-ALASKA  MILITARY  CABLE. 
See  also  Telegraph  lines. 

Receipts  from,  disposition,  899. 
WASHINGTON  BARRACKS: 

Use  of,  by  militia,  authorized,  1379. 
WATCHMEN: 

in  Executive  departments.    See   Executive  de- 
partments. 

in  Office  of  the  Chief  of  Staff,  362,  362a. 
WEST  POINT  MILITARY  RESERVATION: 

Command  of,  vested  in  Superintendent  of  Mili- 
tary Academy,  1111. 

Erection  of  churches,  when  allowed,  1181. 
WHITE  HOUSE.    See  President  of  the   United 

States. 

WIDOWS'  PENSIONS.    See  Pensions. 
WINES.    See  Intoxicating  liquors. 
WITNESSES.    See  also  Articles  of  War. 

Acceptance  of  bribe  by,  penalty,  1253. 

in  Claims  cases.    See  Claims. 

befoie  Courts-martial.    See  Courts-martial. 

Examination,  attorneys  for,  137,  264. 

Oaths,  who  may  administer,  64. 
WOMAN'S  RELIEF  CORPS: 

Unauthorized  wearing  of  badge,  penalty,  1025. 
WOMEN: 

Appointment  of,  as  clerks,  authorized,  26. 

Salary  of,  as  copyist,  44. 
WORKMEN.    See  also  Laborers. 

in  Armories,  etc.    See  Armories  and  arsenals. 

Eight  hours  to  constitute  day's  work,  1218,  1219. 
WOUNDS: 

Absence  of  officers  on  account  of,  661. 
WRITS: 

of  Habeas  corpus.    See  Habeas  corpus. 
YELLOWSTONE  NATIONAL  PARK: 

Detail  of  troops  for  protection,  1300. 
YOSEMITE  NATIONAL  PARK: 

Detail  of  troops  for  protection,  1301. 

Rights  of  way  through,  1282. 
YOUNG  MEN'S  CHRISTIAN  ASSOCIATION: 

Supplies,  etc.,  carried  on  Army  transports,  529. 


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